In Illinois, it is a crime to promote prostitution. The Illinois Compiled Statutes (ILCS) defines the crime of promoting prostitution as follows in 720 ILCS 5/11-14.3:
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(720 ILCS 5/11-14.3)
Sec. 11-14.3. Promoting prostitution.
(a) Any person who knowingly performs any of the following acts commits promoting prostitution:
(1) advances prostitution as defined in Section
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(2) profits from prostitution by:
(A) compelling a person to become a prostitute;
(B) arranging or offering to arrange a situation
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in which a person may practice prostitution; or
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(C) any means other than those described in
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subparagraph (A) or (B), including from a person who patronizes a prostitute. This paragraph (C) does not apply to a person engaged in prostitution who is under 18 years of age. A person cannot be convicted of promoting prostitution under this paragraph (C) if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code.
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(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class 4
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felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(1), or any combination of convictions under subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
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(2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
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is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.
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(3) A violation of subdivision (a)(2)(C) is a Class 4
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felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(2)(C), or any combination of convictions under subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of this Section (promoting prostitution), 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
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If the court imposes a fine under this subsection (b), it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections.
(Source: P.A. 98-1013, eff. 1-1-15.)
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As can be seen from the above section of the Illinois Compiled Statutes addressing the crime of promoting prostitution, the charge is a serious one in that it is either a Class 4 felony or Class 3 Felony. Under Illinois law, the more serious class 3 felony charge comes into play for subsequent convictions, cases where the crime is allegedly committed near a school, or cases where the alleged prostitute is under the age of 18.
All of that means that the maximum prison term is either 3 years (if a class 4 felony) or 5 years (if a class 3 felony). In addition to the criminal liability, a conviction for promoting prostitution in Illinois can carry with it other serious consequences that can affect a person’s housing, employment, and other aspects of life. That makes it all the more important that a person accused of promoting prostitution consult with an attorney and properly handle their case.
by Attorney Eric D. Puryear