By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 04, 2024
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In the state of Illinois, the act of prostitution is a low-level misdemeanor. The offense becomes more serious for those who make a living from inducing others to buy or sell the sexual services of others.
Illinois law exempts those under 18 years of age from prosecution for any prostitution-related offense (Illinois Statutes § 5/11-14(d)).
Illinois' prostitution statute (ILCS § 5/11-14) defines prostitution as knowingly performing, offering, or agreeing to perform any act of sexual penetration, including touching or fondling the sex organs of one person by another person for purposes of sexual arousal or gratification in exchange for anything of value.
Sexual acts exclude any emergency procedures, consensual sexual encounters, and sexual assault.
Performing sexual acts for value can't happen without a purchaser. Illinois law has criminal charges for those who provide a market for the sale of sex.
Solicitation of a sexual act (Illinois Statutes Section 5/11-14.1) happens when a person offers anyone not their spouse any item of value for sexual acts. If they know the other person is a sex worker, the crime is patronizing a prostitute (ILCS § 5/11-18).
Owning or maintaining a place of prostitution (i.e., a brothel) is illegal in Illinois, as in most states. "Advancing prostitution" (ILCS § 5/11-14.3 Promoting Prostitution) includes all types of making a profit from prostitution, including:
Juvenile prostitution gets harsher treatment than adult prostitution. The state doesn't charge juveniles (under 18) for prostitution. Promoting juvenile prostitution is a Class X felony, the most serious type of felony crime in Illinois (§ 5/11-14.4). Patronizing a minor engaged in prostitution is a Class 3 felony (§ 5/11-18.1).
Human trafficking (ILCS 720 § 5/10-9) for sexual or other purposes is not considered a sex crime in Illinois. Human trafficking for involuntary servitude (slavery) or any sexual purpose is a Class X felony. It is kidnapping and a crime against a person.
Prostitution is a Class A misdemeanor for first-time offenders. Like most crimes, it becomes a felony with subsequent offenses or under certain circumstances.
Class A misdemeanors are punishable by less than a year in prison and up to $2,500 in fines
Class 4 felonies are punishable with one to three years in prison and up to $25,000 in fines
Class 3 felonies are punishable with two to five years in prison
Class 1 and Class X Felonies are the highest felony levels in Illinois. A Class 1 felony is punishable with 4-15 years in prison. Class X felonies may get 6-60 years in prison.
Prosecutors may offer deferred prosecution for first offenses if a defendant has no prior convictions for prostitution or solicitation. Deferred prosecution allows defendants to avoid jail time by completing other conditions such as drug treatment or mental health therapy.
Possible defenses to a prostitution charge or solicitation charge can include:
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.
Prostitution charges can leave you with a criminal record and a jail sentence. If you're looking at a prostitution-related charge, you need help from an experienced Illinois criminal defense attorney.
Contact a qualified attorney.
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