Child pornography is a form of child sexual exploitation. Images of child pornography are also referred to as child sexual abuse images. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (person under the age of 18). Visual depictions include photographs, videos, digital or computer-generated images indistinguishable from an actual minor, and images created, adapted, or modified that appear to depict an actual, identifiable minor. Undeveloped film, undeveloped videotape, and electronically-stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law. The legal definition of explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. And the age of consent for sexual activity in a given state is irrelevant under federal law—any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, importation, reception (receipt), or possession of any image of child pornography. A violation of federal child pornography laws is a serious crime, and convicted offenders face fines and severe statutory penalties. For example, a first-time offender convicted of producing child pornography under 18 U.S.C. §2251 faces fines and a statutory minimum of 15 years to 30 years in prison. A first-time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. §2252 faces fines and a statutory minimum of 5 years to 20 years in prison. And convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations—defined as (1) the images are violent, sadistic, or masochistic in nature; (2) the minor was sexually abused; or (3) the offender has prior convictions for child sexual exploitation.
Federal jurisdiction (the federal government’s authority to prosecute) is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the United States Postal Service (USPS) or common carriers to transport child pornography across state or international borders. And federal jurisdiction almost always applies when the internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials—such as the computer used to download the image or the CD-ROM used to store the image—originated or previously traveled in interstate or foreign commerce.
States also have criminal laws (located in the penal or criminal code or statutes) that prohibit the possession, creation, accessing, distribution, importation, promotion, or use of child pornography. An offender may be prosecuted under state child pornography laws in addition to a federal prosecution, or instead of a federal prosecution.
In Illinois, child pornography is strictly prohibited and is considered a form of child sexual exploitation. Under both federal law and Illinois state statutes, it is illegal to produce, distribute, possess, or receive any visual depiction of sexually explicit conduct involving a minor, which is defined as a person under the age of 18. This includes photographs, videos, digital images, and any data that can be converted into a visual image of child pornography. The legal definition of sexually explicit conduct does not necessitate that the image show a child in sexual activity; even a sexually suggestive image of a naked child may be illegal. Federal law imposes severe penalties for violations, with minimum mandatory sentences ranging from 5 to 30 years in prison, depending on the nature of the offense. Federal jurisdiction is invoked when child pornography involves interstate or foreign commerce, which can include the use of the internet or transportation across state or international borders. In Illinois, state laws complement federal legislation, and offenders can be prosecuted under state law, federal law, or both. The state's criminal code outlines penalties for various child pornography offenses, which can include imprisonment, fines, and registration as a sex offender.
