Ill. Pattern Jury Instr. (Criminal) 9.30

To sustain the charge of child pornography, the State must prove the following

propositions:

[1] First Proposition: That the defendant [( [(filmed) (videotaped) (photographed)

(depicted) (portrayed)] by means of visual medium or reproduction) (depicted by

computer)] [(a child he knew or reasonably should have known to be under the age of

18) (an institutionalized severely or profoundly mentally retarded person)];

[or]

[2] First Proposition: That the defendant with the knowledge of the [(nature) (content)]

thereof, [(reproduced) (disseminated) (offered to disseminate) (exhibited) (possessed

with the intent to disseminate)] a [(film) (videotape) (photograph) (depiction by

computer) [or other similar visual reproduction]] of [(a child) (an institutionalized

severely or profoundly mentally retarded person)] whom the defendant knew or

reasonably should have known to be [(under the age of 18) (an institutionalized severely

or profoundly mentally retarded person)];

[or]

[3] First Proposition: That the defendant with the knowledge of the [(subject matter)

(theme)] thereof, produced a [(stage play) (live performance) (film) (videotape)

(depiction by computer) [or other similar visual portrayal]] which included [(a child

whom the defendant knew or reasonably should have known to be under the age of 18)

(an institutionalized severely or profoundly mentally retarded person)];

[or]

[4] First Proposition: That the defendant [(solicited) (used) (persuaded) (induced)

(enticed) (coerced)] [(a child whom he knew or reasonably should have known to be

under the age of 18) (an institutionalized severely or profoundly mentally retarded

person)] to appear in a [(stage play) (live presentation) (film) (videotape) (photograph)

(depiction by computer) [or other similar visual reproduction]] in which the [(child)

(institutionalized severely or profoundly mentally retarded person)] [(would be) (would

be depicted, actually) (would be depicted, by simulation)] in the following [(act) (pose)

(setting)]: ____;

[or]

[5] First Proposition: That the defendant was a [(parent) (step -parent) (legal guardian)

(other person having care or custody)] of [(a child whom the defendant knew or

reasonably should have known to be under the age of 18) (an institutionalized severely or

profoundly mentally retarded person)] and that the defendant knowingly [(permitted)

(induced) (promoted) (arranged for)] such [(child) (institutionalized severely or

profoundly mentally retarded person)] to appear in a [(stage play) (live performance)

(film) (videotape) (photograph) (depiction by computer) [or other similar visual [

(presentation) (portrayal) (simulation)]] of the following [(act) (activity)]: ____;

[or]

[6] First Proposition: That the defendant with the knowledge of the [(nature) (content)]

thereof, possessed a [(film) (videotape) (photograph) (depiction by computer) [or other

similar visual reproduction]] of [(a child) (an institutionalized severely or profoundly

mentally retarded person)] whom the defendant knew or reasonably should have known

to be [(under the age of 18) (an institutionalized severely or profoundly mentally

retarded person)];

[or]

[7] First Proposition: That the defendant [(solicited) (used) (persuaded) (induced)

(enticed) (coerced)] a person to provide [(a child under the age of 18) (an

institutionalized severely or profoundly mentally retarded person)] to appear in a [(stage

play) (live presentation) (film) (videotape) (photograph) (depiction by computer) [or

other similar visual reproduction]] in which the [(child) (institutionalized severely or

profoundly mentally retarded person)] would be depicted, actually or by simulation:

____;

and

[a] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation engaged in an act

of sexual intercourse with [(a person) (an animal)].

[or]

[b] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation engaged in an act

of sexual contact involving the sex organs of the [(child) (institutionalized

severely or profoundly mentally retarded person)] and the [(mouth) (anus) (sex

organs)] of another [(person) (animal)].

[or]

[c] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation engaged in an act

of sexual contact involving the [(mouth) (anus) (sex organs)] of the [(child)

(institutionalized severely or profoundly mentally retarded person)] and the sex

organs of another [(person) (animal)].

[or]

[d] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation engaged in an act

of masturbation.

[or]

[e] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation was portrayed as

[(being the object of) (otherwise engaged in)] an act of lewd [(fondling)

(touching) (caressing)] involving another [(person) (animal)].

[or]

[f] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation engaged in an act

of [(excretion) (urination)] within a sexual context.

[or]

[g] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] actually or by simulation was [(portrayed)

(depicted)] as [(bound) (fettered) (subject to sadistic abuse) (subject to

masochistic abuse) (subject to sadomasochistic abuse)] in a sexual context.

[or]

[h] Second Proposition: That such [(child) (institutionalized severely or

profoundly mentally retarded person)] was [(depicted) (portrayed)] in a [(pose)

(posture) (setting)] involving a lewd exhibition of the [(unclothed genitals)

(pubic area) (buttocks) (a fully or partially developed breast)] of the [(child)

(institutionalized severely or profoundly mentally retarded person) (other person)

] [if the [(child) (institutionalized severely or profoundly mentally retarded

person) (other person)] is a female].

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.