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Illinois Criminal Code of 1961

Article 11: Illinois Sexual Solicitation Law

Even if illegal sexual acts are not committed, a defendant can still be charged with a crime if he or she attempted to perform these acts. This section describes the crime of indecent solicitation of a child, which applies when a defendant has solicited a child with the intent to perform sexual acts. The term soliciting is defined broadly here and can include Internet requests, phone contact, or communication in person. If convicted of this crime, a defendant will receive a Class 4 felony sentence.

Even if a person arranges for a sexual assault to be committed, but does not participate in the assault themselves, the person can be charged with up to a Class X felony. This section of Illinois law also discusses the crime of indecent solicitation of an adult, which applies when a defendant has enabled an adult to sexually assault a child. Any oral or written communication that implies that the defendant arranged the assault is incriminating.

Lastly, if a defendant contacted a child and arranged to meet him or her without consent from the parents or guardians, he can be convicted of the crime of solicitation to meet a child. However, the meeting with the child must have been arranged for an unlawful purpose in order for a conviction to be possible. A skilled criminal defense lawyer could argue that the meeting was for a lawful purpose, thereby winning the client a Not Guilty verdict. Otherwise, a conviction carries a Class A Misdemeanor status.

Need an Illinois criminal defense attorney? If you've been charged with sexual solicitation in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 11 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 11

Sec. 11-6. Indecent solicitation of a child.
    (720 ILCS 5/11-6)

(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code.

(a-5) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed. (a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.

(b) Definitions. As used in this Section:

"Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.

"Child" means a person under 17 years of age.

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Sexual penetration" or "sexual conduct" are defined in Section 12-12 of this Code.

(c) Sentence. Indecent solicitation of a child under subsection (a) is:

(1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;

(2) a Class 2 felony when the act, if done, would be criminal sexual assault;

(3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.

Indecent solicitation of a child under subsection (a-5) is a Class 4 felony. (Source: P.A. 95-143, eff. 1-1-08.)

Sec. 11-6.5. Indecent solicitation of an adult.
    (720 ILCS 5/11-6.5)

(a) A person commits indecent solicitation of an adult if the person:

(1) Arranges for a person 17 years of age or over to commit an act of sexual penetration as defined in Section 12-12 with a person:

(i) Under the age of 13 years; or

(ii) Thirteen years of age or over but under the age of 17 years; or

(2) Arranges for a person 17 years of age or over to commit an act of sexual conduct as defined in Section 12-12 with a person:

(i) Under the age of 13 years; or

(ii) Thirteen years of age or older but under the age of 17 years.

(b) Sentence.

(1) Violation of paragraph (a)(1)(i) is a Class X felony.

(2) Violation of paragraph (a)(1)(ii) is a Class 1 felony.

(3) Violation of paragraph (a)(2)(i) is a Class 2 felony.

(4) Violation of paragraph (a)(2)(ii) is a Class A misdemeanor.

(c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 16D-2 of this Code. (Source: P.A. 88-165; 89-203, eff. 7-21-95.)

Sec. 11-6.6. Solicitation to meet a child.
    (720 ILCS 5/11-6.6)

(a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law. (b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child. (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D-2 of this Code. (Source: P.A. 95-983, eff. 6-1-09.)

   Return to Illinois Criminal Code of 1961 Table of Contents

DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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