Indecent Solicitation of a Child

What Is Indecent Solicitation of a Child in Illinois?

Indecent solicitation of a child is defined in 720 ILCS 5/11-6. The statute makes it a felony for any person 17 or older to knowingly solicit a child, or someone they believe to be a child, to perform an act of sexual penetration or sexual conduct, with the intent that one of four serious sex offenses be committed.

The statute creates two separate paths to a conviction. Subsection (a) covers solicitation by any means: in person, over the phone, in writing, by computer, or by advertisement. Subsection (a-5) covers a narrower fact pattern that has become the most common one charged today, which is discussing sexual conduct or penetration with a child over the Internet, with the intent that aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.

A point that catches most people off guard: the offense is complete the moment the request or discussion happens. No meeting has to occur. No sexual contact has to happen. No image has to change hands. The conversation itself is the crime.

The Four Elements Prosecutors Must Prove

To convict you of indecent solicitation of a child, the State has to prove every one of the following beyond a reasonable doubt. Every element is also a place where a defense can be built.

• Age of the defendant. You were 17 years of age or older at the time of the alleged communication.
• The alleged victim. The other person was a child under 17, or you believed they were a child under 17. Whether they were actually a minor does not matter if you believed they were.
• The act. You knowingly solicited the child to perform an act of sexual penetration or sexual conduct, or, under subsection (a-5), knowingly discussed an act of sexual penetration or sexual conduct over the Internet.
• Specific intent. You acted with the specific intent that aggravated criminal sexual assault, [LINK: criminal sexual assault → /criminal-defense/sex-crimes/sexual-assault/], [LINK: predatory criminal sexual assault of a child → /criminal-defense/sex-crimes/predatory-sexual-assault/], or [LINK: aggravated criminal sexual abuse → /criminal-defense/sex-crimes/aggravated-sexual-abuse/] be committed.

The intent element is where many of these cases come apart. Words on a screen are ambiguous, context shifts meaning, and the specific intent the statute requires is a high bar.

Indecent Solicitation Versus Related Illinois Charges

Five Illinois statutes overlap in this area, and prosecutors often charge more than one in the same case. Understanding the differences matters because each carries different elements, different penalties, and different defense strategies.

Penalties and Felony Classification for Solicitation of a Minor

Indecent solicitation of a child is a felony in every form. The specific class depends on which underlying sex offense the State alleges you intended to be committed.

• Class 1 Felony: When the intended offense was predatory criminal sexual assault of a child or aggravated criminal sexual assault. 4 to 15 years in prison, up to $25,000 in fines.
• Class 2 Felony: When the intended offense was criminal sexual assault. 3 to 7 years in prison, up to $25,000 in fines.
• Class 3 Felony: When the intended offense was aggravated criminal sexual abuse. 2 to 5 years in prison, up to $25,000 in fines.
• Class 4 Felony: Internet-based solicitation under subsection (a-5). 1 to 3 years in prison, up to $25,000 in fines.

What “Sexual Conduct” and “Sexual Penetration” Actually Mean

The classification turns on which act was discussed or solicited, and Illinois law defines these two terms specifically in 720 ILCS 5/11-0.1.

Sexual penetration means any contact, however slight, between the sex organ or anus of one person and an object or another body part. It includes oral, anal, and vaginal contact. Emission is not required.

Sexual conduct is broader and covers any knowing touching or fondling of the sex organs, anus, or breast for the purpose of sexual gratification or arousal, including through clothing.

Which definition applies to your case directly determines whether you face a Class 1 or Class 3 felony. This is one of the first issues a defense attorney examines.

Probation Eligibility and Sentencing Enhancements

A Class 1 conviction carries a strong presumption against probation.

Class 2, Class 3, and Class 4 convictions may be probation-eligible depending on prior history, mitigation, and the specific facts. Sentencing can also be enhanced based on the age difference between the defendant and the alleged victim, the use of a computer or social media platform, and prior sex offense convictions.

Why “I Didn’t Know” and “I Never Met Them” Are Not Defenses

A common reaction to one of these charges is to assume the case will fall apart because the alleged victim was actually an undercover officer, or because no meeting ever happened, or because the defendant never personally intended to be the participant in the act discussed. The statute closes each of those doors directly.

Subsection (a-6) of 720 ILCS 5/11-6 specifies that it is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the defendant personally. In plain English, even if the defendant claims they were arranging an act between the child and someone else, the offense still applies.

