CRIM CD-CHILD PORNOGRAPHY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3192

Introduced 2/2/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-20.1

Amends the Criminal Code of 2012 concerning child sexual abuse
material. Provides that if the creator of the images or materials is a
minor and the sole subject of the depiction, the minor is not subject to
criminal penalties under the statute. Deletes provision that the charge of
child sexual abuse material does not apply to the creator of a film, video,
photograph, or other similar visual image or depiction in which the
creator is the sole subject of the film, video, photograph, or other
similar visual image or depiction. Effective immediately.
LRB104 19191 RLC 32636 b

A BILL FOR

SB3192
LRB104 19191 RLC 32636 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 11-20.1 as follows:

6

(720 ILCS 5/11-20.1)
7

Sec. 11-20.1.
Child sexual abuse material.
8

(a) Recognizing the enormous negative societal impact that
9
sexually explicit visual depictions of children engaged in
10
sexual abuse activities have on the children who are abused,
11
and the overarching broader impact these materials and imagery
12
have at various levels to the public, especially when this
13
material is disseminated, we are changing all references in
14
Illinois statutes from "child pornography" to "child sexual
15
abuse material". It is important that the statutes of the
16
State of Illinois reflect the content and realities of these
17
materials as the sexual abuse and exploitation of children.
18
The word "pornography" implied legality involving "consent" of
19
which this imagery is not, as children can never "consent" to
20
sexual abuse and sexual exploitation. This name change is not
21
a change in meaning, definitions, statutes or application of
22
the laws of this State and all previous references to "child
23
pornography" are now encapsulated in "child sexual abuse

