Child pornography.In Illinois, a person commits the offense of child pornography by videotaping or photographing anyone he or she should know is under the age of 18 and who is engaged in any sexual act or in any pose involving lewd exhibition of unclothed or transparently clothed genitals, pubic area, buttocks, or female breast.15 There is no exception for taking pictures of oneself.16 Thus, a 17-year-old who snaps his or her own revealing picture has technically created child pornography, a Class 1 felony with a mandatory fine of between $2,000 and $100,000 and at least four years in prison.17 It would not be a crime if the teen were 18.18
Do we know if she was aware the tape was being made?
If so, how do you prove that?
“There is no exception for taking pictures of oneself.1”
Children in child porn videos are not take the pictures themselves. They are being filmed.
In this case from what little we know it appears the girl did not do the videotaping, did not know she was being videotaped, did not possess the videotape, and did not distribute the videotape.
If it were your daughter you might be just a little bit perturbed.