720 ILCS 5/11-21 – Harmful Material

720 ILCS 5/11-21 – Harmful Material

This law makes it illegal to share or show sexual or adult materials to anyone under 18.

This Illinois law says people can be punished if they knowingly give, sell, or show harmful sexual materials to minors. It also explains what counts as “harmful material,” defines exceptions, and lists the possible penalties.

(a) This section defines important terms:

• “Distribute” means to give or transfer something to another person.
• “Harmful to minors” means material that mainly focuses on sexual content, is offensive to community standards, and has no real value for minors.
• “Knowingly” means being aware of the content or ignoring chances to check it.
• “Material” means things like pictures, videos, books, magazines, or games that can show or describe sexual content.
• “Minor” means anyone under 18.
• “Nudity” means showing private body parts or covered genitals in a sexual way.
• “Sado-masochistic abuse” means hurting or tying up someone for sexual enjoyment.
• “Sexual conduct” means sexual acts or touching private parts.
• “Sexual excitement” means being sexually aroused.

(b) A person commits the crime of giving harmful material to a minor if they:

1. Knowingly sell, give, or show any harmful material, movie, or show that contains nudity, sexual acts, or similar content, or give a ticket to see it to someone under 18 or don’t check their real age.
2. Let a minor into a place showing that kind of material or movie without checking the person’s real age.

(c) It can be a defense if:

1. The minor showed an ID or document that looked official and said they were 18 or older, and the person believed it.
2. The person was the minor’s parent, guardian, or the minor was with them.
3. The person worked for a real school, museum, or library as part of their job.
4. The action was done for a real educational or scientific reason.
5. The sale or delivery happened through the mail or Internet with an age warning, and the buyer lied about being 18.

(d) Whether the material mainly appeals to sexual interests is judged based on what normal kids around that age would think, unless it is made for a certain group of minors, in which case it’s judged by that group’s age.

(e) Sentence: Sharing harmful material is a Class A misdemeanor. A second or later offense becomes a Class 4 felony.

(f) Sentence: A person under 18 who lies about their age, in person or in writing, or uses a fake ID to get harmful material, commits a Class B misdemeanor.

(g) Sentence: Anyone over 18 who doesn’t check a minor’s age and shares or shows harmful material to them is guilty of a Class A misdemeanor. If they used a computer, phone, or camera to make the harmful material, the crime becomes a Class 4 felony.

(h) Companies that provide phone, mobile, or Internet services are not responsible under this law unless they purposely do something wrong on purpose when transmitting or storing content made by others.

View the full statute here.

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