Kelly Nichols

DECATUR, Ill. (WAND) - An Illinois Appeals Court has overturned the conviction of a Decatur mother who was sentenced to six years in prison for child pornography. 

Kelly Nichols was found guilty of possessing child pornography by a Macon County Court in October 2024.

On Tuesday, the Fifth District Appellate Court of Illinois ruled that while the photos and videos at the heart of the case "were deplorable, they are not lewd nor do they constitute child pornography as defined by Illinois statute."

As a result, the court ruled that Kelly Nichols' conviction be reversed and dismissed, and that she be discharged from her sentence. 

The Appellate Court's ruling said there are six factors that determine whether an image can qualify as child pornography under state law:

  1. Whether the focal point of the image is on the child's genitals
  2. Whether the setting is sexually suggestive
  3. Whether the child is depicted in an unnatural pose or in inappropriate attire
  4. Whether the child is fully clothed, partially clothed or nude
  5. Whether the image suggests a willingness to engage in sexual activity
  6. Whether the image is designed to elicit a sexual response from the viewer

While not all six factors are needed to determine that an image is lewd, the court said, the factors that were found in the images in Kelly Nichols' case were not enough to meet the standard for child pornography. 

WAND News has reached out to the Macon County State's Attorney's Office and to attorneys representing Kelly Nichols for comment on the court's ruling. 

Kelly's husband Doug was also found guilty of possessing child pornography. Doug was sentenced to to three years in prison with two years of conditional discharge.

He is also facing separate charges of criminal sexual assault of a minor and aggravated criminal sexual abuse of a minor. Doug Nichols is due back in court for a change of venue hearing in this case on June 30.

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