Child Pornography Attorney

Experienced DuPage County Child Pornography Attorney

Crimes relating to the possession, making, selling, and distribution of pornography are taken so seriously in Illinois that most child pornography offenses are classified as Class 1 felonies, resulting in imprisonment for four to fifteen years and a fine of between $1,000 and $100,000.

If you have been charged with a child pornography offense, you need the help of an experienced criminal defense attorney who is fully dedicated to protecting your interests and knows what it takes to reach a favorable outcome. At Wolfe & Stec, Ltd., our experienced and compassionate Illinois child pornography defense lawyers provide aggressive representation for clients throughout the DuPage County (Naperville, Woodridge) and Cook County (Chicago/Chicagoland) region who are facing criminal pornography charges. We offer a free consultation and examine every aspect of your situation to see where we can help.

What Is Criminal Pornography?

Pornography is considered to be material, often photographs or movies, which is designed to sexually arouse a person. Much of this material is legal since the First Amendment to the Constitution of the United States gives people the right to freedom of speech or expression, allowing us to read and write whatever we choose. Therefore, generally, adults are allowed to own or even make or publish pornography.

However, certain types of pornography are illegal. For example, the courts have decided that the First Amendment does not protect obscenity or child pornography. Child pornography includes the portrayal, through film, photographs, or other media, of children under the age of 18 or of severely intellectually disabled people engaged in acts that show or simulate sexual activity, such as penetration, oral sex, masturbation, sexual fondling or touching, and excretion or urination of a sexual nature.

What Is Child Pornography?

Child pornography pertains to individuals under eighteen (18) years old engaging in sexually explicit activities. Various actions can lead to child pornography charges, including:

• Distributing child pornography via mail, in-person exchanges, or online channels
• Downloading or transmitting materials is categorized as child pornography over the internet
• Possessing pornographic images of someone under 18 years, whether in physical form or on a computer’s hard drive
• Creating child pornography across various media formats, such as photographs, videos, or digital content intended for internet sales
• Selling child pornography
• Sending sexually explicit text messages or images to minors under eighteen (18) years or persuading a minor to send explicit photos.

Why a Powerful Defense Is Essential in a Child Pornography Case

Law enforcement can more easily investigate and prosecute child pornography cases. They no longer rely solely on eyewitness accounts or physical searches, as evidence is often found on computer hard drives. Crimes involving possession, sharing, or production of child porn are among the most serious and severely punished in sex crimes.

Each individual image carries its own penalty, and digital evidence can be prone to significant errors. Computer data is not infallible. Given the prevalence of hacking, online identity theft, and shared access to devices, innocent individuals may face accusations of possessing child pornography without understanding why. Given the considerable resources available to state and federal law enforcement for accessing computer data, a person charged with child pornography must have a formidable attorney equipped to build a strong defense.

Defense Strategies Used in Child Pornography Cases

If you’re facing charges for possessing or distributing child pornography or any other crime, the prosecution must establish wrongdoing beyond doubt. A strong defense demands the highest standards from prosecutors. Ignorance of the law or the child’s age is not a valid defense. Potential defenses for child pornography cases may involve:

• Mistaken Identity: Demonstrating that someone else used your Wi-Fi connection to access the problematic images
• Third-Party Responsibility: Arguing that someone else is responsible, whether at your workplace, dormitory, home, or another location
• Entrapment: Suggesting that law enforcement lured you into illegal activity
• Unlawful Evidence Collection: Asserting that law enforcement engaged in illegal actions to gather evidence.

What Are the Illinois Child Pornography Statutes?

In Illinois, statute 720 ILCS 5/11-20.1 makes it a crime to knowingly possess, produce, make, or distribute films, photographs, or other material that is child pornography. It is also a crime to solicit, use, persuade, induce, entice, or force a person under the age of 18 or a person who is severely or profoundly intellectually disabled to perform in child pornography (720 ILCS 5/11-20.1(a)(4), (a)(7)).

In addition, while as of January 1, 2011, minors who are caught sexting will generally not be charged under the state’s child pornography laws, minors who are caught possessing or distributing a sexually explicit image of a minor can be arrested and tried in juvenile court. Adults 18 or older who are caught exchanging or requesting sexually explicit images with or from a minor will still be prosecuted under the state’s child pornography laws and, if convicted, will be required to register as a sex offender.

Penalties if Someone Is Convicted of Child Pornography Crimes in Illinois

Child pornography charges in Illinois carry significant penalties, varying based on the acts involved and the child’s age.

• Producing, advertising, disseminating, or soliciting participants for moving imagery is a Class X Felony, carrying a sentence of 6 to 30 years in prison and a maximum fine of $100,000.
• Involvement with still imagery of the same nature is a Class 1 Felony, leading to 4 to 15 years in prison and a maximum fine of $100,000.
• Possession of moving imagery is a Class 2 Felony, resulting in a sentence of 3 to 7 years in prison and a maximum fine of $100,000.
• Possession of still imagery is a Class 3 Felony, punishable by 2 to 5 years in prison and a maximum fine of $100,000.

Penalties are raised if a child under 13 is depicted or the offender has a prior conviction related to child exploitation.

Contact a DuPage County Child Pornography Lawyer Today

If you’re facing charges related to child pornography, it’s crucial to seek legal advice. We can explore defenses tailored to your case, such as demonstrating a genuine effort to verify the child’s age or the person’s intellectual capacity.

At Wolfe & Stec, Ltd., our seasoned sex crimes defense lawyers in Illinois excel in complex cases. We swiftly gather information, assess defense options, and pursue a strategic approach based on the case specifics. We’re familiar with the judges and court system, leaving no stone unturned in your defense.

We work closely with clients, explaining all aspects of the case and the defense process. We aim to minimize the impact and protect your rights. Act promptly – call us for a free consultation at 630-305-0222 if you face pornography charges. We serve clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove, Bolingbrook, and the greater Chicagoland area. Schedule your free initial consultation at our office today.