720 ILCS 5/11-20 – Obscenity
This law makes it illegal to sell, show, make, or share obscene or pornographic materials.
This Illinois law explains what counts as “obscene” and makes it a crime to create or share such materials. It also describes when someone can be punished and what defenses might apply.
(a) Elements of the Offense. A person breaks this law if they knowingly sell, show, perform, or advertise obscene materials or acts. This includes:
- Selling, giving, or offering anything obscene like pictures, books, or videos.
- Putting on or directing an obscene play, dance, or show.
- Showing or publishing obscene materials.
- Performing or showing obscene acts of the body for money.
- Creating, buying, or keeping obscene materials to share them with others.
- Advertising or promoting something as obscene, even if it isn’t really obscene.
(b) Obscene Defined. Something is obscene if:
- Most adults would think it focuses on sexual desire in a bad or improper way.
- Most adults would find it shows sexual acts or body parts in a very offensive way.
- It has no real artistic, educational, political, or scientific value.
(c) Interpretation of Evidence. Whether something is obscene depends on what the average adult would think, unless the material is clearly meant for children or sensitive groups. In a court case, evidence may include:
- Who the material was made for or shown to.
- How the material would likely affect that audience.
- Whether the material has artistic or educational value.
- How much the public in Illinois accepts such material.
- Whether the advertising focuses on sexual appeal.
- What the creator or seller’s purpose was.
(d) Sentence: Obscenity is a Class A misdemeanor. If someone breaks this law again, it becomes a Class 4 felony.
(e) Permissive Inference. The court may assume that a person meant to share obscene material if they have special tools to make copies or if they own more than three copies of obscene material.
(f) Affirmative Defenses. It is a legal defense if the person:
- Shared the material privately and not for money, and not with minors under 18.
- Shared it with people or institutions that had a special reason, such as science or research.
(g) Forfeiture of property. If someone has already been convicted of obscenity and is convicted again, their related property may be taken by the state.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
