The following section discusses two solicitation offenses that deal with children: the indecent solicitation of a child and solicitation to meet a child.
Indecent Solicitation of a Child
A Chicago criminal defense attorney can explain how the rules apply in your case. In general, however, the indecent solicitation of a child occurs when a person over the age of 17 knowingly commands, authorizes, urges, incites, requests, or advises a child under the age of 17 to engage in sexual conduct or perform an act of sexual penetration, with the intent that several other sexual offenses occur. (720 ILCS 5/11-6(a)). The solicited person does not have to be a child for this offense to apply; the solicitor just has to believe that he or she is a child. The offenses the person intends to commit or be committed may include:
- Criminal sexual assault;
- Aggravated criminal sexual assault;
- Predatory criminal sexual assault; or
- Aggravated criminal sexual abuse.
A person over the age of 17 can also be charged with the indecent solicitation of a child under 720 ILCS 5/11-6(a-5) if he or she knowingly discusses acts of sexual conduct or penetration with a child under the age of 17, or someone he or she believes is a child, and this discussion takes place over the internet, and the person over 17 intends the following sexual offenses to be committed:
- Aggravated criminal sexual assault;
- Predatory criminal sexual assault; or
- Aggravated criminal sexual abuse.
A person may be charged with this offense whether or not the person is soliciting the child to actually perform the sexual conduct or penetration, or just discussing these acts with the child or a person he or she believes to be a child.
Sex Crime Penalties
The seriousness of the penalties make it critical to contact a Chicago solicitation defense lawyer for help. For the first definition of the offense under 720 ILCS 5/11-6(a), the level of felony a person may be charged with for the indecent solicitation of a child depends on the sexual offense that results from the solicitation.
- For predatory criminal sexual assault of a child and aggravated criminal sexual assault, the charge would be a Class 1 felony, punishable by 4-15 years imprisonment.
- For criminal sexual assault, the charge would be a Class 2 felony, punishable by 3-7 years imprisonment.
- For aggravated criminal sexual abuse, the charge would be a Class 3 felony, punishable by 2-5 years imprisonment.
- The indecent solicitation involving internet discussions between the accused and a child under 720 ILCS 5/11-6(a-5) is a Class 4 felony punishable by 1-3 years imprisonment.
All felonies are also punishable by up to $25,000 in fines.
Solicitation to Meet a Child
The solicitation to meet a child under 720 ILCS 5/11-6.6 occurs when a person aged 18 or older uses a computer, cell phone, or any other device to solicit, entice, induce or arrange to meet a child under 17 without the knowledge of the child’s parents or guardians for an unlawful purpose. The child solicited does not have to actually be a child; the solicitor just has to believe that the solicited person is a child.
Penalties
Solicitation of a child is a Class A misdemeanor punishable by up to a year in prison, unless the solicitor thinks he or she is five or more years older than the child.
Contact a Chicago Defense Lawyer
If you have been accused of solicitation involving a child victim, you need an experienced attorney to defend you. Contact Chicago’s experienced sex crimes attorney Steven Goldman for a consultation.
