Sec. 11-20.4. Obscene depiction of a purported child.
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Sec. 11-20.4. Obscene depiction of a purported child.
(a)In this Section:
"Indistinguishable" means that the visual representation is such that an ordinary person
viewing the visual representation would conclude that the visual representation is of an actual child.
"Obscene depiction" means a visual representation of any kind, including an image,
video, or computer-generated image or video, whether made, produced, or altered by electronic, mechanical, or other means, that:
(i)the average person, applying contemporary adult community standards, would find
that, taken as a whole, it appeals to the prurient interest;
(ii)the average person, applying contemporary adult community standards, would find
that it depicts or describes, in a patently offensive way, sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions, or lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks or, if such person is a female, the fully or partially developed breast of the child or other person; and
(iii)taken as a whole, it lacks serious literary, artistic, political, or
scientific value.
"Purported child" means a visual representation that depicts an individual
indistinguishable from an actual child under the age of 18 but may or may not depict an actual child under the age of 18.
(b)A person commits obscene depiction of a purported child when, with knowledge of the nature or content thereof, the person:
(1)receives, obtains, or accesses in any way with the intent to view, any obscene
depiction of a purported child; or
(2)reproduces, disseminates, offers to disseminate, exhibits, or possesses with intent
to disseminate, any obscene depiction of a purported child.
(c)A violation of paragraph
(1)of subsection
(b)is a Class 3 felony, and a second or subsequent offense is a Class 2 felony. A violation of paragraph
(2)of subsection
(b)is a Class 1 felony, and a second or subsequent offense is a Class X felony.
(d)If the purported child depicted is indistinguishable from an actual child under the age of 13, a violation of paragraph
(1)of subsection
(b)is a Class 2 felony, and a second or subsequent offense is a Class 1 felony. If the purported child depicted is indistinguishable from an actual child under the age of 13, a violation of paragraph
(2)of subsection
(b)is a Class X felony, and a second or subsequent offense is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years.
(e)Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(1)an interactive computer service, as defined in 47 U.S.C. 230(f)(2);
(2)a provider of public mobile services or private radio services, as defined in
Section 13-214 of the Public Utilities Act; or
(3)a telecommunications network or broadband provider.
(f)A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.