Chicago Child Pornography Lawyer

Laws are in place in every state to protect children from sexual exploitation. Adults age 18 and over may pose in pornographic photos and videos, but those under age 18 are still considered children. This means that if you use children for pornographic purposes, or even possess pornographic material featuring children, you could face serious charges. To avoid life-altering criminal penalties, you will need a Chicago child pornography lawyer to defend your case.

You could face a child pornography charge for several reasons. Maybe you accidentally downloaded a video featuring minors online. If you frequent chat rooms, law enforcement officials may have tricked you into trading pictures with a supposed teen. Maybe you took suggestive pictures of a minor whom you reasonably believed to be of age. Regardless the reason for your charges, a Chicago sex crimes lawyer with O’Meara Law can help you.

Call us today at 312-909-0706 for a free and confidential consultation of your case.

How Does Illinois Law Define Child Pornography?

There are two types of child pornography. One type directly involves a minor, while the other uses digitally generated minors – that is, they are not real people. This makes no difference from a legal perspective. If the pornography involves children – real or not – under the 18, it is illegal.

If a child is naked or even partially and suggestively nude in a photo, then it may be considered pornographic in nature. No sexual explicit activity needs to occur. The point is whether the primary purpose of the photo, video, or recording is to arouse a sexual desire in the audience. This is opposed to nudity in art, where the material has a legitimate purpose other than sexual arousal.

Penalties for Child Pornography

Child pornography is a serious crime that carries harsh penalties. A person may face state or federal charges for such a crime. Internet pornography and pornography transmitted across state lines are typically charged at the federal level.

Penalties are not limited to those in possession of child pornography. Parents who coerce their child into making porn can also face charges, as well as those who permit their children to pose nude, even if they are willing.

In the state of Illinois, most child pornography offenses are charged as Class 1 felonies. This can result in four to 15 years of prison. Lesser offenses may be classified as Class 3 felonies. The most serious offenses are charged as Class X felonies. This classification is for aggravated child pornography, which occurs when the child is under age 13. This charge may result in a prison sentence of six to 30 years.

In addition to prison time, you could pay fines ranging from $1,000 to $100,000, depending on the severity of the crime. If you have previous felony charges, you could face harsher penalties and sentencing for a child pornography offense.

A child pornography conviction can have lasting consequences beyond prison time and fines. The state of Illinois requires you to register as a sex offender. You must register every year for at least 10 years. This requirement begins either at the date of conviction or the date you are released from prison.

Your criminal background will exclude you from working with children – along with many other careers requiring a professional license or a background check. You may also be limited as to where you can live, since sex the offender registry will bar you from living within a certain distance from a school or park.

Since child pornography is a felony, a conviction will result in the revocation of your right to bear arms. And if you’re an immigrant, you may also face deportation proceedings.

Getting Legal Help for Child Pornography Charges

Child pornography is a serious crime. State and federal laws may be involved, and as a result, your case may be complex and take a long time to reach its conclusion. But, this doesn’t mean your case is helpless – there may be ways of fending off the charges. Do not plead guilty before consulting with a Chicago child pornography lawyer.

One common defense is to claim that you did your due diligence to research the child’s age before engaging in pornography. Simply stating that the child “looked 18,” however, will not be sufficient.

First Amendment rights do not extend to pornographic images. Any visual portrayal of children engaging in sexual acts or displaying sexually explicit behavior is considered pornography. This includes photos, videos, undeveloped film, downloads, and anything in electronic storage.

Former prosecutor and criminal defense attorney Michael O’Meara is ready to put his two decades of courtroom experience to work in your case. When your future is on the line, you owe it to yourself to retain a fierce and dedicated legal advocate.

Take charge of the situation and call O’Meara Law today at 312-909-0706 for your free and confidential consultation.