- Joined
- Dec 17, 2019
UNDER ILLINOIS LAW the person must be aware that the image was that of a person under the age of 18. The law action states:
(720 ILCS 5/11-20.1)(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 person with a severe or profound intellectual disability but only where, prior to the act or acts giving rise to a prosecution under this Section, he or she 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 person with a severe or profound intellectual disability and his or her reliance upon the information so obtained was clearly reasonable."
The issue is when a person doesn't know the image is there that becomes a problem. In fact, the image in my case has no view or create date on it, meaning it was never looked at. Not to mention the image under Illinois law is not child porn.
So when they uncover your actual stash, you can just say “I didn’t know!”, and like that, the cuffs come off!
My brother in Christ, you are industrial-grade stupid.