Illinois Appellate Court
Criminal Court
Child Pornography
Defendant was convicted, after bench trial, of child pornography. The photo in question, from the Internet, was of a nude girl, under age 13, sitting on a tether swing. The photo was not lewd and did not constitute child pornography under the law, and considering the case law factors for determining lewdness. Conviction and sentence are reversed outright. (SCHMIDT, concurring and specially concurring; LYTTON, dissenting.)