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How Is Child Pornography Defined? Is It A State Law Or A Federal Law?


There are both state and federal laws relating to child pornography. Child pornography is generally defined as any type of photo or video depicting the sex acts of individuals under the age of 18.

What Types Of Child Pornography Cases Do You Typically See?

I’ve seen and represented people charged in almost every type of child pornography case. Our firm has successfully defended individuals charged with simple possession of child pornography, distribution, or manufacturing child pornography.

What Is The Difference Between A Child Pornography Case Being Charged At The State Vs. The Federal Level?

There are a few factors that are involved in whether a child pornography case would be charged at the state level or the federal level. If a federal agency is investigating the case, they will charge the case as a federal offense. If a state agency is investigating the case, most of the time it will be charged as a state case. It’s not required to happen that way, however, and I’ve had many cases where it was a federal agency that investigated the case, but they decided to charge it as a state case. I’ve also seen instances where state and local law enforcement investigated the case and it ended up being charged as a federal crime. Federal offenses will generally carry more severe sentencing then state cases.

What Type Of Evidence Is Required To Make An Arrest In A Child Pornography Case?

In the electronic age, almost child pornography cases deal with electronic media. Most of the evidence that we see is in electronic form and found on computers. We generally see pornography cases where it’s alleged that videos and images have been traded and sold in chat rooms, peer to peer networks, and through other electronic means.

What Defenses Are Available In A Child Pornography Case? Is Not Having Knowledge a Viable Defense?

There are a variety of defenses available in a child pornography case, including that you accidentally clicked on something, a virus-infected your computer, and this image was projected onto your screen. The victim’s age could also be a defense. If the individual portrayed in the video or image actually is over the age of 18, that is a very viable defense.

For more information on Child Pornography Charges In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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