Belief is also enough. The statute applies if the defendant believed the other person was under 17. The fact that the “child” was actually a 35-year-old officer in DuPage County’s Internet Crimes Against Children unit does not save the case.

And finally, the offense is complete on the discussion or request. Whether a meeting ever occurred, whether the conversation was abandoned, or whether the defendant deleted the messages afterward does not undo the charge.

Sex Offender Registration Consequences

For most clients, the prison term is not the part of the sentence that does the most lasting damage. Registration is.

A conviction for indecent solicitation of a child triggers mandatory registration under the Illinois Sex Offender Registration Act, 730 ILCS 150. The minimum registration period is 10 years from release from custody. If the conviction qualifies you as a “sexual predator” under the statute, registration is for natural life.

Once you are on the registry, your name, photograph, home address, employer, and other identifying information are published on a public Illinois State Police database that any neighbor, employer, landlord, or stranger can search. The practical consequences include:

• Residency restrictions that bar you from living within a specified distance of schools, parks, and other places where children gather
• Employment restrictions in any role involving contact with minors
• Public registry exposure that affects housing applications, professional licensing, and personal relationships
• Travel restrictions, including limits on international travel
• In-person reporting and verification requirements at fixed intervals for the duration of registration

How These Cases Are Built Against You

Indecent solicitation cases rarely start with a complaint from an actual minor. They start with one of three fact patterns, and recognizing which one applies to your case shapes the defense.

Sting Operations and Decoy Profiles

The single most common origin of an indecent solicitation case is a sting operation. Officers with the Illinois Internet Crimes Against Children Task Force and local police departments create decoy profiles on the platforms where minors actually spend time. They post age-appropriate-looking photos, set up profiles that suggest the user is a minor, and wait for adults to initiate contact.

Common platforms include Snapchat, Discord, Kik, Instagram, Facebook Messenger, and dating apps that have insufficient age verification. Once a conversation starts, the officer steers it toward sexual content, and prosecutors use the resulting transcripts as evidence.

Citizen Reports and Parental Complaints

A parent finds messages on a child’s phone. A school counselor sees something flagged by a content monitor. A former partner reports an old conversation. Each of these can trigger an investigation that ends in charges, sometimes weeks or months after the original communication.

A growing source of charges is so-called civilian “predator hunter” groups that use their own decoy accounts and then turn evidence over to police. These cases create distinct evidentiary issues because the chain of custody and the methods used to obtain the messages were not controlled by law enforcement.

Digital Evidence Collection

Once an investigation is open, law enforcement obtains a search warrant for the suspect’s phone, computer, and online accounts. Forensic examiners extract chat logs, deleted messages, image files, IP records, and metadata. Subpoenas to platforms produce subscriber information, login records, and message content the user may not have realized was retained.

Every step in this chain is a potential point of attack for a defense attorney. Warrants can be defective. Searches can exceed scope. Forensic methods can fail to follow protocol. Platforms can produce data that does not actually link to the defendant.

How DuPage County Prosecutes These Cases

These cases are prosecuted aggressively in DuPage County. Charges are filed by the DuPage County State’s Attorney’s Office, and felony cases are typically heard at the 18th Judicial Circuit Court in Wheaton. The State’s Attorney’s sex crimes prosecution unit handles these matters with experienced prosecutors who specialize in digital evidence and sex offense cases.

Patrick J. Weiland spent nearly 10 years as a DuPage County Assistant State’s Attorney before moving to private practice. He prosecuted serious felony cases in the same courtrooms where these matters are heard now. That perspective shapes how we evaluate a charging decision, identify weak points in the State’s evidence, and negotiate with prosecutors who often know him from the other side of the table.

We defend indecent solicitation of a child cases throughout DuPage County, Cook County, Kane County, Will County, and Kendall County.

Talk to a DuPage County Indecent Solicitation Defense Lawyer

If you have been charged with indecent solicitation of a child, or if you believe an investigation is underway, the next 48 hours matter more than any other window in your case. Evidence is being preserved against you right now. Statements you make can become exhibits at trial. Decisions you make about consent, communication, and counsel will shape every stage that follows.

Dolci Weiland & Sendlak has defended serious sex crime cases across DuPage County, Cook County, Kane County, Will County, and Kendall County since 1990. Your first consultation is free. We are available 24/7.

Call us at (630) 261-9098 or schedule a free consultation online.