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1
materials".
2

A person commits child sexual abuse material who:
3

(1) films, videotapes, photographs, or otherwise
4

depicts or portrays by means of any similar visual medium
5

or reproduction or depicts by computer any child whom he
6

or she knows or reasonably should know to be under the age
7

of 18 or any person with a severe or profound intellectual
8

disability where such child or person with a severe or
9

profound intellectual disability is:
10

(i) actually or by simulation engaged in any act
11

of sexual penetration or sexual conduct with any
12

person or animal; or
13

(ii) actually or by simulation engaged in any act
14

of sexual penetration or sexual conduct involving the
15

sex organs of the child or person with a severe or
16

profound intellectual disability and the mouth, anus,
17

or sex organs of another person or animal; or which
18

involves the mouth, anus or sex organs of the child or
19

person with a severe or profound intellectual
20

disability and the sex organs of another person or
21

animal; or
22

(iii) actually or by simulation engaged in any act
23

of masturbation; or
24

(iv) actually or by simulation portrayed as being
25

the object of, or otherwise engaged in, any act of lewd
26

fondling, touching, or caressing involving another

SB3192
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1

person or animal; or
2

(v) actually or by simulation engaged in any act
3

of excretion or urination within a sexual context; or
4

(vi) actually or by simulation portrayed or
5

depicted as bound, fettered, or subject to sadistic,
6

masochistic, or sadomasochistic abuse in any sexual
7

context; or
8

(vii) depicted or portrayed in any pose, posture
9

or setting involving a lewd exhibition of the
10

unclothed or transparently clothed genitals, pubic
11

area, buttocks, or, if such person is female, a fully
12

or partially developed breast of the child or other
13

person; or
14

(2) with the knowledge of the nature or content
15

thereof, reproduces, disseminates, offers to disseminate,
16

exhibits or possesses with intent to disseminate any film,
17

videotape, photograph or other similar visual reproduction
18

or depiction by computer of any child or person with a
19

severe or profound intellectual disability whom the person
20

knows or reasonably should know to be under the age of 18
21

or to be a person with a severe or profound intellectual
22

disability, engaged in any activity described in
23

subparagraphs (i) through (vii) of paragraph (1) of this
24

subsection; or
25

(3) with knowledge of the subject matter or theme
26

thereof, produces any stage play, live performance, film,

SB3192
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1

videotape or other similar visual portrayal or depiction
2

by computer which includes a child whom the person knows
3

or reasonably should know to be under the age of 18 or a
4

person with a severe or profound intellectual disability
5

engaged in any activity described in subparagraphs (i)
6

through (vii) of paragraph (1) of this subsection; or
7

(4) solicits, uses, persuades, induces, entices, or
8

coerces any child whom he or she knows or reasonably
9

should know to be under the age of 18 or a person with a
10

severe or profound intellectual disability to appear in
11

any stage play, live presentation, film, videotape,
12

photograph or other similar visual reproduction or
13

depiction by computer in which the child or person with a
14

severe or profound intellectual disability is or will be
15

depicted, actually or by simulation, in any act, pose or
16

setting described in subparagraphs (i) through (vii) of
17

paragraph (1) of this subsection; or
18

(5) is a parent, step-parent, legal guardian or other
19

person having care or custody of a child whom the person
20

knows or reasonably should know to be under the age of 18
21

or a person with a severe or profound intellectual
22

disability and who knowingly permits, induces, promotes,
23

or arranges for such child or person with a severe or
24

profound intellectual disability to appear in any stage
25

play, live performance, film, videotape, photograph or
26

other similar visual presentation, portrayal or simulation

SB3192
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LRB104 19191 RLC 32636 b
1

or depiction by computer of any act or activity described
2

in subparagraphs (i) through (vii) of paragraph (1) of
3

this subsection; or
4

(6) with knowledge of the nature or content thereof,
5

possesses any film, videotape, photograph or other similar
6

visual reproduction or depiction by computer of any child
7

or person with a severe or profound intellectual
8

disability whom the person knows or reasonably should know
9

to be under the age of 18 or to be a person with a severe
10

or profound intellectual disability, engaged in any
11

activity described in subparagraphs (i) through (vii) of
12

paragraph (1) of this subsection; or
13

(7) solicits, or knowingly uses, persuades, induces,
14

entices, or coerces, a person to provide a child under the
15

age of 18 or a person with a severe or profound
16

intellectual disability to appear in any videotape,
17

photograph, film, stage play, live presentation, or other
18

similar visual reproduction or depiction by computer in
19

which the child or person with a severe or profound
20

intellectual disability will be depicted, actually or by
21

simulation, in any act, pose, or setting described in
22

subparagraphs (i) through (vii) of paragraph (1) of this
23

subsection.
24

(a-5) The possession of each individual film, videotape,
25
photograph, or other similar visual reproduction or depiction
26
by computer in violation of this Section constitutes a single

SB3192
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1
and separate violation. This subsection (a-5) does not apply
2
to multiple copies of the same film, videotape, photograph, or
3
other similar visual reproduction or depiction by computer
4
that are identical to each other.
5

(b)(1) It shall be an affirmative defense to a charge of
6
child sexual abuse material that the defendant reasonably
7
believed, under all of the circumstances, that the child was
8
18 years of age or older or that the person was not a person
9
with a severe or profound intellectual disability but only
10
where, prior to the act or acts giving rise to a prosecution
11
under this Section, he or she took some affirmative action or
12
made a bonafide inquiry designed to ascertain whether the
13
child was 18 years of age or older or that the person was not a
14
person with a severe or profound intellectual disability and
15
his or her reliance upon the information so obtained was
16
clearly reasonable.
17

(1.5) Telecommunications carriers, commercial mobile
18
service providers, and providers of information services,
19
including, but not limited to, Internet service providers and
20
hosting service providers, are not liable under this Section
21
by virtue of the transmission, storage, or caching of
22
electronic communications or messages of others or by virtue
23
of the provision of other related telecommunications,
24
commercial mobile services, or information services used by
25
others in violation of this Section.
26

(2) (Blank).

SB3192
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LRB104 19191 RLC 32636 b
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(3) The charge of child sexual abuse material shall not
2
apply to the performance of official duties by law enforcement
3
or prosecuting officers or persons employed by law enforcement
4
or prosecuting agencies, court personnel or attorneys, nor to
5
bonafide treatment or professional education programs
6
conducted by licensed physicians, psychologists or social
7
workers. In any criminal proceeding, any property or material
8
that constitutes child sexual abuse material shall remain in
9
the care, custody, and control of either the State or the
10
court. A motion to view the evidence shall comply with
11
subsection (e-5) of this Section.
12

(3.5)
(Blank).

The charge of child pornography does not
13
apply to the creator of a film, video, photograph, or other
14
similar visual image or depiction in which the creator is the
15
sole subject of the film, video, photograph, or other similar
16
visual image or depiction.

