In Illinois, internet sex crimes are being prosecuted at increasing levels. That’s partly because of how common communication online is today, which has led to the creation of a specialized police unit that investigates crimes online, including sex crimes.

Just like with any other sex crime, internet sex crimes are very serious charges. A conviction for sex crimes related to the internet can throw your life into turmoil, leaving you facing serious felony charges and even decades in prison if convicted, all on top of being labeled as a sex offender.

Here is what you need to know about the most common Illinois internet sex crimes and the associated penalties.

IL Child Pornography Charges

The internet has made the creation and dissemination of child pornography easier, which has led to it being one of the most common internet sex crimes in Illinois.

Child pornography under Illinois law is defined as any depiction by photo, video, or film of a person under 18 engaged in sex or sexual conduct in the nude. Under state law, it’s illegal to make and distribute these types of images. It’s also illegal to simply have it in your possession, including viewing it on a computer and then deleting it.

In some circumstances, child pornography can be prosecuted at both the state and federal levels. How it is prosecuted depends on the conditions surrounding the offense. Any situation that includes the large-scale production of child pornography and its distribution will probably be prosecuted at the federal level.

Penalties for Child Pornography in Illinois

If your case goes through the state courts in Illinois, you will face a felony charge since all child pornography charges are felonies. They can range from a Class 3 felony to a Class X felony in the state.

Class 3 felonies will likely carry a prison sentence of between three and five years, but the more serious charges of Class 1 or Class X felonies can send someone to prison for 30 years or more. That’s why having an experienced criminal defense attorney on your side is vital for your future.

Sex Trafficking in Illinois

Another common sex crime that occurs online is sex trafficking. When someone intentionally harbors, transports, recruits, obtains through any means, or entices a person for the purpose of sexual servitude, then it is considered sex trafficking in Illinois.

It should be noted that to be charged with sex trafficking, the victim does not need to be transported. Even in situations where the victim never leaves their location, it’s still considered sex trafficking if you attempt to subject the victim to it over the internet.

Penalties for Sex Trafficking in Illinois

In Illinois, sex trafficking is a Class 1 felony. If convicted, you can face up to 15 years behind bars. It’s important to note that in a case with aggravating factors, sex trafficking can be elevated to a Class X felony, the most serious in the state. That can send a person to prison for decades if found guilty.

Online Solicitation of a Minor

Another common internet sex crime prosecuted in Illinois is the online solicitation of a minor. This is a sort of blanket term that can be applied to various crimes, such as electronic enticement of a minor, the demand for sexual favors from a minor, and even simply discussing sex with a minor online.

Essentially, when someone commits online solicitation of a minor, they use an electronic device such as a computer or smartphone to request a meeting with the child without the consent of the child’s parents. There doesn’t need to be any sexual act that occurs to be charged with this in our state. One must only intend to engage in a sexual act with someone under 17.

The Penalties for Online Solicitation of a Minor

The penalties associated with online solicitation vary depending on the underlying crime. For example, if you are charged with discussing sex with a child over the internet, then that is a Class 4 felony, which is punishable by up to four years in prison and fines of as much as $25,000.

However, requesting a sexual act from a minor can be a Class 1, 2, or 3 felonies in the state. That can result in incarceration for as many as 15 years and make you accountable for fines of as much as $25,000.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in greater Chicago. He has extensive experience handling all criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The issue of child pornography is something that is of great concern to the general public as well as law enforcement. That’s why the laws surrounding the crime are decisive and strict, and the definition of what constitutes child pornography and its possession is clearly spelled out under the current laws.

What does it mean to possess child pornography in Illinois? What types of penalties are associated with this crime? These are important questions for every citizen, so read on to find out the answers.

What Is Child Pornography?

The state of Illinois defines child pornography as photographs, videos, films, or other visual mediums that depict a child or someone with a severe intellectual disability in one of these situations:

• Engaged in sexual conduct either with someone or alone
• Engaged in conduct that involves sex organs
• Engaged in masturbation
• Portrayed as an object of lewd touching or fondling
• Engaged in an act involving excretion in a sexual context
• Engaged in a pose or in a setting that involves the exhibition of them in an undressed state

Child pornography charges will be considered aggravated if the child in the above material is under the age of 13.

What Does It Mean to Possess Child Pornography?

Under the law in Illinois, you cannot legally have in your possession materials that depict child pornography such as videos or photos.

Of course, the term possession has a legal definition, which is that the person accused of possessing child pornography must know or have a reason to know that they are in possession of it.

If you don’t know that you are in possession of material that depicts someone under age 18 in a sexual way, then it’s not a crime in the state. The knowledge of having that material in your possession is the lynchpin of the crime – and necessary to charge someone in the state.

What Are the Penalties for Child Pornography?

If prosecutors can prove that someone had knowledge of the possession of child pornography, then they have a case that can lead to a conviction. Those convicted of child pornography possession can face one of two versions of the crime and their associated penalties.

