Imagine ending a relationship with a partner, only to find that in the aftermath of the breakup they’ve begun posting private sexual images of you online. Acts like this, often known as “revenge porn”, have increased in frequency in today’s society.
Not only that, but the recent explosion of artificial intelligence (AI) technologies have also raised concern over AI’s ability to generate images that simulate child pornography.
To address these growing national trends, new pornography laws in Illinois have been enacted to prohibit the abuse of AI technologies to create harmful sexual content, and to curb the non-consensual spread of private sexual images.
Today, we’ll examine these recent Illinois pornography law changes and their impact on the public.
Current Illinois Adult Content Regulations
In Illinois, much of the current laws around pornography are aimed at protecting minors from being exposed or exploited by participating in material that is considered obscene. But what is considered obscene?
Historically, the Miller Test, established by the Supreme Court, has been used to qualify obscenity. The Miller Test bases obscenity on 3 characteristics:
- Whether the average person would find the material to be “prurient” or excessively sexual in nature
- Whether the material is “patently offensive”
- Whether the material lacks serious artistic, political or scientific value
If material meets the Miller Test, and features a child under the age of 18, it qualifies as child pornography.
The Illinois Compiled Statutes (720 ILCS 5/11-20.1) defines child pornography as any photograph, film, video, live performance, or other depiction that shows a minor (a person under the age of 18) engaging in or being subjected to any act of sexual penetration or sexual conduct, including but are not limited to, actual or simulated sexual intercourse, bestiality, masturbation, sado-masochistic abuse, and lewd exhibition of the genitals. This definition also extends to depictions of persons with a severe intellectual disability subjected to such acts.
The current Illinois adult content regulations also govern the possession and propagation of child pornography.
Persons can face felony child pornography charges for possessing these types of images and videos, as well as for distributing them.
If the images or video involves children under the age of 13, the charge can be escalated to aggravated child pornography, which only increases the severity of the charges.
However, the rise of artificial intelligence raises the question of whether AI generated pornographic content featuring children constitutes child pornography, even if the children depicted are not real.
That is one of the primary questions that new pornography laws in Illinois seek to answer.
New Child Pornography Legal Changes in Illinois
In August of 2024, Illinois Governor JB Pritzker signed HB4623 (Public Act 103-0562) into law, closing a potential loophole in adult content legal restrictions around child pornography.
HB4623 amends the Criminal Code of 2012 to specifically address computer generated AI images of child pornography. This new pornography law in Illinois specifically modifies language around an “obscene depiction” to include:
This new measure effectively criminalizes the use of AI technologies to create child pornography, whether that involves real images of children or digital representations of a purported child.
Illinois Pornography Law Changes Include New Sexting Laws in Illinois
The introduction of HB4623 also expands existing laws to cover non-consensual dissemination of private sexual images. These new “sexting laws” in Illinois are meant to prevent the spread of sexual images without the consent of the subject.
It is important to note that “sexting”, the sharing of sexual images and content through text messages or other electronic means, is not itself against the law.
However when private sexual images are distributed without consent of the subject, sexting becomes a crime sometimes referred to as “revenge porn”. HB4623 adds new provisions to criminalize the intentional dissemination of private sexual images without the subject’s consent.
The new laws also make it a crime to engage in sexting activities with a minor. Because minors are not legally able to consent to sexual activity, even minors themselves are not permitted to send sexual images of themselves to others, even if the recipient is a minor.
These new adult content legal restrictions also extend to cover the misuse of AI technologies to create fake pornographic images of real people, known as “deep fakes”. Deep fakes often use AI or other technologies to digitally place an unwilling person’s face onto the body of another individual engaged in sexual activities.
Penalties for Violating New Pornography Laws in Illinois
Each of these new pornography laws in Illinois carry severe penalties for violators.
Whether real or AI generated, dissemination of video based child pornography is a Class X felony in Illinois. This can carry a penalty of 6-30 years in prison. If the material consists of non-moving images (photos), the crime is a Class 1 felony, punishable with 4-15 years in prison.
Simply possessing photographic child pornography (without dissemination) is a Class 3 felony, punishable with 2-5 years in prison, while possession of video based child pornography is a Class 2 felony, with a potential sentence of 3-7 years in prison.
Child pornography involving children under the age of 13 is considered aggravated child pornography, a Class X felony with even harsher penalties.
For those found guilty of disseminating non-consensual sexual images, they face a Class 4 felony which is punishable with 1-3 years in prison.
In each of these cases, significant fines ranging from $1,000 to $100,000 can be administered, based on the specific charges
Possible Defenses Against Violations of New Pornography Laws in Illinois
While violations of these new pornography laws in Illinois are serious, it’s important to remember that every accused individual has the right to a fair trial.
If you have been accused of possession or dissemination of child pornography, you may be able to raise a defense based on lack of intent.
For example, you can argue that the materials in question were obtained unknowingly, or that the individuals in the materials were thought to be 18 or older.
Similarly, if there were violations of your constitutional rights in obtaining the evidence, you may have a case for illegal search and seizure. Entrapment by law enforcement officers can be argued in some cases.
In cases involving non-consensual dissemination of sexual materials, lack of intent can also be argued. If the images were shared by someone else, a defense of mistaken identity can be argued.
Regardless of the case specifics, anyone facing such charges should seek the help of a qualified legal professional immediately.
Conclusion
Recent Illinois pornography law changes enhance protection against the creation and spread of AI generated images of child pornography and private sexual images spread without consent of the subject.
Anyone accused of such crimes should seek professional legal guidance immediately.
At Criminal Lawyer Illinois, we are committed to providing our clients with the highest quality legal representation and defense against charges of possession or dissemination of child pornography, and related offenses.
With over 17 years of experience in Illinois criminal law, our principal attorney Sami Azhari has the skill to help you create a strong defense against these charges.
Contact Sami Azhari at Criminal Lawyer Illinois today for a consultation on your case. We are dedicated to helping our clients understand their case, and will help with a vigorous defense on your day in court. Contact Criminal Lawyer Illinois today.