Prostitution refers to exchanging sexual acts or services for anything of value, including money. It is a complex problem that generally poses gender-based violence, exposing women to sexual, physical, and emotional harm.
In Illinois, prostitution is classified as a Class A misdemeanor. It is punishable by up to 364 days in jail with a fine of up to $2,500. If you have a prior criminal conviction of prostitution, you will likely face harsher penalties, including felony charges.
Are you looking for an experienced Chicago prostitution attorney? The Hirsch Law Group is a reputable law firm with years of experience in such cases. Book a free consultation with us and work with a Chicago prostitution lawyer.
In Illinois, prostitution is illegal under 720 ILCS 5/11-14. Prostitution allegations arise when an individual engages in an act involving sexual penetration, touching, or caressing another person’s sexual organs in return for “something of value.” This consideration can be money and even extends to substances such as drugs or alcohol and items like cell phones and jewelry.
The law also prohibits asking for a sexual act. So, anyone patronizing or soliciting a prostitute is promoting prostitution and may face Chicago prostitution charges.
The penalties for prostitution-related charges depend on the circumstances of the case. It also depends on whether a person has been arrested or charged with violent crimes. The penalties include:
First Offense: As noted above, this is a Class 4 misdemeanor. You face up to a 364-day jail sentence and a fine of up to $2,500. A first offense is when the defendant has no prior convictions for prostitution. However, committing an offense of prostitution within 1,000 feet of a school becomes a Class 4 felony.
Second Offense: This is a Class 4 felony. You will likely face one to three years in prison and a fine of up to $25,000. A second offense is when you have one prior conviction for Chicago prostitution-related charges.
Solicitation of a Sexual Act: This is a Class A misdemeanor. However, it is classified as a Class 4 felony if the person you solicit is below 18 years of age or a severely or profoundly intellectually disabled person.
Patronizing a Prostitute: This is a Class 4 felony. If you commit it within 1,000 feet of a school, it becomes a Class 3 felony punishable by two to five years in prison and a fine of up to $25,000.
Promoting Prostitution: It is a Class 4 felony and is categorized as Class 3 felony if committed within 1,000 feet of a school.
If the prostitute is below 18, it becomes a Class 1 felony punishable by up to four to fifteen years in prison and a fine of up to $25,000. Promoting prostitution is a Class X felony if the crime occurs within 1,000 feet of a school. Class X felonies are severely punished and have a hefty prison sentence lasting between six to thirty years.
Illinois law holds you guilty of promoting prostitution by knowingly indulging in activities including:
Profiteering from compelling an individual to become a prostitute.
Arranging, managing, or supervising prostitution activities.
You are also likely to face other consequences besides the penalties discussed above. These include:
Probation or court supervision.
Community service or counseling.
Restrictions for offenders. For instance, they may face challenges with respect to employment, education, and housing.
Damage to your reputation and relationships.
To prove that you are guilty of prostitution, soliciting, or patronizing, the prosecution will try to prove that you:
Knowingly performed a sexual act
Offered to perform a sexual act
Agreed to perform a sexual act
Asked for money for the performance of a sexual act
Paid for a sexual act
If you are facing a prostitution charge, consider hiring a Chicago prostitution attorney from the Hirsch Law Group. We can protect your constitutional rights and interests throughout the complex legal process.
Here are some ways our team of prostitution defense attorneys can help you:
Reviewing your prostitution case and explaining the legal options.
Performing an independent investigation while gathering evidence for your defense.
Challenging the validity of the evidence used by the prosecution.
Filing motions to suppress evidence, change venue, or reduce charges.
Negotiating for a favorable plea bargain.
Representing you at trials, motions, and hearings.
An experienced criminal defense attorney from the Hirsch Law Group can help you raise defenses to challenge the prosecution’s case. Depending on the facts and circumstances of the case, these include:
Entrapment: This occurs when a police officer entices you to commit a crime you would otherwise not commit. To prove this, we can demonstrate that law enforcement persuaded or induced you to commit the crime.
Mistake: This defense is for instances where you did not intend to commit the crime. For instance, you were unaware that the person you were talking to was a prostitute. We can also use this defense if there is no agreement to exchange money for sexual acts.
Lack of Evidence: We can challenge the prosecution’s evidence as insufficient or unreliable. This defense is also valuable when the evidence was obtained illegally.
Consent: This defense is used to argue that you engaged in consensual sex, meaning there was no exchange of money or property. An example of this is when you are dating a person. You may also use this defense if you did not pay or receive anything for the sexual act.
Prostitution charges have serious consequences. They include jail time, fines, and other legal and social repercussions. You may also suffer emotional distress due to the stigma and discrimination attached to the crime.
The Hirsch Law Group helps clients with prostitution cases in Chicago. We have experience representing clients facing charges such as prostitution, solicitation, and patronization of prostitutes.
Don’t let prostitution charges ruin your life. At Hirsch Law Group, our lawyers can protect your rights and interests. Contact us today and book a free case evaluation.