People v. McKown

Summary

The Illinois Supreme Court held that handmade images created by modifying photographs of identifiable children to depict sexual conduct constitute child pornography under section 11-20.1 of the Illinois Criminal Code. The court rejected the defendant's First Amendment and overbreadth challenges, distinguishing morphed images involving real children from virtual child pornography. The court also addressed the corpus delicti rule and the need for independent corroborating evidence of criminal conduct when a defendant's statements are used as proof.

Holdings

1. Images of real children altered to depict the children engaging in sexual conduct constituted a visual reproduction of a child who was by simulation engaged in sexual conduct within the meaning of section 11-20.1.
2. Morphed child pornography involving identifiable real children is not protected by the First Amendment, and section 11-20.1 is constitutional as applied to McKown's materials.
3. McKown failed to establish that section 11-20.1 prohibits a substantial amount of protected speech in relation to its plainly legitimate sweep; the statute was not unconstitutionally overbroad.
4. The corpus delicti rule was satisfied because J.M.'s testimony and related evidence independently tended to show that the charged sexual offenses occurred and corroborated McKown's admissions.

Questions Presented

1. Whether images of real children that were altered by inserting images of penises into their mouths constituted child pornography under section 11-20.1 of the Illinois Criminal Code.
2. Whether applying section 11-20.1 to handmade morphed images of real children violated the First Amendment.
3. Whether independent evidence sufficiently corroborated McKown's admissions to satisfy the corpus delicti rule for the convictions affirmed on counts I and V.

Disposition

affirmed