Often referred to as the oldest profession, prostitution is still an offense that is prosecuted in Illinois. Both men and women can be charged with prostitution for knowingly performing, or offering or attempting to perform any act of sexual penetration in exchange for anything of value, for the purpose of sexual arousal or gratification. Fondling or touching the sexual organs or another person in exchange for money is also prostitution. (720 ILCS 5/11-14). Conviction for prostitution can often be aggressively challenged with the aid of an experienced Chicago defense attorney.
What is Sexual Penetration?
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 required in order to prove sexual penetration. (720 ILCS 5/11-0.1).
Prostitution is a Class A misdemeanor, punishable by up to one year in prison, and up to $2,500. A Class A misdemeanor is the last type of misdemeanor before a felony charge. However, probation, conditional discharge, and other non-prison sentences may be available, especially for first time offenders.
Promotion of prostitution is also an offense in Illinois, and a person knowingly performing certain acts may be prosecuted under 720 ILCS 5/11-14.3. These acts are;
- Advancing prostitution by:
- Soliciting for a prostitute – by arranging or offering to arrange meetings between people for the purposes of prostitution, or directing people to a place for the purposes of prostitution; and
- Keeping a place of prostitution – allowing prostitution to occur at a place the person promoting prostitution controls.
- Profiting from prostitution by the following and other means:
- Forcing someone to be a prostitute.
- Arranging situations for someone to practice prostitution.
A Chicago prostitution lawyer can explain how promotion of prostitution is generally a Class 4 felony unless the offense is performed near a school, in which case it is a Class 3 felony. Second or subsequent convictions of this offense or several other sex crimes listed in720 ILCS 5/11-14.3(b), also elevates the offense to a Class 3 felony. Class 4 felonies in Illinois carry a term of imprisonment of between 1 to 3 years, while Class 3 felonies carry a sentence of between 2 to 5 years. People convicted of felonies in Illinois may, in addition to the prison sentence, be required to pay fines of up to $25,000.
Under the Illinois prostitution law (720 ILCS 5/11-14(d)), if a person arrested for prostitution is deemed to be under the age of 18 after a police investigation, the person is immune from prosecution, and cannot be charged with an offense. However, the minor is taken into protective custody, and may end up in the custody of the Department of Children and Family Services. DCFS would then conduct an investigation into the child’s background to determine child abuse or neglect.
Reach Out to a Chicago Defense Attorney for Help
If you or someone you know has been accused of prostitution, it can be a very embarrassing charge. You may feel ashamed and think that not fighting the charge will make it go away faster. Before you make any statements to the police, contact Chicago’s experienced criminal defense attorney Steven Goldman for a consultation on your case.