Solicitation under Illinois criminal law deals with sexual crimes. Often, solicitation involves directly propositioning an escort, prostitute, or minor for sexual acts. But how is solicitation defined by Illinois law? Does the solicitation need to be in-person for the crime to be committed? Can you be charged with solicitation if you’ve never met in person?
What is Solicitation?
Under Illinois law, “solicitation” is defined as the act of commanding, authorizing, urging, inciting, requesting, or advising another individual to perform a sex act. The act of solicitation may be conducted “by any means”, including but not limited to:
- In person
- Over the phone
- In writing
- Via a computer
- By advertisement of any kind
Can You Be Charged with Solicitation If You Never Meet in Person?
Since Illinois law stipulates that the act of solicitation may be conducted via any means, including through a computer, advertisement, in writing or over the phone, a person does not need to have actually meet the person in order to be charged with the offense.
Types of Solicitation Crimes in Illinois
Indecent Solicitation
Indecent solicitation occurs when an individual of the age of 17 or older knowingly solicits to commit any act of sexual conduct with a child under the age of 17 years of age. The arrangements can be made either through written or oral communications, including, but not limited to, using a phone or computer.
Indecent solicitation charges vary in severity, making it critical that you contact an experienced criminal defense attorney if charged. Depending on the severity of the charge, indecent solicitation could be classified as anywhere from a Class A misdemeanor to a Class 1 or Class x felony, punishable by an extensive prison sentence.
Solicitation of a Sexual Act
Solicitation of a sexual act is an offense which applies to those caught with a prostitute. An individual might be charged with the solicitation of a sexual act for offering another person either money or anything of value in exchange for that person performing a sexual act. This offense, however, does not apply to married spouses.
In Illinois, solicitation of a sexual act is classed as a Class A misdemeanor. However, if the individual solicited is under the age of 18, or is intellectually disabled or handicapped, the charge may be classified as a Class 4 felony instead.
Experienced Chicago Criminal Defense Attorneys
Have you been arrested by Chicago police or other another police department for solicitation? If so, you need an experienced defense attorney who is willing to fight for your rights. Solicitation and prostitution crimes may be classed as misdemeanors, local ordinances, or felony charges depending upon the circumstances of the arrest and the criminal history of the defendant. However, charges such as these are severe and can have life-long effects not only on the criminal record but on the personal and professional life of the person charged as well.
The attorneys at Mitchell S. Sexner & Associates LLC have more than 30 years of experience defending our clients from criminal charges. We understand the complexities of sex crime cases, including solicitation. Give us a call today at (312) 644-0444 for a free, no-obligation consultation.
