Under Illinois law, you may not photograph, film or depict any minor child in a pose involving a lewd exhibition of the child’s unclothed or transparently clothed private parts. You also may not possess such depictions of a child you know is under age 18.

But how do you know if the photo you have is pornography? A recent Illinois case reviewed that topic.

In People v. Van Syckle, the court used an objective standard in weighing the following six factors: 1) whether the focal point of the visual depiction is on the child’s genitals; (2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; (3) whether the child, considering its age, is depicted in an unnatural pose or in inappropriate attire; (4) whether the child is fully or partially clothed or nude; (5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; and (6) whether the visual depiction is intended or designed to elicit a sexual response in the viewer. As to the sixth factor, the court looks at whether the image invites the viewer to perceive the image from some sexualized or deviant point of view.

In the above case, the defendant was a high school pool equipment manager who secretly videotaped a 14-year-old student as she was changing out of her swimsuit. The lower court dismissed the case finding that the images did not meet the definition of lewd. However, the appellate court said this issue needed to be reconsidered and sent the case back for further review.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did the police search your computer and was that search legal? Can the state prove all the elements of your offense beyond a reasonable doubt? Whether a photo is seen as pornographic can depend somewhat on your particular judge or jury. Even if the evidence is clear, an attorney, who is respected in the court house 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.)

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