Lying About Law

By Mark Swarbrick

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By Mark Swarbrick

Have We Been Lied To?

The state’s attorney in Dixon told us that he can do nothing about the child porn in the Dixon Library because, even though it is forbidden under federal law, he can only prosecute violations of state law, and that there are no Illinois state laws that forbid this material.

But is that true? I got to wondering about that. It seems there are a lot of arrests for possession of child porn in Illinois. Why would these people be arrested while politically connected people are left alone? So I did some research to see what the Illinois law actually is. Here is the Illinois law on child pornography:

Illinois State Law

  (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)

    Sec. 11-20.1. Child pornography.

(a) A person commits child pornography who…depicts…any child whom he or she knows or reasonably should know to be under the age of 18… actually or by simulation engaged in any act of sexual penetration or sexual conduct involving the sex organs of the child.

(b) A person is guilty of distributing harmful material to a minor when he or she: (1) knowingly sells, lends, distributes, exhibits to, depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age.

“Material” means (i) any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.

“Sexual conduct” means acts of masturbation, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

Keywords

There are some key words (underlined above) that we need to pay attention to. These show that the book Gender Queer violates Illinois law. Here are the key words:

Depicts: The law does not require it be a photograph of an actual child. The cartoons in the book most certainly are depictions.

Under the age of 18: Page 61 contains text which defines the age of the two children as “11 or 12 years old,” and the next frame on page 62 shows the two naked children engaged in sex with one on top of the other.

Material: The law specifically states that an item is considered child porn if it is a “drawing” or “printed matter however reproduced.” Cartoons would certainly fall within this category. The federal law that specifically mentions “cartoons” bolsters this understanding of the state law. Note also that “pictures” are delineated separately from “photographs.” Thus, cartoons would qualify as “pictures.”

Sexual Conduct: The book in question portrays those things specifically forbidden: children engaged in masturbation, sexual intercourse, and physical contact of genitals.

It certainly seems clear to me that the book Gender Queer is a violation of Illinois State Law. The Illinois law on child porn is explained further on the findlaw.com website. At this URL:

https://www.findlaw.com/state/illinois-law/illinois-child-pornography-laws.html

There we read:

“Illinois child pornography laws prohibit the making or distribution of images depicting or involving a child under the age of 18…participating in sexual acts…Illinois state laws increase the criminal charge of child pornography to aggravated child pornography when the child involved is under the age of 13…The state of Illinois charges most child pornography offenses as Class 1 felonies…A conviction for child pornography or aggravated child pornography generally requires the convicted defendant to register as a sex offender in Illinois.”

Gender Queer most definitely contains “images depicting… a child under the age of 18…participating in sexual acts.” Cartoon drawings are not excluded, in fact, “drawings” are specifically mentioned. Since the text of the book (Page 61) identifies the children as “under the age of 13,” distribution of this book is “aggravated child pornography.” Conviction for distributing such material requires the perpetrator register as a sex offender.

Rules for Thee…

If you or I started drawing graphic and detailed cartoons of children masturbating and engaging in oral sex with each other, and if we went down to a local school and handed them out to kids, how long do you think it would take before we were handcuffed, jailed, and prosecuted? Not long I would guess.

Yet the director of the Dixon Public Library, Antony Deter, by virtue of his political connections, boldly distributes this material to children, flaunting his immunity to the laws of the state. Indeed, he and his wife have derided us as though we were peons, calling us bigots, and declaring their hatred for us. This would seem to be a case of rules for thee but not for me.

Political Expediency?

The office of state’s attorney is an elected office. One cannot help but wonder if the state’s attorney’s refusal to prosecute has political motivations. Even though the law seems clear, perhaps political fears cause him to not want to touch a political hot potato. Does he fear the LGBTQ community? Is it because certain members of the city council want this material distributed to our children?

I think these are questions that should be asked. One thing is for certain. If this nation is going to survive, it is going to require that we elect people to office who are moral, upright, impartial, fearless, and uncompromising – people who will stand for truth, justice, and the American way.

 

 



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