Prostitution Crimes in Illinois
A 29-year-old Woodstock, Illinois woman was recently arrested for offering sexual acts in exchange for money to an undercover police officer. At the time, two of her children were home. They have since been placed with Illinois Department of Children and Family Services. An investigation into her activities began in October after complaints by neighbors about suspicious activity at her apartment. The Woodstock police and the McHenry County sheriff’s Narcotics Task Force carried out an operation in which an undercover officer met with the woman. The officer contacted her after she posted online about prostitution. The woman has been charged with two counts of endangering the life and health of a child, one count of prostitution, one count of possession of drug paraphernalia, and one count of possession of cannabis, all of which are misdemeanor offenses.
Under Illinois law, the offense of prostitution is committed by performing, offering, or agreeing to perform a sexual act, for the purpose of sexual arousal or gratification, in exchange for anything of value. Prostitution is a Class A misdemeanor, punishable by any combination of:
- Up to one year imprisonment;
- Up to two years probation; and
- A fine of up to $2,500.
Formerly, if prostitution was committed within 1,000 feet of a school, or if it was a second or subsequent offense, it was a Class 4 felony. However, the law has been amended to abolish felony prostitution.
Solicitation of a Sexual Act
Another offense in Illinois is the solicitation of a sexual act. Solicitation is committed when a person offers someone who is not his or her spouse anything of value in exchange for a sexual act. Solicitation of a sexual act is a Class A misdemeanor in Illinois. However, if the person being solicited is a minor or is severely intellectually disabled, then the offense is a Class 4 felony. Class 4 felonies are punishable by any combination of:
- One to three years imprisonment;
- Up to thirty months probation; and
- A fine of up to $25,000.
However, the reasonable belief that the solicited party was over 18 or was intellectually capable is a defense to the charge of juvenile solicitation, and the defendant would be guilty only of adult solicitation.
Patronizing a Prostitute
It is a more serious offense in Illinois to visit a prostitute. The offense of patronizing a prostitute consists of either:
- Engaging in any sexual act with a prostitute; or
- Entering or remaining in a place of prostitution, intending to engage in sexual penetration.
Patronizing a prostitute is a Class 4 felony. However, if it occurs within 1,000 feet of a school, or is a second or subsequent violation, it becomes a Class 3 felony, punishable by any combination of:
- Two to five years imprisonment;
- Up to 30 months probation; and
- A fine of up to $25,000.
In the event of a conviction for any of these offenses, or for attempt to commit any of these offenses, any educator license or teaching certificate will be suspended. Upon the conviction becoming final, meaning that it can no longer be appealed, these licenses will be revoked permanently.
If you have been charged with a prostitution-related offense, the advice of an experienced and dedicated attorney is essential. Please contact the skilled Naperville criminal defense attorneys at Law Office of Glenn M. Sowa, LLC for an initial consultation.