Prostitution, Pimping, and Pandering Laws in Illinois

Prostitution and a variety of acts related to it are crimes under Illinois law. In addition to criminal penalties, some prostitution-related crimes require the defendant to register as a sex offender and carry other consequences.

Is Prostitution Legal in Illinois?

No. Prostitution and related offenses are illegal in Illinois. The state makes it a crime to:

• work as a prostitute
• solicit or patronize a prostitute
• profit from another working as a prostitute, or
• advance prostitution.

The law defines "prostitution" as performing, offering to perform, or agreeing to perform a sexual act for anything of value. Sexual acts include sexual penetration or touching or fondling of sexual organs for sexual arousal or gratification.

Below we review the penalties for these prostitution crimes.

What Are the Penalties for Prostitution in Illinois?

In Illinois, it's a crime to perform, offer to perform, or agree to perform a sexual act for anything of value.

Prostitution is a Class A misdemeanor, punishable by up to a year of jail time, two years of probation, and fines. In some counties, a person arrested for prostitution can enter into a problem-solving court that focuses on the underlying causes of the criminal behavior and offers services to address these issues.

Safe Harbor for Child Prostitutes

Illinois doesn't allow the prosecution of children arrested for prostitution. Rather, these children may be placed in temporary protective custody. The authorities must investigate whether the child is a victim of abuse or neglect.

Defense for Trafficking Victims

A trafficking victim can raise their victim status as a complete defense to prostitution charges.

(720 Ill. Comp. Stat. 5/11-14 (2024).)

What Are the Penalties for Solicitation of a Sexual Act in Illinois?

Whenever someone offers another person (who's not their spouse) anything of value in exchange for sexual conduct, they've solicited a sexual act.

This offense is a Class A misdemeanor, but it becomes a Class 4 felony if the defendant has solicited a minor or someone who is severely or profoundly intellectually disabled. Class A misdemeanors carry up to a year of jail time, two years of probation, a fine up to $2,500, or a combination of these. Class 4 felonies can mean prison time of one to three years.

(720 Ill. Comp. Stat. 5/11-14.1 (2024).)

What Are the Penalties for Patronizing a Prostitute in Illinois?

Patronizing a prostitute (not their spouse) is a felony that involves:

• engaging in a sexual act with a prostitute, or
• entering or remaining somewhere prostitution occurs while intending to engage in sexual penetration.

The penalties for patronizing a prostitute depend on the age of the prostitute, where the offense occurred, and whether the defendant has prior related convictions.

Patronizing an Adult Engaged in Prostitution

Patronizing an adult prostitute starts as a Class 4 felony. If the offense occurred within 1,000 feet of a school, it's a Class 3 felony. A second or subsequent patronizing conviction, or a patronizing conviction after a conviction for a crime related to prostitution, is also a Class 3 felony.

Patronizing a Minor Engaged in Prostitution

Patronizing a juvenile prostitute (younger than 18) carries Class 3 felonies, as does patronizing a person with a severe or profound intellectual disability. When this offense occurs within 1,000 feet of a school or is a repeat prostitution conviction, the penalty increases to a Class 2 felony.

This crime allows a defendant to raise a defense based on reasonable mistake of age or disability.

Penalties for Patronizing Crimes

Class 2 felonies are punishable by three to seven years in prison. Class 3 felonies carry two to five years of prison time, and a person convicted of a Class 4 felony faces one to three years behind bars.

(720 Ill. Comp. Stat. 5/11-18, 5/11-18.1 (2024).)

What Are the Penalties for Promoting Prostitution in Illinois?

Promoting prostitution involves third parties who profit from or advance prostitution in some way.

It occurs when a person profits from another's prostitution by:

• forcing the person to become a prostitute
• arranging or offering to arrange a situation in which someone can practice prostitution, or
• any other means.

Promoting prostitution may also be committed by "advancing prostitution," which occurs when someone, acting other than as a prostitute or customer, does any of the following:

• tries to convince another person to take part in prostitution
• arranges or offers to arrange a prostitution meeting
• directs another person somewhere for the purposes of prostitution, or
• allows a place under their control to knowingly be used for prostitution or when circumstances suggest the place will or is being used for prostitution.

Penalties for promoting prostitution vary depending on the age and status of the victim, where the act occurred, and whether the defendant has prior prostitution convictions.

Promoting Prostitution of Juveniles or Disabled Individuals

The harshest penalties apply when a defendant promotes the prostitution of a minor or an individual with a severe or profound intellectual disability. These crimes start as Class 1 felonies and increase to Class X felonies when any of the following apply:

• the offense occurs within 1,000 feet of a school
• the defendant profits from the prostitution of someone under the age of 13
• the defendant confines the victim against their will through the use or threat of violence or by administering drugs or alcohol, and compels them to engage in prostitution, or
• the defendant has prior prostitution-related convictions.

A defendant who didn't have a reasonable opportunity to observe the victim can raise this factor as a defense that they did not know the victim's age or disabled status. However, this defense is not available to someone who has confined a victim through violence or drugs.

Other Promoting Prostitution Offenses

All other promotion offenses are Class 3 or 4 felonies. Class 3 felonies apply when the offense occurred within 1,000 feet of a school or the defendant has prior prostitution-related convictions.

Penalties for Promoting Prostitution Offenses

Class X felonies carry penalties of 6 to 30 years of prison time. However, for offenses involving unlawfully restraining or drugging a person, the top end goes up to 60 years. A person convicted of a Class 1 felony faces 4 to 15 years of prison time. For a class 3 felony, the potential prison sentence ranges from 2 to 5 years, and for class 4 felonies, it's one to 3 years.

(720 Ill. Comp. Stat. 5/11-0.1, 5/11-14.3, 5/11-14.4 (2024).)

Additional Consequences of Promotion Crimes in Illinois

Illinois law imposes additional consequences for those who commit certain offenses relating to the promotion of prostitution.

Forfeiture Provisions

Property used in the course of committing certain offenses—such as promoting juvenile prostitution or keeping a place of juvenile prostitution—is subject to forfeiture. This means, for example, that someone who uses a house for minors to engage in prostitution may have to forfeit (give up) the house to the government if convicted.

(720 Ill. Comp. Stat. 5/11-14.4, 725 Ill. Comp. Stat. 5/124B-10, 5/124B-100 (2024).)

Sex Offender Registration

Certain prostitution-related crimes trigger a duty to register with the government. Sex offenders must register with the local chief of police or sheriff's department, providing a litany of personal information. Anyone convicted of promoting or attempting to promote juvenile prostitution must register. Other promotion crimes also trigger registration, such as those where an individual profits from another's prostitution by compelling or arranging their prostitution services. Failure to register is a crime.

(730 Ill. Comp. Stat. 150/2, 150/3, 150/10 (2024).)

Talk to a Lawyer

If you face charges relating to prostitution crimes, contact a criminal defense attorney. A lawyer can help you understand the charges, what's at stake, and what defenses may be possible.

(730 Ill. Comp. Stat. 5/5-4.5-25, 5/5-4.5-30, 5/5-4.5-35, 5/5-4.5-40 (2024).)