How To Fight a Child Pornography Charge in Illinois

 Posted on July 24, 2025 in Sex Crimes

Facing a child pornography charge in Illinois can be devastating. A conviction can lead to severe legal penalties, permanent damage to your reputation, and lifelong consequences. These cases are often complex, involving forensic evidence, digital records, and constitutional rights. If you are under investigation or have been charged, you should act quickly and seek out an experienced Chicago, IL child pornography defense attorney as soon as possible.

How Severe Is a Child Pornography Charge in Illinois?

Under 720 ILCS 5/11-20.1, it is a felony to control, possess, or access any visual depiction of sexual activity involving a child. Illinois law takes an aggressive approach to these offenses, especially if the material involves multiple images or victims under 13 years old. Charges can be filed even if the material was downloaded automatically or accessed briefly online.

Even a first-time offense can be charged as a Class X felony, depending on the content and number of files. This classification carries a mandatory prison sentence and other lifelong consequences. Law enforcement also aggressively pursues people suspected of sharing or distributing child pornography through file-sharing platforms, messaging apps, and social media.

What Are the Penalties for Child Pornography in Illinois?

Being convicted of possession of child pornography can result in as much as 30 years in prison for every image when charged as a Class X felony. For smaller quantities, prosecutors may seek a lesser Class 2 or Class 1 felony. However, those can lead to years in prison as well. In addition to incarceration, convicted individuals face steep fines, probation, and mandatory sex offender registration.

Distribution is treated even more seriously. Under 720 ILCS 5/11-20.2, sharing or transmitting child pornography can result in multiple felony counts, each with long prison terms. Producing content involving minors is addressed in Section 11-20.3 and carries some of the harshest penalties under Illinois law.

Possible Defenses for Challenging a Child Pornography Charge in Illinois

The best defense will depend on the details of your case. However, some common strategies include:

• Illegal search and seizure: If police search your home, computer, or phone without a valid warrant, any evidence they find may be thrown out.

• Lack of knowledge or intent: Prosecutors must prove you knowingly possessed or viewed illegal content. If files were downloaded without your knowledge, or if others had access to your device, that could raise reasonable doubt.

• Mistaken identity or device access: Shared computers or Wi-Fi networks can result in false accusations. An expert can often trace when and how files were downloaded to show you were not responsible.

• Improper handling of evidence: If investigators fail to follow proper procedures when collecting and storing digital evidence, it may not be admissible in court.

Schedule Your Free Consultation With a Chicago, IL Child Pornography Defense Attorney

If you are facing a child pornography charge or are currently under investigation, you need someone ready to fight for you. At Law Offices of James F. DiQuattro, Attorney James F. DiQuattro is an accomplished trial lawyer who represents people charged with serious state and federal crimes. With over a decade of experience, he has successfully handled cases ranging from misdemeanor offenses to high-stakes felonies, including violent crimes and sex crimes. 

Known for being aggressive, dedicated, and strategic, Attorney DiQuattro goes the extra mile for his clients. Do not wait to get the defense you deserve. Contact a Cook County, IL child pornography defense lawyer to schedule your free consultation today.