§ 720 ILCS 5/11-20.1. Child pornography
(a) A person commits the offense of child pornography
who:
(1) films, videotapes, photographs, or otherwise depicts or portrays by means
of any similar visual medium or reproduction or depicts by computer any child
whom he knows or reasonably should know to be under the age of 18 or any
severely or profoundly mentally retarded person where such child or severely
or profoundly mentally retarded person is:
(i) actually or by simulation engaged in any act of sexual penetration or
sexual conduct with any person or animal; or
(ii) actually or by simulation engaged in any act of sexual penetration or
sexual conduct involving the sex organs of the child or severely or profoundly
mentally retarded person and the mouth, anus, or sex organs of another person
or animal; or which involves the mouth, anus or sex organs of the child or
severely or profoundly mentally retarded person and the sex organs of another
person or animal; or
(iii) actually or by simulation engaged in any act of masturbation; or
(iv) actually or by simulation portrayed as being the object of, or
otherwise engaged in, any act of lewd fondling, touching, or caressing
involving another person or animal; or
(v) actually or by simulation engaged in any act of excretion or urination
within a sexual context; or
(vi) actually or by simulation portrayed or depicted as bound, fettered, or
subject to sadistic, masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture or setting involving a
lewd exhibition of the unclothed genitals, pubic area, buttocks, or, if such
person is female, a fully or partially developed breast of the child or other
person; or
(2) with the knowledge of the nature or content thereof, reproduces,
disseminates, offers to disseminate, exhibits or possesses with intent to
disseminate any film, videotape, photograph or other similar visual
reproduction or depiction by computer of any child or severely or profoundly
mentally retarded person whom the person knows or reasonably should know to be
under the age of 18 or to be a severely or profoundly mentally retarded
person, engaged in any activity described in subparagraphs (i) through (vii)
of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme thereof, produces any stage
play, live performance, film, videotape or other similar visual portrayal or
depiction by computer which includes a child whom the person knows or
reasonably should know to be under the age of 18 or a severely or profoundly
mentally retarded person engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or coerces any child whom he
knows or reasonably should know to be under the age of 18 or a severely or
profoundly mentally retarded person to appear in any stage play, live
presentation, film, videotape, photograph or other similar visual reproduction
or depiction by computer in which the child or severely or profoundly mentally
retarded person is or will be depicted, actually or by simulation, in any act,
pose or setting described in subparagraphs (i) through (vii) of paragraph (1)
of this subsection; or
(5) is a parent, step-parent, legal guardian or other person having care or
custody of a child whom the person knows or reasonably should know to be under
the age of 18 or a severely or profoundly mentally retarded person and who
knowingly permits, induces, promotes, or arranges for such child or severely
or profoundly mentally retarded person to appear in any stage play, live
performance, film, videotape, photograph or other similar visual presentation,
portrayal or simulation or depiction by computer of any act or activity
described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content thereof, possesses any film,
videotape, photograph or other similar visual reproduction or depiction by
computer of any child or severely or profoundly mentally retarded person whom
the person knows or reasonably should know to be under the age of 18 or to be
a severely or profoundly mentally retarded person, engaged in any activity
described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(7) solicits, uses, persuades, induces, entices, or coerces a person to
provide a child under the age of 18 or a severely or profoundly mentally
retarded person to appear in any videotape, photograph, film, stage play, live
presentation, or other similar visual reproduction or depiction by computer in
which the child or a severely or profoundly mentally retarded person will be
depicted, actually or by simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this subsection.
(b)(1) It shall be an affirmative defense to a charge of child
pornography that the defendant reasonably believed, under all of the
circumstances, that the child was 18 years of age or older or that the person
was not a severely or profoundly mentally retarded person but only where,
prior to the act or acts giving rise to a prosecution under this Section, he
took some affirmative action or made a bonafide inquiry designed to ascertain
whether the child was 18 years of age or older or that the person was not a
severely or profoundly mentally retarded person and his reliance upon the
information so obtained was clearly reasonable.
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