Can you be charged with solicitation if you never meet in person?
The application under Illinois criminal law deals with sexual offenses. Often the solicitation involves directly proposing an escort, prostitute or minor for sexual acts. But how is solicitation defined by Illinois law? Does the request have to be in person for the crime to be committed? Can you be charged with solicitation if you have never met in person?
What is the request?
Under Illinois law, “solicitation” is defined as the act of ordering, authorizing, urging, enticing, requesting, or advising another person to perform a sexual act. The act of request can be carried out “by any means”, including, but not limited to:
- In person
- over the phone
- Written
- through a computer
- For advertising of any kind
Can you be charged with solicitation if you never meet in person?
Since Illinois law provides that the act of solicitation may be carried out by any means, including through a computer, advertising, in writing, or by telephone, a person need not have met with the person to be charged with the crime.
Types of Application Crimes in Illinois
indecent request
The claim of innocence occurs when a person 17 years of age or older knowingly solicits to commit any act of sexual conduct with a child under 17 years of age. Arrangements may be made through written or oral communications, including, but not limited to, the use of a telephone or computer.
Indecent solicitation charges vary in severity, so it is critical that you contact an experienced criminal defense attorney if you are charged. Depending on the severity of the charge, indecent solicitation could be classified anywhere from a Class A misdemeanor to a Class 1 or Class X felony, punishable by an extensive prison sentence.
Request for a sexual act
Soliciting a sexual act is a crime that applies to people found with a prostitute. An individual can be charged with soliciting a sexual act by offering another person money or something of value in exchange for that person performing a sexual act. This crime, however, does not apply to married spouses.
In Illinois, solicitation of a sexual act is classified as a Class A misdemeanor. However, if the person solicited is under the age of 18, or has an intellectual disability or disability, the charge may be classified as a Class 4 felony. .
Experienced Chicago Criminal Defense Attorneys
Have you been arrested by the Chicago Police or another police department for solicitation? If so, you need an experienced defense attorney who is willing to fight for your rights. Crimes of solicitation and prostitution can be classified as misdemeanors, local ordinances, or felony charges, depending on the circumstances of the arrest and the defendant’s criminal history. However, charges like these are harsh and can have lifelong effects not only on the criminal record but also on the personal and professional life of the accused person.
The attorneys at Mitchell S. Sexner & Associates LLC have more than 30 years of experience defending our clients from criminal charges. We understand the complexities of sex crime cases, including the application. Call us today at (312) 262-3746 for a free, no obligation consultation.
This blog is made available for informational purposes only and is not considered legal advice on any subject. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal advisor on specific legal issues.