Class X Felony

Possession of child pornography that involves the possession of video, film, or other moving depictions is a Class X felony in the state. That can mean a prison sentence of 30 years but with an extension that can go all the way to 60 years, $25,000 in fines, and supervised release for three years. There is no possibility of a conditional discharge or probation for the crime.

Class 1 Felony

A Class 1 felony for child pornography encompasses crimes that don’t involve a moving depiction like video. If you are found guilty of a Class 1 felony for child pornography, you face up to 15 years behind bars. The sentence can extend up to 30 years in some circumstances. You will also be required to pay $25,000 in fines, be subject to supervised release for two years, and conditional discharge or probation for as much as four years.

If you are considered a repeat child pornography offender, then you may also have to undergo psychological evaluation and testing.

Child pornography charges are serious. If you’ve been accused of possessing child pornography, then it’s vital to know your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Furthermore, not all Illinoisans are created equal — some are more vulnerable than others. That’s why we have harsher penalties against hate crimes or crimes against the elderly.

Still, children are considered the most vulnerable of us all, so when crimes involve them, the punishment is meant to fit.

Children Are Considered Especially Vulnerable to Sex Crimes

Statistics show that one out of four human trafficking victims globally is under the age of 18. Even in their own neighborhoods, 1 out of every 9 girls will be sexually abused by an adult before they reach their 18th birthday.

Illinois has gained recognition as of late for its creation of laws designed to protect children from abuse and sex trafficking. The state received a “B” grade from Shared Hope International for our current laws and policies on sex crimes.

Let’s take a closer look at the laws that led to this grade and the current penalties offenders face upon conviction.

Child Prostitution Laws in Illinois

Three hundred thousand children are victims of child sex trafficking in the United States alone. Child prostitution charges are always a felony in Illinois, whether or not you initiate the crime.

Patronizing a Minor Can Land You Five Years in Prison

Exchanging money for sex from a child prostitute (also known as “patronizing a minor”) is a Class 3 felony, for instance. Penalties include up to five years behind bars. Committed this crime near a school, and face Class 2 felony charges. Penalties increase to seven years behind bars.

Promoting Prostitution of a Child Can Lead to Decades Behind Bars

Acting as any child’s “pimp” or “john” or soliciting clients for a child prostitute is called “promoting prostitution of a child” in Illinois. This is a Class 1 felony. You can expect more than a decade-long prison sentence if convicted. When a crime happens 1,000 feet from a school, it’s a Class X felony. Translate: a 60-year prison term.

What’s more, children do not actually have to be engaged in sexual activity for an adult to be charged with a child sex crime.

IL Laws Surrounding Sexual Exploitation of a Minor

Simply trying to entice a child to engage in sexual behavior is a crime in Illinois — and more often, this type of crime is taking place online. It is known as the sexual exploitation of a minor.

When a Misdemeanor is Elevated to a Felony

Charges begin at a Class A misdemeanor level, with penalties including up to a year behind bars. They are elevated to a Class 4 felony if any of the following factors are present:

• The offender exposes themselves to the child
• The offender entices the child to remove their clothing
• The victim is under age 13
• The offender has a previous sexual exploitation record
• The crime occurs within 500 feet of a school

Penalties for a Class 4 felony in Illinois include up to three years in prison.

Committing a Child Pornography Crime in Illinois

Children aren’t just exploited through sex slavery or prostitution. With the cloak of anonymity that the Internet seems to provide, child pornography is another target of Illinois law enforcement.

Simply possessing child pornography is a Class 3 felony. Much like drug crimes, the distribution or manufacturing of child pornography comes with more severe charges and penalties. These crimes are usually Class 1 felonies.

Illinois Child Sexual Abuse and Assault Laws

Child sexual abuse is always a felony crime in Illinois unless the offender is charged with criminal sexual conduct and is a minor themselves. (Offenders who are less than five years older than the victim may also see reduced charges.)

Considerations During the Penalty Phase

The extent of the penalties may vary depending on a few factors:

• The age of the victim
• Whether penetration was involved in sexual abuse
• Relationship between the victim and offender
• Use or threat of a firearm or deadly weapon during the crime
• Delivery of controlled substances to the victim
• Offender’s criminal history

Elements of Violence Can End in Life Imprisonment

Some of the more violent crimes, including aggravated criminal sexual assault, could result in up to 60 years in prison. If the offender has a history of sexual assault crimes on their record, they could be put behind bars for life.

Statute of Limitations for Sex Crimes Against Children In Illinois

Most crimes in Illinois have a statute of limitations. This means charges must be pressed against you within a certain period of time. It’s different for sex crimes against a child.

Unfortunately, many child sex crimes don’t surface for years — sometimes decades. Children may not be able to process the crime or may feel afraid to come forward against an abuser. So victims of child sex crimes don’t have a statute of limitations…at all. If you have been — or think you may be — charged, reach out to an experienced Illinois sex crimes lawyer for advice.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.