Chicago Pornography Defense Attorney
Criminal Defense Lawyer for Obscenity and Revenge Pornography Charges in Chicago, IL
In the United States, many forms of pornography are legal. Depictions of adults engaging in sexual activities are often created, distributed online, and sold through a variety of outlets. However, there are some forms of pornography that are illegal, and possessing or distributing them can result in criminal charges. Those who are charged with these offenses may face fear and uncertainty about the potential consequences they may face.
If you have been charged with a crime related to pornography, you will need to understand what steps you can take to defend against a conviction. At Komie and Associates, we are dedicated to providing compassionate legal guidance for people who have been charged with crimes. We are ready to represent you during your case and help you navigate this challenging experience.
Types of Pornography Offenses in Illinois
Criminal charges related to pornography may include:
- Child Pornography: A person who is accused of possessing images, videos, or other materials that depict a minor engaging in sexual conduct may face Class 3 or Class 2 felony charges. Creating child pornography by photographing or filming minors or distributing child pornography to others is a more serious offense, and it may lead to Class 1 or Class X felony charges.
- Obscenity: This offense involves the production, distribution, or sale of materials that are considered to be obscene because they depict acts that are shocking or depraved and have no artistic or scientific value. Obscenity can be charged as a class A misdemeanor, and a second or subsequent offense may be charged as a class 4 felony.
- Distributing pornography to minors: A person who sells, disseminates, or otherwise distributes pornography or other sexual materials to children under the age of 18 may be charged with a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
- Revenge pornography: The "nonconsensual dissemination of private sexual images" may involve sharing intimate pictures or videos that a person expected to remain private. Sharing materials without the consent of the person depicted may result in Class 4 felony charges.
Legal Consequences of Pornography Convictions in Illinois
The potential repercussions of a criminal conviction related to pornography in Illinois can be severe. Penalties may include:
- Prison sentence: A Class A misdemeanor carries a sentence of up to one year in jail, while a felony offense will typically result in a prison sentence of at least one year. For more serious offenses, such as child pornography, sentences can range from several years to decades behind bars.
- Fines - You may be required to pay thousands or tens of thousands of dollars in fines. Child pornography offenses may carry a maximum fine of $100,000.
- Sex offender registration - People convicted of certain pornography offenses, including child pornography, will be required to register as sex offenders. This can have lifelong effects on a person's life, restricting their job opportunities and housing options.
- Social stigma - The consequences of a criminal conviction related to pornography often extend beyond the legal penalties. A person's reputation will be damaged, and their personal relationships and other areas of their life may be affected.
Building a Strong Defense Against Pornography Charges
If you have been charged with an offense related to pornography, it is critical to work with an attorney who can help you build a strong defense. Here are some strategies that may be used in these cases:
- Challenging the evidence - Examining the legality of the evidence obtained during a criminal investigation can be crucial. If police officers violated your rights when performing searches or seizures, the evidence obtained may be dismissed.
- Proving lack of knowledge or intent - If it can be demonstrated that you did not knowingly possess or distribute illegal material, this may weaken the prosecution's case.
- Mental health considerations - In cases involving exploitation or certain types of pornography, mental health factors can be relevant, and they may influence sentencing or plea negotiations. Demonstrating a history of mental health issues may help you secure a more lenient outcome.
- Negotiating plea deals - Our skilled attorneys can negotiate with prosecutors to potentially secure a plea deal that reduces charges or mitigates penalties. With our experience defending clients against multiple types of criminal charges, we can work to achieve the best possible outcome to your case.
Contact Our Chicago, Illinois Pornography Crimes Lawyers
In Illinois, pornography offenses can have serious legal implications that may impact your life for years to come. If you are facing these types of charges, Komie and Associates can provide you with effective legal representation. We will work to ensure that your rights are protected throughout your case, and we will fight to help you prevent a criminal conviction. Contact our office at 312-263-2800 for a free consultation today.