Sexually Explicit Digital Image Offenses

Creates offenses for obscene depictions of purported children, including computer-generated depictions, and for nonconsensual dissemination of sexually explicit digitized depictions of identifiable persons.

PA 103-0825 creates two separate criminal offenses. Section 11-20.4 addresses obscene depictions of purported children, expressly including specified computer-generated images. Its elements differ depending on whether the person accesses or possesses a depiction or reproduces or disseminates one. Section 11-23.7 concerns the intentional, nonconsensual dissemination of a sexually explicit digitized depiction of an identifiable person.

PA103-1081, effective March 21, 2025, amended Section 11-20.4 with an indistinguishability test based on whether an ordinary viewer would conclude that the representation depicts an actual child. Obscenity, conduct, knowledge, age-related penalties and statutory limits still matter; not every generated sexual depiction is prohibited. Section 11-23.7 remains a distinct offense.

Section 11-23.7 also has a later PA104-0417 source note, effective August 15, 2025. The full criminal amendment and collateral sentencing chains, including PA104-0245 and PA104-0852, have not been fully reconciled in this entry.

Both offenses require the specific conditions stated in the Criminal Code. Image-generation and distribution services should assess the relevant offense elements and design reporting and escalation practices around prohibited use.