17

(4) If the defendant possessed more than one of the same
18
film, videotape or visual reproduction or depiction by
19
computer in which child sexual abuse material is depicted,
20
then the trier of fact may infer that the defendant possessed
21
such materials with the intent to disseminate them.
22

(5) The charge of child sexual abuse material does not
23
apply to a person who does not voluntarily possess a film,
24
videotape, or visual reproduction or depiction by computer in
25
which child sexual abuse material is depicted. Possession is
26
voluntary if the defendant knowingly procures or receives a

SB3192
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LRB104 19191 RLC 32636 b
1
film, videotape, or visual reproduction or depiction for a
2
sufficient time to be able to terminate his or her possession.
3

(6) Any violation of paragraph (1), (2), (3), (4), (5), or
4
(7) of subsection (a) that includes a child engaged in,
5
solicited for, depicted in, or posed in any act of sexual
6
penetration or bound, fettered, or subject to sadistic,
7
masochistic, or sadomasochistic abuse in a sexual context
8
shall be deemed a crime of violence.
9

(c) If the violation does not involve a film, videotape,
10
or other moving depiction, a violation of paragraph (1), (4),
11
(5), or (7) of subsection (a) is a Class 1 felony with a
12
mandatory minimum fine of $2,000 and a maximum fine of
13
$100,000. If the violation involves a film, videotape, or
14
other moving depiction, a violation of paragraph (1), (4),
15
(5), or (7) of subsection (a) is a Class X felony with a
16
mandatory minimum fine of $2,000 and a maximum fine of
17
$100,000. If the violation does not involve a film, videotape,
18
or other moving depiction, a violation of paragraph (3) of
19
subsection (a) is a Class 1 felony with a mandatory minimum
20
fine of $1500 and a maximum fine of $100,000. If the violation
21
involves a film, videotape, or other moving depiction, a
22
violation of paragraph (3) of subsection (a) is a Class X
23
felony with a mandatory minimum fine of $1500 and a maximum
24
fine of $100,000. If the violation does not involve a film,
25
videotape, or other moving depiction, a violation of paragraph
26
(2) of subsection (a) is a Class 1 felony with a mandatory

SB3192
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LRB104 19191 RLC 32636 b
1
minimum fine of $1000 and a maximum fine of $100,000. If the
2
violation involves a film, videotape, or other moving
3
depiction, a violation of paragraph (2) of subsection (a) is a
4
Class X felony with a mandatory minimum fine of $1000 and a
5
maximum fine of $100,000. If the violation does not involve a
6
film, videotape, or other moving depiction, a violation of
7
paragraph (6) of subsection (a) is a Class 3 felony with a
8
mandatory minimum fine of $1000 and a maximum fine of
9
$100,000. If the violation involves a film, videotape, or
10
other moving depiction, a violation of paragraph (6) of
11
subsection (a) is a Class 2 felony with a mandatory minimum
12
fine of $1000 and a maximum fine of $100,000.
13

(c-5) Where the child depicted is under the age of 13, a
14
violation of paragraph (1), (2), (3), (4), (5), or (7) of
15
subsection (a) is a Class X felony with a mandatory minimum
16
fine of $2,000 and a maximum fine of $100,000. Where the child
17
depicted is under the age of 13, a violation of paragraph (6)
18
of subsection (a) is a Class 2 felony with a mandatory minimum
19
fine of $1,000 and a maximum fine of $100,000. Where the child
20
depicted is under the age of 13, a person who commits a
21
violation of paragraph (1), (2), (3), (4), (5), or (7) of
22
subsection (a) where the defendant has previously been
23
convicted under the laws of this State or any other state of
24
the offense of child sexual abuse material or child
25
pornography, aggravated child pornography, aggravated criminal
26
sexual abuse, aggravated criminal sexual assault, predatory

SB3192
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LRB104 19191 RLC 32636 b
1
criminal sexual assault of a child, or any of the offenses
2
formerly known as rape, deviate sexual assault, indecent
3
liberties with a child, or aggravated indecent liberties with
4
a child where the victim was under the age of 18 years or an
5
offense that is substantially equivalent to those offenses, is
6
guilty of a Class X felony for which the person shall be
7
sentenced to a term of imprisonment of not less than 9 years
8
with a mandatory minimum fine of $2,000 and a maximum fine of
9
$100,000. Where the child depicted is under the age of 13, a
10
person who commits a violation of paragraph (6) of subsection
11
(a) where the defendant has previously been convicted under
12
the laws of this State or any other state of the offense of
13
child sexual abuse material or child pornography, aggravated
14
child pornography, aggravated criminal sexual abuse,
15
aggravated criminal sexual assault, predatory criminal sexual
16
assault of a child, or any of the offenses formerly known as
17
rape, deviate sexual assault, indecent liberties with a child,
18
or aggravated indecent liberties with a child where the victim
19
was under the age of 18 years or an offense that is
20
substantially equivalent to those offenses, is guilty of a
21
Class 1 felony with a mandatory minimum fine of $1,000 and a
22
maximum fine of $100,000. The issue of whether the child
23
depicted is under the age of 13 is an element of the offense to
24
be resolved by the trier of fact.
25

