Ill. Pattern Jury Instr. (Criminal) 9.29B

Pornography

[For purposes of the offense of child pornography,] [(the) (The)] word “disseminate”

means to

[1] sell, distribute, exchange, or transfer possession, whether with or without

consideration.

[or]

[2] make a depiction by computer available for distribution or downloading through

facilities of any telecommunications network or through any other means of transferring

computer programs or data to a computer.

[For purposes of the offense of child pornography,] [(the) (The)] word “produce” means

to direct, promote, advertise, publish, manufacture, issue, present, or show.

[For purposes of the offense of child pornography,] [(the) (The)] word “reproduce”

means to make a duplication or copy.

[For purposes of the offense of child pornography,] [(the) (The)] phrase “depict by

computer” means to generate, create, or cause to be created or generated a computer program or

data that after being processed by a computer, either alone or in conjunction with one or more

computer programs, results in a visual depiction on a computer monitor, screen, or display.

[For purposes of the offense of child pornography,] [(the) (The)] phrase “depiction by

computer” means a computer program or data that after being processed by a computer, either

alone or in conjunction with one or more computer programs, results in a visual depiction on a

computer monitor, screen, or display.

In determining if an act, production, reproduction, or depiction is lewd you should

consider all the facts and circumstances in evidence, including, but not limited to whether:

[1] The focal point of the visual depiction is on the child’s genitals.

[2] The setting of the visual depiction is sexually suggestive, i.e., in a place or pose

generally associated with sexual activity.

[3] The child is depicted in an unnatural pose, or in inappropriate attire, considering the

age of the child.

[4] The child is fully or partially clothed, or nude.

[5] The visual depiction suggests sexual coyness or a willingness to engage in sexual

activity.

[6] The visual depiction is intended or designed to elicit a sexual response in the

viewer.