New 2025 Laws Regarding Prostitution in Illinois

 Posted on January 15, 2025 in Sex Crimes

Although it seems surreal that it is even a conversation, police departments across the state may soon be required to implement policies that prohibit officers from having sex with a person they are investigating for prostitution. Other proposed changes regarding the criminal offense of prostitution are detailed below.  

House Bill 4410 cleared the General Assembly this week, so following a signature from the governor making it the law, police departments would have until July 1 to fully implement the law into department policy. Prostitution is a criminal offense with penalties and consequences that can impact a person’s life for a very long time. If you are charged with prostitution, it can be extremely helpful to speak to a knowledgeable Oakbrook Terrace, IL sex crimes attorney.  

Other Changes to the Crime of Prostitution

Other proposals that pertain to prostitution in Illinois include:

• The term "juvenile prostitution" will be replaced with "sexually exploited child."
• The term "prostitute" will be replaced with "person engaged in the sex trade."
• A record for a Class 4 felony conviction for prostitution must be sealed by state law enforcement agencies by January 1, 2028, for those who are eligible. (One example is a victim of human trafficking).  

What Is the Crime of Prostitution?

A person who engages in touching or fondling the sex organs of another person or performs an act of sexual penetration in exchange for something of value can be charged with prostitution. The "something of value" is not only money. An exchange of jewelry, alcohol, cell phones, drugs, or anything else that has monetary value for sex acts can result in charges of prostitution.

A victim of human trafficking who performs sexual acts in exchange for something of value is not guilty of prostitution. A prosecutor must show beyond a reasonable doubt that a person knowingly offered or agreed to perform a sexual act in exchange for something of value, or the offense of prostitution cannot be charged.

What Are the Penalties for Prostitution?

A first-time conviction for prostitution is usually a Class A misdemeanor that carries punishments of up to a year in prison, although judges have the discretion to sentence a defendant to up to 24 months of probation.  If prostitution occurs within 1,000 feet of a school, the charges can be escalated to a Class 4 felony, punishable by one to three years in prison. Second or subsequent prostitution charges will be charged as a Class 4 felony.  

Are There Defenses to Prostitution?

While there are few defenses to prostitution, an attorney will consider the circumstances and facts of the case before determining the best defense. Some of the more common defenses to prostitution include:

•  Entrapment is a commonly used defense because many prostitution arrests are made with the help of undercover agents who may lure an otherwise law-abiding person to engage in prostitution.
• Legal impossibility is a defense that is alleged when the intended acts do not amount to a crime – such as when a person engages in a sexual conversation with a fictitious minor who is actually an undercover agent.
• Lack of sufficient evidence may be used when there is no recorded evidence of an agreement to engage in prostitution.
• There was no act in furtherance of an agreement to engage in sexual activity.
• The police made mistakes during the arrest or violated constitutional rights.

Contact a Chicago, IL Defense Lawyer

If you are facing charges for a sex crime, a conviction can have devastating consequences. Speaking to a Rolling Meadows, IL defense attorney can help you determine the right course of action for the best possible outcome. Attorney Hartsfield has a very diverse background that benefits his clients.

Attorney Hartsfield has represented indigent defendants at the Will County Public Defender’s Office and taught courses to pre-trial detainees at the Cook County Department of Corrections as an educator for the City Colleges of Chicago. Contact Hartsfield Law at 312-345-1700 to schedule your free consultation.