Present Legal Status
Prostitution in Illinois is deemed illegal under current laws. While the state has recently endeavored to decriminalize some aspects of prostitution, it is essential to understand where local and state laws stand on the matter.
The "Illinois Criminal Code of 2012" is the main code for Illinois law and it includes the criminal code for sex crimes. In section 11-14 of said code, there are multiple provisions focused on legality and illegality of prostitution in the state of Illinois:
- (7) Prostitution – A person commits prostitution when he or she knowingly engages in, or agrees or offers to engage in, with another person in exchange for a fee a sexual act as defined in Section 11-0.1 of this Code.
- (8) Keeping a place of prostitution – A person commits the offense of keeping a place of prostitution when he or she knowingly maintains, manages, or controls any place including, but not limited to, a building, structure, or facility that is regularly occupied, used , or intended for use by persons for the purpose of engaging in sexual activity with another person for a fee; or a person otherwise knowingly profits from the prostitution of any person as defined under paragraph (7).
- (9) Agency of the prostitute – A person commits the offense of agency of the prostitute when he or she knowingly manages, supervises, finances, acts as an agent of, or otherwise provides material assistance to a person engaging in prostitution.
- (10) Patronizing a prostitute – A person commits the offense of patronizing a prostitute when, dating back to when a defendant actively interfered with his or her trial for prostitution offenses, he or she knowingly or recklessly engages or agrees or offers to engage in, with another person in exchange for a fee, sexual activity as defined in Section 11-0.1 of this Code.
It is still illegal to sell or purchase sex or sexual acts in the state of Illinois. Illinois law has made some changes to how prostitution laws are enforced over the last few years, however, making some exceptions to the old law.
Historical Background
The Illinois Compiled Statutes currently in force are the result of a long history of statutory enactments, judicial interpretation and administrative action. Fifty years ago, prostitution laws were codified in what is now Chapter 38, Article 11 of the Illinois Compiled Statutes. Currently, criminal acts concerning prostitution are located in Part 14 of Chapter 720 of the Illinois Compiled Statutes. The current statutory language on prostitution ends at Section 11-15, however, additional statutory provisions concerning sexual offenses are located in Part 8.6 of Chapter 720 of the Illinois Compiled statutes.
In the past Illinois had enacted an act dealing with sexual offenses called the Criminal Sexual Assault Act of the Illinois Compiled Statutes, which was an effort to consolidate all sexual offenses under one statutory scheme. Unlike Section 11-14 of Title 720, which was enacted in 1961, the Criminal Sexual Assault Act was not enacted until 1983. The 1983 Act made it criminal to engage in sexual conduct with one’s spouse. Although the Criminal Sexual Assault Act addressed many sexual offenses, the Illinois Code of Criminal Procedure never did away with Section 11-14. This is probably due to the fact that the offenses listed under the Code of Criminal Procedure were pre-constitutional in law. That is to say that, although the Constitution changed the scope of prosecutions for many offenses, prostitution was not at the forefront of the constitutional law grounds. Therefore, many offenses that are no longer prosecutable in courts are still codified in the Illinois Compiled Statutes.
Although the Illinois Compiled Statutes are always being updated, its ancestry can be traced back through a long history of looks at this criminal offense. Looking at social customs, the offense of prostitution has taken on various forms throughout history. The State of Illinois first passed a brothel regulation, that was in effect in East St. Louis, in 1925. That act, called the Revenue Act, was a way for municipalities to collect a direct tax from brothel owners. In the event that the brothel owners refused to pay tax, municipalities were directed to prosecute the brothels as criminal organizations. The Revenue Act was eventually repealed, and the term "prostitution" entered the legislative history.
Since the beginning, prostitution has been regulated pursuant to nuisance abatement laws. The main purpose of these laws is to make sure that local officials could regulate immoral behaviour. In the 1980’s, the State of Illinois started to regulate prostitution by prohibiting payments for sexual conduct. This led to house prostitution and escort services taking the place of brothels.
Prior to 1980 there were serious problems with the enforcement of prostitution laws. After 1983 the new Criminal Sexual Assault Act enabled police departments to take a more proactive position on the solicitation of prostitution. Prior to the enactment of the Criminal Sexual Assault Act, law enforcement officials manifested their efforts to apprehend prostitutes and those who solicited prostitutes by means of significant arrests and other misdemeanour charges. Those prosecutions not only led to a significant cost to the state for prosecution of many but they also led to many prostitutes having numerous outstanding warrants. Many of these outstanding warrants led to a cycle of arrests and incarceration of prostitutes and led to a serious strain on municipal budgets.
This revolving door of enforcement did nothing to bring the issue of prostitution to the forefront while law enforcement officials devoted less and less time to bringing the problem of prostitution under control. Perhaps the reason why this occurred was that many people viewed prostitution as free choice and under the guise of personal liberties many people viewed prostitution as a choice and the new Criminal Sexual Assault Act took away some of the economic benefits to the prostitutes and the State of Illinois.
