Can You Be Denied Bail for Possession of Child Pornography?

 Posted on December 13, 2024 in Child Pornography

Several months ago, two DuPage County men were charged with multiple counts of possession and distribution of child pornography. The 38-year-old man and the 26-year-old man were arrested after separate investigations.

Police allegedly found child pornography on multiple electronic devices belonging to the older man. The younger man was on probation for a prior child pornography conviction when a search warrant of his phone allegedly revealed hundreds of child pornography images and videos.

Both men were denied pre-trial release. A conviction for possession of child pornography is a serious offense in the state of Illinois, with serious penalties. If you are facing similar charges, it is important that you speak to an experienced Wheaton, IL criminal defense attorney.  

What Is Possession of Child Pornography Charges in Illinois?

A person can be charged with possession of child pornography when he or she possesses, makes, or distributes material containing sexual contact between or with children under the age of 18. Under Illinois law, child pornography includes any of the following materials depicting minors engaged in sexual acts or displaying their genitals: videotapes, films, photos, and social media content.

Most child pornography cases today involve some sort of technology. The offense may be charged with a misdemeanor or felony, depending on the age of the victim or victims and the precise nature of the criminal offense. Aggravated possession of child pornography could be charged when the victims are younger than 13.  

What Might a Judge Consider When Determining Pre-Trial Release?

Sexual offenses involving children are considered among the most serious criminal offenses. Possession of child pornography is considered a sex crime against children, even if the defendant never actually touched a child. This is because for child pornography materials to exist, a child has been sexually abused.  

Being released on bond or bail is determined on a case-by-case basis. The nature of the crime and whether the alleged offender is a danger to others is a key consideration. Other considerations include:

• Prior criminal record
• Prior court hearing appearances
• Community and family ties
• Whether the defendant is employed
• The current financial situation of the defendant
• Whether the defendant has a history of violence or danger to the community
• The defendant’s mental health

Defendants accused of committing sex crimes against children are more likely to be held with no bond than other defendants.

What Are the Penalties for Possession of Child Pornography?

In the state of Illinois, all child pornography cases are charged as felonies. The least serious of these would be a Class 3 felony for possession of child pornography, which would result in three to five years in prison upon conviction. Production or distribution of child pornography can lead to Class 1 or Class X felony charges. A Class 1 felony conviction can result in four to 15 years in prison, while a Class X felony conviction can result in six to 30 years in prison.

Some child pornography can be no probation offenses. A conviction for possession of child pornography can result in the offender being required to register as a sex offender for a minimum of 10 years. All these penalties can substantially affect a person’s future, making it difficult for him or her to obtain employment, attend college on a government loan, or even rent a home.  

Contact a DuPage County, IL Defense Lawyer

If you are facing serious criminal charges, speaking to a Wheaton, IL child pornography attorney can be beneficial. When you choose Stephen A. Brundage, you will have an attorney with a LEO background as an investigator, instructor, evidence technician, and police officer, along with a 30-year career as a criminal defense attorney. Together, these provide key advantages to clients. Call 630-260-9647 to schedule a free consultation.