"An accused child pornographer shoves a former crack dealer out of the #1 spot..."

[AKA2D '91]

(CNN) -- Chart-topping R&B star R. Kelly has been indicted on child pornography charges based on a videotape police said shows Kelly having sex with an underage girl, officials announced Wednesday.

An Illinois grand jury charged Kelly with 21 counts of child pornography based on the videotape, which police said was recorded sometime between November 1997 and February. Investigators said the girl depicted in the video was born in September 1984, which would make her 17 now.

Chicago Police Superintendent Terry Hillard said FBI evidence technicians have examined the videotape and consider it authentic.

"It's unfortunate to see Mr. Kelly's talents go to waste, but it becomes a tragedy when behavior damages the community," Hillard said.

Kelly was not in custody Wednesday afternoon, Chicago police said. An attorney for the Grammy-winning singer said his client is currently out of town, and will present himself to police "whenever and wherever" they tell him to.

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If convicted, Kelly -- whose first name is Robert -- faces a prison term of up to 15 years and a fine of up to $100,000. His lawyer, Ed Genson, said he would disprove the child pornography charges.

"The charge is that there's a young lady under the age of 18 on that tape and there isn't," Genson told The Associated Press. "That's simply the stance that I'm taking. We're going to court and we'll disprove that she was underage."

The girl's family members also have denied that she is featured on the video, Genson said.

The Chicago Sun-Times received the videotape earlier this year. The newspaper passed the tape along to the sex crimes unit of the Chicago Police Department, which investigated. Illinois law prohibits producing or disseminating child pornography or soliciting a minor to participate in sex acts on tape or film.

Hillard warned that anyone who has bought or is selling copies of the tape is in possession of child pornography. "It would be my advice to you to dispose of these tapes," he said.

Cook County State's Attorney Richard Devine said the sex acts on the video occurred in Kelly's home in Chicago.

"The indictments hopefully will send a message to sexual predators ... [that] taking advantage of minors will not be tolerated and there are severe penalties," he said.

The Grammy-winning Kelly is known for inspirational hits such as "I Believe I Can Fly," but also raunchy ones like "Feelin' On Yo Booty." He has also worked as a producer with Celine Dion, Michael and Janet Jackson, and the Isley Brothers.

Kelly has said he has not seen the video.

Last month, speaking on the BET cable program "BET Tonight with Ed Gordon," he denied various allegations involving the tape.

"I want America to know that you can't believe everything you hear, and nowadays, you can't believe everything you see," he said.

"I've done a lot of wrong things in my life, but I'm not a criminal, I'm not a monster."

Kelly has previously settled lawsuits brought by two women who accused him of having sex with them when they were minors. Documents have also shown that Kelly married the late singer Aaliyah, his former protege, when she was just 15. The marriage was later annulled.

A third lawsuit was filed recently by a Chicago woman who accused Kelly of impregnating her when she was a teen-ager and forcing her to have an abortion.

Kelly is married to a former dancer from his touring troupe. The couple have a newborn son and two young daughters.