Penalties for Infractions
In Illinois, prostitution is not legal in any capacity. Punishments for solicitation of any sexual act can range from monetary fines to imprisonment, depending on the age of the prostitutes, the nature of the prostitution and the jurisdiction where it occurs. The criminal code for solicitation varies widely across states, with some treating prostitution as a minor offense and others regarding it as serious, even potentially involving sex trafficking.
Chicago specifically has many crime ordinances related to prostitution that govern and regulate jailing, amounts of those jailed, and amounts for fines that apply to violators. Statistically, Cook County arrests hundreds on sex trafficking charges each year. Furthermore, sexual solicitation tends to be one of the top crimes committed in the state. Sex work is common throughout Chicago and other parts of Illinois, and law enforcement agencies are on the lookout for prostitution and sex trafficking regularly.
Solomon Law Firm has prosecuted hundreds of prostitution offenses and understands the local ordinances regarding prostitution in Chicago and may be able to help you fight your prostitution charge.
Attempts at Changing the Law
There has been increasing discussion and effort towards reforming the laws governing prostitution in Illinois. Advocacy groups concerned about sex workers’ safety and the spread of STDs have proposed legislation decriminalizing, or at least reducing penalties for prostitution. In general, a small, informal survey of such organizations suggests that such a reduction is preferred by those groups. But what about the general public – would they favor reducing the penalties for prostitution?
In a paper for the Journal of Criminal Law and Criminology, University of Chicago Law School professor Richard McAdams notes that the consensus among other academics supports the idea that criminalizing prostitution does not keep prostitution from existing; it simply prevents people who support themselves with prostitution from accessing the law and other resources.
Furthermore, data shows that prostitution is more prevalent in areas where police activity is directed at maintaining public order, where police have committed to suppressing vice, and where the public favors aggressive policing. In fact, according to a 2004 study from the National Institute of Justice, prostitution rates may increase after police crackdowns. In addition, the U.S. Commission on Organized Crime has stated that strict enforcement against prostitution has strengthened, not weakened, organized crime.
Arizona, Colorado, Nevada, New York, Texas, Washington D.C., and Washington State are among several states that allow some municipalities to require city-wide votes as to whether prostitution should be decriminalized.
Comparison with Other States
The laws regulating prostitution in Illinois share notable similarities with the laws in force throughout most of the other states in the U.S. Prostitution is illegal in the majority of states except for a couple of counties in Nevada. Non-neighboring states, including Alaska and Florida have enacted laws outlawing the exchange of sexual services for money while their neighboring states do not.
Five states and Washington, D.C. have legalized some form of prostitution, even though it remains illegal in the other 45 states. Nevada has the nation’s only legal brothels as part of its partial legalization in force by counties outside of Clark County where Las Vegas is located. The other forms of legalization are limited to specific practices.
For example , Washington state has legalized prostitution involving paraprofessionals such as massage therapists and acupuncturists. Oregon has permitted regulated professional "xerotic dance" or striptease businesses. In California, a person can be legally engaged in protected sexual conduct if they do digital stimulation and other acts while remaining outside of the person’s vaginal or anal openings. New York protects conduct similar to California’s law.
Other states permit the operations of home-based "escort services," which offer unlawful forms of prostitution involving either sexual conduct or obscene brandishing of the body. Illinois also permits escort services within the narrow confines of non-metropolitan areas.
Effects on Local Communities
The legal status of prostitution in Illinois has a profound impact on local communities. In examining this issue, it is important to remember that this is a state law matter, not a federal law issue, meaning that our Illinois state law governs how this area is handled.
Traditionally, prostitution only comes up as a crime in the headlines when there is a local or national bust of a large-scale operation. Yet new prostitution-related instances rear their head on a daily basis. In particular, we continue to learn more about the issue of sex trafficking, which creates a substantial number of prostitution-related issues across the state of Illinois.
To put it in perspective, the Department of Justice maintains that sex trafficking is the second most common, criminal enterprise – right after drug trafficking – in the world. It is a real problem for many communities in Illinois.
When prosecutions for prostitution take place in Illinois, the results are often devastating for local communities, particularly the most vulnerable. This is because prostitution – and related crimes, such as sex trafficking – almost always affects the most marginalized members of our communities: women and children. Often these victims are underage and manipulated by adults preying on their vulnerability, thus forcing them into a morally and physically dangerous situation.
Efforts are ongoing to address the rape and trafficking that exists in Illinois. While there is no single answer for reducing or eliminating these issues, as in all cases involving criminal behavior, the smart money says we do it through community action.
References for Impacted Individuals
Resources are available for those involved in or affected by prostitution in Illinois. Legal aid lawyers can assist prostitution victims in understanding their legal options and in seeking protection from traffickers and offenders under state or federal law. Trafficking defendants may pursue a qualified attorney through the federal Defender Services Office, as Attorney Richard A . Posner explains in his article on the subject. In addition, documentation submitted to the United Nations Division for the Advancement of Women provides information on shelters and resources available to assist sex workers and trafficking victims in Chicago. Illinois also has opened The Dreamcatcher Program, which provides rehabilitation services to minor sex workers.