by Attorney Eric D. PuryearSolicitation of a sexual act is prohibited by 720 ILCS 5/11-14.1 in Illinois. The Illinois Compiled Statutes defines Solicitation of a sexual act as the crime committed by any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act.
Under Illinois law, Solicitation of a sexual act is a Class A misdemeanor, which means the maximum penalty is a year in the county jail, a fine of up to $2,500, and a term of probation. However, a conviction for solicitation of a sexual act from a person who is under the age of 18 or who is a person with a severe or profound intellectual disability is a Class 4 felony, which means that up to a 3 year prison term can be imposed by the court.
As with other Illinois laws concerning prostitution, there are defenses that can be raised which relate to a person’s knowledge, intent, and age. However, speaking to the police after being arrested can make it more difficult to assert those defenses later in court. For that reason, a person charged with solicitation of a sexual act is well advised to exercise their right to remain silent, and promptly consult with an attorney.