McHenry man charged with possessing images of child sex abuse while on probation for child sex abuse

A McHenry registered sex offender, who has been on probation since last year for child sexual abuse, now is accused of disseminating 42 “significantly disturbing” videos depicting children – including babies – being sexually assaulted, authorities said.

Robert S. Nolan, 36, is charged with 10 counts of reproducing images of children younger than 13 being sexually assaulted, Class X felonies, Judge Jeffrey Altman and a criminal complaint filed by McHenry police said.

Nolan made his initial court appearance Thursday, where prosecutors argued for his pretrial detention. Assistant State’s Attorney Maria Marek said Nolan is dangerous to all children and there are no conditions to ensure he will not search for more images of children being sexually abused. She said such an offense is not “a victimless crime” and “these are crimes of violence.”

Marek also read graphic messages allegedly exchanged between Nolan and another person online detailing the type of images of children being sexually assaulted they prefer.

“If released, he will attempt to seek out child pornography again ... and we will be right back here,” Marek said adding that monitoring software applied to his devices would not prevent him from doing so.

In October, Nolan was sentenced to four years of sex offender probation after pleading guilty to aggravated criminal sex abuse of a child younger than 13, court records show. The 42 images he is accused of possessing and sharing were on his computer and shared from his Kik account on June 20, 2024, while the other case was pending, Marek said.

Assistant Public Defender David Giesinger argued for Nolan’s release, saying Nolan lives with his parents, works a night shift in a warehouse and that the allegations did not indicate a “sophisticated” operation that could easily hide searches for the material. Giesinger said Nolan could be released with monitoring software added to all electronics in his home, including his parents’, that would keep him from searching for the material.

Giesinger also said Nolan was never accused of approaching any children or creating the videos, and there are no children who live in his parents’ home. The attorney also said that since being on probation, he has not violated the sex offender registry and these charges “predate” that conviction.

Altman described the images as “significantly disturbing,” saying the same about the graphic conversations Nolan is accused of having online.

“It shows the nature of his thoughts of children, just the manner in which he feels they are something to be used for his pleasure or the pleasure of others,” Altman said.

But the judge also noted that since being on probation, there is no evidence Nolan has had any violations, and the charges are a year old, predating the probation. Altman released Nolan pretrial with conditions saying the state did not prove that there are no conditions to keep him from possessing or sharing such images. Conditions he must follow including no contact with any minors and no use of the internet, and electronic monitoring will be placed on all electronics.

Nolan was arrested at his home Wednesday by McHenry police, according to a news release. Authorities said they found multiple short videos in his possession that depicted adults sexually abusing children who are described in court records as babies or infants.

The arrest followed a tip received from the Internet Crimes Against Children Task Force that a McHenry resident had downloaded the offending materials, leading to an investigation by McHenry police and the Illinois Attorney General’s Office, police said.