Illinois Solicitation of a Sexual Act

The Law – 720 ILCS 5/11-14.1

A person commits Solicitation of a Sexual Act when they offer a person not his or her spouse any money, property, token, object, or article or anything of value for that person to perform any act of sexual penetration, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification.

Along with laws prohibiting the solicitation of a prostitute, Illinois makes it illegal for individuals to solicit sexual acts from individuals who are not engaged in the act of prostitution. In addition to prohibiting the offering of money for a sexual act, the law prohibits the offering of any item object in exchange for a sexual act. This law applies both to the one seeking the sexual act, or the one seeking the money or other item of value.

Furthermore, the law prohibits a person who is convicted of Prostitution from also being convicted of Solicitation of a Sexual Act if the act leading to the Prostitution conviction consists only of the accused’s own act of Prostitution.

Finally, the law provides an affirmative defense to the offense if the charged individual was under the age of 18, or if the charged individual suffered from severe or profound intellectual disability at the time of the offense if the accused reasonably believed the victim was over the age of 18 or was not a person with a severe or profound intellectual disability.

The SentenceCLASS A MISDEMEANOR

- Up to 364 days in county jail

- Fine of up to $2,500

Probation Possible? Yes.

Supervision Possible? Yes.

CLASS 4 FELONY IF:

- Victim was under the age of 18

- Victim suffered from severe or profound intellectual disability

Probation Possible? Yes.

Supervision Possible? No.

Sex Offender Registration Requirement? No.

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