Illinois Artificial Intelligence Bill Connected to Dissemination of Child Pornography

 Posted on June 22, 2024 in Sex Crimes

An Illinois bill that recently cleared the General Assembly could influence state law regarding the crime of Dissemination of Child Pornography. House Bill 4623 would outlaw the creation and sharing of child pornography made using artificial intelligence, ban the distribution of AI-generated sexual images without consent, and expand current child pornography laws to cover AI-generated child pornography. Identifying child pornography has been made more difficult by the rapid increase of AI.  

Illinois has severe penalties for crimes related to child pornography. This new AI law broadens the state’s already broad definition of child pornography. Those arrested on charges of Dissemination of Child Pornography must be aware that this charge has stricter penalties than simple possession of child pornography. It is essential to speak to a skilled Illinois sex crime defense attorney as quickly as possible. An attorney from Komie and Associates will vigorously defend charges of Dissemination of Child Pornography.  

What Is the Dissemination of Child Pornography?

A visual depiction must feature a child under the age of 18 (or a person with a severe mental disability) and be sexually explicit to qualify as child pornography. The word “dissemination” means to “spread something.” There are currently two versions of dissemination under Illinois law.

Dissemination can refer to the distribution, sale, or exchange of child pornography. It can also refer to electronic distribution, including uploads and downloads. Illinois law 720 ILCS 5/11-20.1(f)(1) is especially harsh when the items disseminated are moving depictions. The dissemination, attempted dissemination, display, or reproduction of child pornography is a crime.

Illinois law also states that the intent to disseminate is illegal – and that intent can be inferred when an individual possesses multiple copies of the same material. The prosecutor must prove intent based on evidence gathered from the defendant’s home, business, or computers.   

What Are the Penalties for Dissemination of Child Pornography?

Potential penalties for a conviction of Dissemination of Child Pornography fall into two categories and are found at 720 ILCS 5/11-20.1(c). If the charges involve a moving depiction, including film or videotape, then dissemination is a Class X felony. If convicted, the punishment ranges from six to 30 years in prison and fines between $1,000 and $100,000. All other dissemination offenses are charged as Class 1 felonies. If convicted, the punishment is four to 15 years in prison and fines between $1,000 and $100,000. There are sentencing enhancements for serial offenders or for violent depictions.  

What Defenses Are Available for Charges of Dissemination of Child Pornography?

When accused of Dissemination of Child Pornography, an experienced attorney will base the defense on the specific facts surrounding the charges. Some of the more common defenses for this crime include:

• The pornographic materials belong to someone else. If found on a computer, the materials may have been downloaded by another person with access to the computer.  

• The content does not meet the definition of child pornography. Some drawings or films have been judged to have a legitimate educational or scientific purpose.   

• There was no intent—perhaps a pornographic website was accidentally accessed, or a link sent by another person was inadvertently clicked on.   

• The individuals depicted in the materials were over 18—or the defendant had a reasonable belief that they were adults.

• The search and seizure by the police was illegal.  

Contact a Cook County, IL Sex Crime Defense Attorney

Sex offenses are among the most serious crimes you can be charged with. Along with severe penalties and punishments, there is a social stigma surrounding sex crime offenses. An accusation of a sex crime – even if you are proven innocent of the crime – can have long-term effects on your life. Following sex crime charges, including those involving AI depictions, you need an aggressive Chicago, IL sex crime defense attorney advocating for your rights and your future. Call Komie and Associates at 312-263-2800 for a free consultation during which you can discuss your charges and have your questions answered.