Does Child Pornography in Unallocated Space Qualify as Possession?

June 26, 2018
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There is a developing area of case law surrounding child pornography cases. In the past few years, several possession of child pornography cases have turned on the “unallocated space” of computer hard drives, making this an important area of evidentiary concern. The following sections will provide an overview of the relationship between child pornography and […]

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Possession of Child Pornography in Illinois

May 29, 2018

The crime of possession of child pornography is a serious offense in Illinois. Given the public policy of protecting children and other vulnerable individuals, Illinois has developed a robust mechanism for addressing child pornography crimes. While there are many variations of this crime, such as this blog post will focus on possession of child pornography. […]

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Challenging a Search Warrant in a Child Pornography Case

May 1, 2018
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The Illinois approach to child pornography appears in 720 ILCS 5/11-20.1. According to the statute, child pornography is a sexually explicit “visual reproduction or depiction” involving children under 18 years old or the mentally disabled. It is illegal to knowingly create, possess, or disseminate child pornography in Illinois. If the alleged offender knows or has […]

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Dissemination of Child Pornography in Illinois

April 24, 2018
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Illinois imposes strict penalties for child pornography crimes. The penalties range from probationable felonies to non-probationable Class X felonies with consecutive sentencing. Illinois employs a broad definition of child pornography, including traditional and electronic media. Specifically, the law mentions film, tape, and photograph as well as other visual depictions in electronic format. In order to […]

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What is Criminal Drug Trafficking in Illinois?

January 15, 2018
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Criminal drug trafficking in Illinois is a serious offense. There are a few types of criminal drug trafficking. 720 ILCS 550/5.1 outlines Cannabis Trafficking pursuant to the Cannabis Control Act while 720 ILCS 570/401.1 focuses on criminal drug trafficking pursuant to the Controlled Substances Act. Drug trafficking also applies to possession of a controlled substance […]

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What is Legality of Police Dog Sniffs During Traffic Stops in Illinois?

January 15, 2018
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In popular culture, there are countless representations of police dogs sniffs that lead to the discovery of illegal drugs, bombs, or other contraband. The police dogs are almost always portrayed as heroes in these storylines, helping the good buys fight back against the bad guys. There is rarely any exploration of rights and duties involved […]

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Penalties for Predatory Criminal Sexual Assault in Illinois

January 15, 2018
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NOTE: The following materials received an update to account for changes to Illinois law after the passage of Public Act 101-130. After this Act took effect on January 1, 2020, Illinois removed the statute of limitations for the prosecution of sexual assault crimes. Illinois law under 720 ILCS 5/11-1.40 defines predatory criminal sexual assault and […]

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The Changing Landscape of Retail Theft Crimes in Cook County

January 15, 2018
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NOTE: This page reflects new information to illustrate the impact of Public Act 101-394. This Act took effect on January 1, 2020, and removed the ability to seal criminal records related to theft crimes committed against elderly adults or disabled individuals. In December of 2016, recently elected Cook County State’s Attorney Kim Foxx made an […]

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What is the Cannabis Law in Illinois?

March 17, 2016
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NOTE: The information below was modified to clarify the effect of the Cannabis Regulation and Tax Act. After this Act became Illinois law on January 1, 2020, cannabis became legal for recreational possession and use, which also impacted various criminal offenses related to cannabis. Cannabis was formerly illegal to possess or use in the state […]

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Overview: Expunging Your Criminal Record in Illinois

February 27, 2016
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NOTE: This article was refreshed to account for Public Act 102-933, which became part of Illinois law on January 1, 2023. Since that date, Illinois modified the Criminal Identification Act to enable a person to request expungement, even after testing positive for cannabis. Expungement is the process where a criminal court disposition is removed from […]

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