Chicago and the State of Illinois aggressively target prostitution crimes with special task forces, increasing your chances of getting charged with one of these offenses, even if you are just in the wrong place at the wrong time. These crimes have serious legal consequences, especially when minors are involved. When your criminal charge becomes public knowledge, you face judgment from other people in your community, convicting you in the court of public opinion even before your trial.
In Illinois, prostitution charges stem from performing an act of sexual penetration, touching, or fondling the sex organs of another person in exchange for something of value. "Something of value" can be money, but may also be drugs, alcohol, cell phones, jewelry, or anything else with value.
Someone who offers another person who is not their spouse an item of value in exchange for performing an act of sexual penetration, touching, or fondling the sex organs for the purpose of sexual gratification or arousal may be charged with solicitation.
The charges you face depend on the details of your case, including the ages of the parties involved, the parties' intellectual capacity, and the location of the alleged act. These details can make a huge difference in the amount of jail time you face.
If you have been charged with a prostitution crime in Chicago or DuPage County, the lawyers at Dolci & Weiland are prepared to fight for you. As former prosecutors with over 45 years combined experience, they provide aggressive legal representation to defend your future.
Prostitution in Illinois
In Illinois, a person can be charged with Prostitution if they agree to perform any act of sexual penetration, touching, or fondling of the sex organs for the purpose of sexual arousal in exchange for anything of value.
A victim of human trafficking or held in servitude who performs sexual acts in exchange for something of value is not guilty of prostitution.
To be convicted, the prosecutor must prove beyond a reasonable doubt that you knowingly offered or agreed to perform a sexual act in exchange for something of value. Without all of these elements, the crime of Prostitution did not occur.
Prostitution is a Class A misdemeanor.
Solicitation of a Sexual Act in DuPage
Offering a person who is not your spouse anything of value in exchange for sexual penetration, or touching or fondling of the sex organs for the purpose of sexual arousal or gratification can result in a charge of Solicitation of a Sexual Act. Like Prostitution, Solicitation of a Sexual Act is a crime with many elements, and if the prosecutor does not prove beyond a reasonable doubt that all these elements existed, the crime of Solicitation of a Sexual Act did not occur.
Solicitation of a Sexual Act is a Class A misdemeanor, unless the other person is under age 18, has a profound intellectual disability, or when the act occurs within 1,000 feet of a school. In these cases, you could be charged with a Class 4 Felony.
Promoting Prostitution in Chicago
If you force or urge someone over age 18 to participate in prostitution, or if you arrange for someone over age 18 to exchange sexual acts for an item of value, you can be charged with Promoting Prostitution. This is a Class 4 Felony, but becomes a Class 3 Felony if the act occurs within 1,000 feet of a school.
Promoting Juvenile Prostitution
A person faces Promoting Juvenile Prostitution charges if they profit from a minor's prostitution or if they force a minor to perform sexual acts in exchange for something of value. This is a Class 1 Felony, but becomes a Class X Felony in the following circumstances:
- The act occurs within 1,000 feet of a school
- Confining the minor against their will and threatening to harm them
- Giving the minor alcohol, another intoxicating substance, cannabis, or methamphetamine
- The minor is under age 13
- This is your second or subsequent offense.
Patronizing a Prostitute
Patronizing a Prostitute is a separate offense from Soliciting a Prostitute. Illinois law prohibits a person from engaging in an act of sexual penetration, touching, or fondling sex organs with a prostitute, or entering and remaining in a place of prostitution with the intent of engaging in an act of sexual penetration. This is a Class 4 Felony, but becomes a Class 3 felony when the act occurs within 1,000 feet of a school or if this is your second or subsequent conviction of a prostitution-related crime. You could potentially face Soliciting a Prostitute and Patronizing a Prostitute charges from the same incident.
Patronizing a Minor Engaged in Prostitution
A person is charged with Patronizing a Minor Engaged in Prostitution if they perform any act of touching or fondling sex organs for the purpose of sexual gratification or arousal. The victim must be under 18 years of age or have a profound intellectual disability and be working as a prostitute. To be convicted, the prosecutor must prove that all three elements of this crime occurred during the incident. This crime is a Class 3 Felony, but becomes a Class 2 Felony if the act occurs within 1,000 feet of a school.
Protect Your Future with Excellent Legal Representation From Dolci & Weiland
Prostitution crimes in Illinois are very serious charges –especially those involving minors– so you need a seasoned defense attorney to prepare a strategic and creative defense for you. At Dolci & Weiland, our criminal defense lawyers will answer any questions you have, provide you with all viable legal options, and prepare the strongest defense for you.
If you have been charged with a prostitution crime in Chicago or DuPage County, time is of the essence and it is critical that you contact a criminal defense lawyer immediately. Fill out an online case evaluation form or call office closest to you today. For our downtown Chicago office, call (31) 238-9007, and for our DuPage office, call (630) 261-9098.