For example, in People v. Hubbell, the defendant sent a photo of his bare buttocks to a 16-year-old child with the message, “Now it’s your turn LOL,” and that he would like to “get with” her. He also asked her to keep the message secret. The defendant argued that he was only soliciting a picture of her buttocks which are not sex organs, and thus, the evidence was not sufficient to convict him. The court disagreed.

Under 720 ILCS 5/11-25, grooming is defined as trying to use or using an on-line, internet or local bulletin board service or any other device with electronic data storage or transmission to solicit, lure or entice a child or their guardian into committing any unlawful sexual conduct including distributing photographs depicting the child’s sex organs.

The court reasoned that the grooming statute contemplates a broad set of circumstances. Grooming is viewed as a way to facilitate the sexual abuse of children. An abuser’s conduct intends to “foster trust and remove defenses over time through a pattern of seduction and preparation, resulting in the child being willing and compliant to the defendant’s sexual abuse.” A judge or jury could properly find that “sending an inappropriate photo of something other than a sex organ was, if not a direct solicitation for a photograph of the child’s sex organs, at least a first step in a process that the defendant hoped would lead the child to send a photograph of his or her sex organs.”

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. An experienced attorney can probe for weaknesses in the state’s case. Can the state prove you were the person soliciting? If so, can your statements be understood as “soliciting, luring or enticing” the child. Was the conduct you allegedly solicited truly sexual? Even if the evidence is overwhelming against you, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post WHAT IS THE OFFENSE OF GROOMING IN ILLINOIS? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

The act of using an electronic transmission device such as the internet to induce the trust of a child under age 17 for sexual purposes is known as “grooming.” Grooming is a Class 4 felony, punishable by 1 to 4 years in prison.

Under Illinois law, a person commits grooming when he or she knowingly attempts to use or uses an on-line, internet or local bulletin board service or any other device with electronic data storage or transmission to solicit, lure or entice a child or their guardian into committing any unlawful sexual conduct.

According to People v Vara, “In the context of sex abuse of a child, grooming is commonly understood as a method of building trust with a child or an adult around the child in an effort to gain access to the child, make the child a cooperative participant in the abuse, and reduce the chance that the abuse is detected or disclosed.”

If you are charged with grooming or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review the options for your best possible defense. As with most other crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. Can the state prove that you sent the electronic messages? Did the police have probable cause to search you or your computer? Even if the evidence against you is overwhelming and the police acted lawfully, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See: Illinois Grooming Statute.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post THE CRIME OF GROOMING IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.