(d) If a person is convicted of a second or subsequent
26
violation of this Section within 10 years of a prior

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1
conviction, the court shall order a presentence psychiatric
2
examination of the person. The examiner shall report to the
3
court whether treatment of the person is necessary.
4

(e) Any film, videotape, photograph or other similar
5
visual reproduction or depiction by computer which includes a
6
child under the age of 18 or a person with a severe or profound
7
intellectual disability engaged in any activity described in
8
subparagraphs (i) through (vii) of paragraph (1) of subsection
9
(a), and any material or equipment used or intended for use in
10
photographing, filming, printing, producing, reproducing,
11
manufacturing, projecting, exhibiting, depiction by computer,
12
or disseminating such material shall be seized and forfeited
13
in the manner, method and procedure provided by Section 36-1
14
of this Code for the seizure and forfeiture of vessels,
15
vehicles and aircraft.
16

In addition, any person convicted under this Section is
17
subject to the property forfeiture provisions set forth in
18
Article 124B of the Code of Criminal Procedure of 1963.
19

(e-5) Upon the conclusion of a case brought under this
20
Section, the court shall seal all evidence depicting a victim
21
or witness that is sexually explicit. The evidence may be
22
unsealed and viewed, on a motion of the party seeking to unseal
23
and view the evidence, only for good cause shown and in the
24
discretion of the court. The motion must expressly set forth
25
the purpose for viewing the material. The State's Attorney and
26
the victim, if possible, shall be provided reasonable notice

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1
of the hearing on the motion to unseal the evidence. Any person
2
entitled to notice of a hearing under this subsection (e-5)
3
may object to the motion.
4

(f) Definitions. For the purposes of this Section:
5

(1) "Disseminate" means (i) to sell, distribute,
6

exchange or transfer possession, whether with or without
7

consideration or (ii) to make a depiction by computer
8

available for distribution or downloading through the
9

facilities of any telecommunications network or through
10

any other means of transferring computer programs or data
11

to a computer.
12

(2) "Produce" means to direct, promote, advertise,
13

publish, manufacture, issue, present or show.
14

(3) "Reproduce" means to make a duplication or copy.
15

(4) "Depict by computer" means to generate or create,
16

or cause to be created or generated, a computer program or
17

data that, after being processed by a computer either
18

alone or in conjunction with one or more computer
19

programs, results in a visual depiction on a computer
20

monitor, screen, or display.
21

(5) "Depiction by computer" means a computer program
22

or data that, after being processed by a computer either
23

alone or in conjunction with one or more computer
24

programs, results in a visual depiction on a computer
25

monitor, screen, or display.
26

(6) "Computer", "computer program", and "data" have

SB3192
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LRB104 19191 RLC 32636 b
1

the meanings ascribed to them in Section 17.05 of this
2

Code.
3

(7) For the purposes of this Section, "child sexual
4

abuse material" includes a film, videotape, photograph, or
5

other similar visual medium or reproduction or depiction
6

by computer that is, or appears to be, that of a person,
7

either in part, or in total, under the age of 18 or a
8

person with a severe or profound intellectual disability,
9

regardless of the method by which the film, videotape,
10

photograph, or other similar visual medium or reproduction
11

or depiction by computer is created, adopted, or modified
12

to appear as such. "Child sexual abuse material" also
13

includes a film, videotape, photograph, or other similar
14

visual medium or reproduction or depiction by computer
15

that is advertised, promoted, presented, described, or
16

distributed in such a manner that conveys the impression
17

that the film, videotape, photograph, or other similar
18

visual medium or reproduction or depiction by computer is
19

of a person under the age of 18 or a person with a severe
20

or profound intellectual disability. "Child sexual abuse
21

material" includes the depiction of a part of an actual
22

child under the age of 18 who, by manipulation, creation,
23

or modification, appears to be engaged in any activity
24

described in subparagraphs (i) through (vii) of paragraph
25

(1) of subsection (a).
If the creator of the images or
26

materials is a minor and the sole subject of the

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LRB104 19191 RLC 32636 b
1

depiction, the minor is not subject to criminal penalties
2

under this Section.

