There are several solicitation charges under Illinois law. The two that deal with adults are the indecent solicitation of an adult under § 720 ILCS 5/11-6.5, and solicitation of a sexual act under § 720 ILCS 5/11-14.1.
The indecent solicitation of an adult happens when a person knowingly arranges for a person over the age of 17 to commit an act of sexual penetration or sexual conduct with a child under the age of 13, or a child between 14 and 17 years of age. (§ 720 ILCS 5/11-6.5). The arrangements can be made through written or oral communication, including using a telephone or computer.
For the purposes of this law, sexual penetration is defined as having any contact or intrusion between sexual organs of one person with an object or sexual organ, mouth, or anus or another. It also includes oral sex, and there does not need to be any emission of semen in order to prove sexual penetration. (§ 720 ILCS 5/11-0.1).
Sexual conduct is defined as any knowing touching or fondling by the victim or the accused, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer of semen by the accused to any part of the body of the victim, for the purpose of sexual satisfaction or arousal of the victim or the accused. (§ 720 ILCS 5/11-0.1). The victim here may be clothed or unclothed during any touching or fondling.
Conviction for the offense can lead to serious penalties, making it critical to seek out the aid of a Chicago defense lawyer. The sentence for indecent solicitation of an adult involving sexual penetration can be a Class X or a Class 1 felony, while indecent solicitation involving sexual conduct can be a Class 2 felony, or a Class A misdemeanor, depending on the age of the victim. Class X felonies are extremely serious felonies in Illinois and can be punishable by up to 30 years in prison, with extended terms for qualifying convicted peoples being up to 60 years in prison.
This is an offense that would apply to “johns” who are caught with or arrested with prostitutes. A person may be charged with the solicitation of a sexual act for offering another person money or anything of value in exchange for that person to perform an act of sexual penetration or touching or fondling of sexual organs for sexual arousal or gratification. (§720 ILCS 5/11-14.1.). This offense does not apply to married spouses.
Solicitation of a sexual act is a Class A misdemeanor; if the person solicited is under 18 or is severely or profoundly intellectually disabled, the charge is a Class 4 felony. (§720 ILCS 5/11-14.1(b)). However, the accused has a defense if he or she reasonably thought the person he or she solicited was either over 18 years old, or was not severely or profoundly intellectually disabled.
If you or a loved one has been accused of solicitation, you need to contact a criminal defense attorney with experience defending sex crimes. Contact Chicago criminal defense attorney Steven Goldman for a consultation today.