FREE CASE REVIEW


720 ILCS 5/11-20

Obscenity

 

  • Class A misdemeanor
  • Up to 364 days in jail
  • Fine up to $2,500
  • Second offense is a Class 4 Felony
  • Call for more details

 

Understanding the Crime of Obscenity in Illinois

Obscenity is a criminal offense under Illinois law that involves the creation, distribution, or possession of material that is deemed offensive, sexually explicit, or lacking serious literary, artistic, political, or scientific value. The law is designed to protect the public from exposure to obscene materials and to prevent the exploitation of individuals, particularly minors. A conviction for obscenity can result in significant legal consequences, including imprisonment and fines.

 

What Constitutes Obscenity in Illinois?

Under Illinois law, obscenity is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/11-20. The offense occurs when an individual knowingly creates, distributes, or possesses material that meets the legal definition of obscenity. The material in question must meet the following criteria to be considered obscene:

 

  • Appeals to Prurient Interest: The material, when taken as a whole, appeals to an unhealthy or excessive interest in sexual matters, as determined by contemporary community standards.
  • Depicts Sexual Conduct in a Patently Offensive Way: The material depicts or describes sexual conduct in a manner that is offensive and goes beyond what is acceptable by community standards.
  • Lacks Serious Value: The material, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

Examples of Obscenity Under 720 ILCS 5/11-20

Here are specific examples of obscenity as defined under Illinois law:

 

  1. Distribution of Obscene Material
    • Statute: 720 ILCS 5/11-20(a)(1)
    • Description: Knowingly distributing, selling, or offering for sale any material, such as books, magazines, films, or other media, that is considered obscene.
  2. Possession with Intent to Distribute
    • Statute: 720 ILCS 5/11-20(a)(2)
    • Description: Knowingly possessing obscene material with the intent to distribute, sell, or circulate it.
  3. Production of Obscene Material
    • Statute: 720 ILCS 5/11-20(a)(3)
    • Description: Creating, producing, or directing the creation of material that is deemed obscene.
  4. Transmission of Obscene Material
    • Statute: 720 ILCS 5/11-20(a)(6)
    • Description: Transmitting obscene material through electronic means, such as the internet, email, or other forms of electronic communication.

Penalties for Obscenity in Illinois

Obscenity is classified as a felony or misdemeanor offense in Illinois, depending on the nature of the offense and whether the material involved minors. The penalties can include:

 

  • Class A Misdemeanor:
    • Up to 364 days in jail
    • Fines of up to $2,500
    • Probation or conditional discharge may be available in certain cases
  • Class 4 Felony (Involving Minors or Aggravating Factors):
    • 1 to 3 years in prison
    • Fines of up to $25,000
    • Extended probation periods or conditional discharge
    • Registration as a sex offender may be required in certain cases involving minors

In addition to these legal penalties, a conviction for obscenity can have long-lasting consequences, including a permanent criminal record, potential registration as a sex offender, and restrictions on employment and housing opportunities.

 

Defending Against Obscenity Charges

If you are facing obscenity charges in Illinois, it is crucial to seek experienced legal representation immediately. These charges are serious, and the defense strategy must be carefully crafted to address the specifics of your case. As an experienced criminal defense attorney, I can help you navigate the complexities of the legal system, protect your rights, and work towards achieving the best possible outcome. Contact me today for a free consultation to discuss your case and explore your legal options.

 

Why Choosing Andrew M. Weisberg is Crucial for Your Obscenity Defense

Obscenity charges can have far-reaching consequences, affecting not only your legal standing but also your reputation and future opportunities. Convictions can lead to significant fines, imprisonment, and a permanent criminal record. When facing such charges, it’s essential to have a defense attorney who understands the complexities of obscenity laws and can build a robust defense to protect your rights and your future.

 

Here’s why Andrew M. Weisberg is the attorney you need for your obscenity defense:

 

  • In-Depth Knowledge of Obscenity Laws: Andrew M. Weisberg has extensive experience in defending clients against obscenity charges. His background as a former Cook County prosecutor equips him with the insight needed to navigate the nuances of obscenity laws, enabling him to craft a defense that challenges the prosecution’s case effectively.
  • Strategic and Personalized Defense: Every obscenity case is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines every detail of your case, from the context of the alleged offense to the interpretation of the law. He develops a personalized defense strategy aimed at highlighting weaknesses in the prosecution’s case and securing the best possible outcome.
  • Aggressive Representation in Court: Known for his aggressive and determined representation, Mr. Weisberg is a strong advocate for his clients in the courtroom. He challenges the prosecution’s evidence, cross-examines witnesses, and presents a compelling case in your defense, whether through negotiation, plea agreements, or trial.
  • Compassionate and Confidential Client Support: Facing obscenity charges can be a stressful and isolating experience. Mr. Weisberg not only provides expert legal representation but also offers compassionate and confidential support throughout the legal process. He ensures that you are fully informed and involved in your defense, providing the reassurance you need during this challenging time.

When you are facing obscenity charges, the quality of your defense can make all the difference. Andrew M. Weisberg’s expertise, strategic defense planning, and unwavering commitment to his clients make him the right choice to defend your rights, your reputation, and your future.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your obscenity case and learn how he can help protect your rights and fight for the best possible outcome.