sexual abuse material
3

(g) Re-enactment; findings; purposes.
4

(1) The General Assembly finds and declares that:
5

(i) Section 50-5 of Public Act 88-680, effective
6

January 1, 1995, contained provisions amending the
7

child sexual abuse material statute, Section 11-20.1
8

of the Criminal Code of 1961. Section 50-5 also
9

contained other provisions.
10

(ii) In addition, Public Act 88-680 was entitled
11

"AN ACT to create a Safe Neighborhoods Law". (A)
12

Article 5 was entitled JUVENILE JUSTICE and amended
13

the Juvenile Court Act of 1987. (B) Article 15 was
14

entitled GANGS and amended various provisions of the
15

Criminal Code of 1961 and the Unified Code of
16

Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
17

and amended various provisions of the Illinois Vehicle
18

Code. (D) Article 25 was entitled DRUG ABUSE and
19

amended the Cannabis Control Act and the Illinois
20

Controlled Substances Act. (E) Article 30 was entitled
21

FIREARMS and amended the Criminal Code of 1961 and the
22

Code of Criminal Procedure of 1963. (F) Article 35
23

amended the Criminal Code of 1961, the Rights of Crime
24

Victims and Witnesses Act, and the Unified Code of
25

Corrections. (G) Article 40 amended the Criminal Code
26

of 1961 to increase the penalty for compelling

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1

organization membership of persons. (H) Article 45
2

created the Secure Residential Youth Care Facility
3

Licensing Act and amended the State Finance Act, the
4

Juvenile Court Act of 1987, the Unified Code of
5

Corrections, and the Private Correctional Facility
6

Moratorium Act. (I) Article 50 amended the WIC Vendor
7

Management Act, the Firearm Owners Identification Card
8

Act, the Juvenile Court Act of 1987, the Criminal Code
9

of 1961, the Wrongs to Children Act, and the Unified
10

Code of Corrections.
11

(iii) On September 22, 1998, the Third District
12

Appellate Court in People v. Dainty, 701 N.E. 2d 118,
13

ruled that Public Act 88-680 violates the single
14

subject clause of the Illinois Constitution (Article
15

IV, Section 8 (d)) and was unconstitutional in its
16

entirety. As of the time this amendatory Act of 1999
17

was prepared, People v. Dainty was still subject to
18

appeal.
19

(iv) Child sexual abuse material is a vital
20

concern to the people of this State and the validity of
21

future prosecutions under the child sexual abuse
22

material statute of the Criminal Code of 1961 is in
23

grave doubt.
24

(2) It is the purpose of this amendatory Act of 1999 to
25

prevent or minimize any problems relating to prosecutions
26

for child sexual abuse material that may result from

SB3192
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1

challenges to the constitutional validity of Public Act
2

88-680 by re-enacting the Section relating to child sexual
3

abuse material that was included in Public Act 88-680.
4

(3) This amendatory Act of 1999 re-enacts Section
5

11-20.1 of the Criminal Code of 1961, as it has been
6

amended. This re-enactment is intended to remove any
7

question as to the validity or content of that Section; it
8

is not intended to supersede any other Public Act that
9

amends the text of the Section as set forth in this
10

amendatory Act of 1999. The material is shown as existing
11

text (i.e., without underscoring) because, as of the time
12

this amendatory Act of 1999 was prepared, People v. Dainty
13

was subject to appeal to the Illinois Supreme Court.
14

(4) The re-enactment by this amendatory Act of 1999 of
15

Section 11-20.1 of the Criminal Code of 1961 relating to
16

child sexual abuse material that was amended by Public Act
17

88-680 is not intended, and shall not be construed, to
18

imply that Public Act 88-680 is invalid or to limit or
19

impair any legal argument concerning whether those
20

provisions were substantially re-enacted by other Public
21

Acts.
22
(Source:
P.A. 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25;
23
104-245, eff. 1-1-26; revised 11-21-25.)

24

Section 99.
Effective date.
This Act takes effect upon
25
becoming law.

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