It is unlawful for a person to engage in the exploitation of a vulnerable adult. This is considered a third degree felony offense. A person is guilty of this offense if he or she:
- knowingly produces, possesses, or possesses vulnerable adult pornography with intent to distribute;
- the vulnerable adult who appears or is depicted in the pornography lacks the capacity to consent to the conduct performed or engaged in the pornography.
Under this statute, it is a separate offense for each vulnerable adult depicted in the vulnerable adult pornography and for each time the same vulnerable adult is depicted in different vulnerable adult pornography. Proof of the identity of the identifiable vulnerable adult is not required in proving a violation of this Section.