Who’s Liable for Child Pornography on a Shared Device?

 Posted on September 16, 2025 in Sex Crimes

In today’s world, both homes and workplaces often rely on shared computers, tablets, and company servers. So, what happens when law enforcement finds child pornography files on a device used by multiple people? In the state of Illinois, possession of child pornography (720 ILCS 5/11-20.1) is a felony with devastating penalties, including time in prison, and mandatory sex offender registration, not to mention the social stigma of being convicted of a sex crime.

It can also be very challenging to secure employment or rent a home. When the evidence in a child pornography case is tied to a shared computer, proving who was actually responsible becomes far more complicated. If you or a loved one is facing life-changing allegations of child pornography, it is essential to understand the defenses that may apply in your case.

The goal when facing child pornography charges will be to prove that you were not the person who downloaded the images. An experienced Oakbrook Terrace, IL criminal defense attorney will carefully evaluate the facts and circumstances of your charges and then begin building a solid defense.  

Understanding Child Pornography Laws in Illinois

As noted, the penalties for child pornography possession in Illinois are harsh, and depending on the circumstances, could be charged under Illinois law or federal law. If the alleged perpetrator shared any items online or across state lines, the offense could be charged federally. While federal laws are generally harsh, in this instance, Illinois penalties could be harsher.   

In Illinois, it is a crime to knowingly have, share, or create any visual of a juvenile under the age of 18 who is sexually displaying his or her genitals, or involved in a sexual act. This includes videos, photos, and even AI-generated images that appear to depict a minor.

In Illinois, possession of child pornography involving a minor under 13 is a Class X felony with a sentence of six to 30 years in prison per image, and no eligibility for probation. If the images depict a minor between the ages of 13 and 18, possession of child pornography is a Class 2 felony with a potential sentence of three to seven years per image.  

How Prosecutors Try to Link Child Pornography to One Person

Family members who share a home desktop, roommates who use the same laptop, or multiple employees accessing a work computer can significantly muddy the waters in a child pornography case. Law enforcement may look for digital evidence that ties the content to a specific person, including:

• User account activity – attempting to connect the account’s usage pattern to the alleged perpetrator.
• An examination of browser history, search queries, and file names will be conducted to find keywords related to illegal content.
• Files downloaded or distributed through peer-to-peer (P2P) file sharing can be traced. Prosecutors may argue that even if the defendant was unaware of the nature of the files, they understood the software was intended for file sharing, and thus can be held liable for illegal content.
• File metadata can be analyzed, including creation and access timestamps, to indicate when the content was downloaded or last viewed. This information can then be cross-referenced with computer usage logs.

Potential Defenses to Child Pornography on a Shared Computer

The defense attorney can argue that the defendant had no knowledge of the illegal material on the computer, or that another user (such as a family member, guest, or even a hacker) placed the unlawful content on the device. The argument could be that the defendant unknowingly downloaded illegal material that was mislabeled or disguised, or that the IP address alone does not identify a specific user. Defense attorneys may bring in digital forensics experts to provide alternative explanations.

Contact a Chicago, IL Sex Crimes Lawyer

Facing child pornography charges can be overwhelming, especially when the evidence comes from a computer that multiple people use. Consulting an Oakbrook Terrace, IL criminal defense attorney from Hartsfield Law can ensure you receive a vigorous defense to these charges.

Attorney Hartsfield has a very diverse background that includes teaching courses to pre-trial detainees, serving as an educator for the City Colleges of Chicago, and representing indigent defendants for the Will County Public Defender’s Office. Call 312-345-1700 today to schedule your free consultation.