Dupage County Lawyers

Prostitution Charges in Illinois

Prostitution and solicitation are aggressively targeted by law enforcement in Illinois and carry serious legal, professional and personal consequences.  It is a crime whenever sexual acts — such as sexual penetration or the touching of another’s sex organs to cause sexual arousal — are exchanged for payment or anything of value.  It is also a crime if you solicit for sex — asking someone who is not your spouse to perform a sexual act in exchange for something of value.

If you have been charged with a sex crime in Illinois, you face major penalties, possibly including jail time and fines of up to $25,000.  In addition to the social stigma, a conviction can bring a criminal record that will follow you and negatively impact your life. Due to the seriousness and complexity of Illinois criminal sex law, it is essential to get top-notch legal assistance as soon as possible.

The experienced Illinois prostitution and solicitation criminal defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements, and will work with you to mount the most effective defense possible. Since sex crime charges often involve circumstantial evidence that is difficult to prove, it is often possible to attack evidence, get charges dismissed or negotiate a plea. We offer a free consultation, so contact us for help today at 630-305-0222 if you have been accused of any sex crime charges.

What Are Illinois Laws?

The following are Illinois laws governing prostitution and solicitation:

  • Illinois Statutes Section 5/11-14 (prostitution) – Under the law, prostitution means knowingly engaging in a sexual act intended to result in arousal or gratification in exchange for payment. If you are a first-time offender, the charge is usually a Class A misdemeanor with a maximum fine of $2,500 and up to a year in jail. This become a Class 4 felony if the act was committed within 1,000 feet of a school or if there was a past conviction for prostitution.
  • Illinois Statutes Section 5/11-14.1 (solicitation of a sexual act) – Solicitation involves soliciting a sexual act for some form of payment from someone who is not one’s spouse.  It is treated more harshly than prostitution as it is regarded as taking advantage of another person.  Solicitation may be charged as a Class A misdemeanor and raised to a Class 4 felony if the other person involved in the act is under the age of 18 or profoundly intellectually disabled.
  • Illinois Statutes Section 5/11-14.3 (promoting prostitution) – Anyone who profits from the act of prostitution by forcing a person into prostitution, or facilitating or contributing to the act of prostitution, may be charged with promoting prostitution. This is a felony offense, and can be upgraded if the act of prostitution is committed within 1,000 feet of a school, if the person offering the act is less than 18 years of age or if the person is intellectually disabled.
  • Illinois Statutes Section 5/11-14.4 (promoting juvenile prostitution) — If juveniles are involved, this is a Class 1 Felony punishable by 4 to 15 years of imprisonment and up to $25,000 in fines. If committed within 1,000 feet of a school, or if the juvenile is under 13, it’s a Class X Felony punishable by between 6 and 60 years in prison and fines up to $25,000.
  • Illinois Statutes Section 5/11-18 (patronizing a prostitute) — This involves engaging in a sexual act with a prostitute or entering a location where prostitution occurs regularly, with the intention of engaging in sexual penetration. The charge is a Class 4 felony and may be upgraded to a Class 3 felony if there is a previous conviction for a similar charge or the act occurred within 1,000 feet of a school.
  • Illinois StatutesSection 5/11-18.1 (patronizing a minor engaged in prostitution) — This is a Class 3 Felony, and if committed within 1,000 feet of a school, it’s a Class 2 Felony punishable by 3 to 7 years in prison and up to $25,000 in fines.

Defending against Prostitution or Solicitation Charges

There are several approaches to defending prostitution charges, including:

  • Age – Illinois exempts anyone under age 18 from prosecution for prostitution and solicitation.
  • Lack of intent
  • Coercion
  • Duress
  • Entrapment
  • Invasion of privacy.

In order to prove charges, prosecutors must show actual evidence that the parties were going to engage in sexual activity in exchange for something of value, not just that they were merely engaging in sexual activity. In addition, in cases where law enforcement personnel set up a sting operation, using undercover officers to coerce a solicitation, evidence may have been collected illegally and individual rights may have been violated. If a vulnerable person was led into circumstances where they were charged with prostitution, the courts may show leniency and impose alternative sentencing options.

First offenders with an otherwise clean record may be offered “deferred prosecution” which delays a case, subject to certain conditions, such as participation in a brief diversion program and/or completion of community service. If these conditions are met, the charges may be dropped and the case dismissed.

Victims of sex trafficking can file a motion to vacate conviction, regardless of how long ago they were convicted.

Expungement and Sealing

Prostitution arrests made in Illinois can be expunged or sealed from your criminal record, including cases that resulted in Class-4 Prostitution felony convictions, which could be charged before August, 2013, but not since. These processes either remove offenses from a person’s criminal history or shield offenses from viewing by prospective employers.

Expungement either destroys a person’s entire arrest records or returns them to the individual. Sealing or permanent record removal is available to people who complete special felony drug probation and other felony diversion programs. Sealing clears the record of an individual arrest and allows only law enforcement agents, courts, and select employers to have access to felony records, and only by court order.

Put Your Trust In Us — Contact Wolfe & Stec, Ltd. for a Free Consultation.

If you have been charged with any prostitution or solicitation crime in Illinois, you need to hire the best criminal defense attorney that you can find.  The experienced and seasoned Illinois criminal sex crimes defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation.  We work with our clients throughout the criminal process to develop an effective defense strategy and determine whether to take a case to trial. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties, rights, and your ability to find employment.

We are aggressive litigators and will answer all your questions and make sure you fully understand the facts surrounding your case.  We represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, and the greater Chicagoland area.

Delaying can only make your situation worse, so contact us and call 630-305-0222 today to schedule your free initial consultation.