What exactly is a "Common Sense Law"?

Illinois can have common sense IMP laws by taking into account the age of the "child pornographer" and reducing the penalty from a felony to misdemeanor when the person is a minor.

There's a few things at play in this issue. For our purposes you need to know that under the law, you can be charged with Child Pornography if you:

• produce child pornography
• reproduce/disseminate child pornography
• possess child pornography
• encourage/persuade someone to produce child pornography

There's really two diferrent players that need to be thought about. The first is the person who produced it (for this example let's say it is a 16 year old girl named Tina that takes a picture of herself topless with her camera phone) and the second is the recipient (for this example let's say it is Tina's 16 year old boyfriend Zach).

So Zach asks Tina to send him a "sexy photo." Tina is hesitant but ultimatley does and sends a photo of herself topless to Zach via cell phone. Zach then proceeds to forward it on to 3 of his friends. This all comes to light and the county prosecutor arrests them both. Under current law they both would be charged with felonies. Tina for production, possession and dissemination. Zach for dissemination, possession and encouraging/persuading someone to produce child pornography.

Under a common sense law, because they are both under the age of 18, the penalties would be as follows

Tina:

• Production: Class C Misdemeanor (no more than 30 days in jail)
• Possession: Class C Misdemeanor (no more than 30 days in jail)
• Dissemination: Class C Misdemeanor (no more than 30 days in jail)

Zach

• Dissemination: Class A Misdemeanor (no more than 1 year in jail)
• Possession: Class C Misdemeanor (no more than 30 days in jail)
• Encouraging/Pesuading: Class C Misdemeanor (no more than 30 days in jail)

NOTE: All of these would be Class C (the lowest penalty available and the jail time is a maximum and most likely no jail time would be served, only a fine levied) except dissemination of the photos by someone other than the person who took them. This increased penalty is to discourage the type of mass-forwarding that occurs and the inevitable humiliation and bullying that comes with it.

Also, currently the law requires someone guilty of Child Pornography to be a registered sex offender. Under the new law, only those guilty of "felony" Child Pornography will be required to register.