720 ILCS 5/11-18.1 – Patronizing a Sexually Exploited Child
This law makes it illegal to pay for or take part in sexual acts with someone under 18 or who has a severe intellectual disability.
This Illinois law punishes anyone who has sex or sexual contact with a minor involved in prostitution or with a person who has a severe or profound intellectual disability. The law also explains possible punishments and limited defenses.
(a) A person commits this crime if they have sexual intercourse or penetration with someone under 18 who is involved in prostitution, or with someone who has a severe or profound intellectual disability.
(a-5) A person also commits this crime if they touch or fondle, for sexual pleasure, the private parts of a person involved in prostitution who is under 18 or has a severe or profound intellectual disability.
(b) It can be a defense to being charged with this crime if the accused honestly and reasonably believed that the other person was 18 or older and did not have a severe or profound intellectual disability when the act happened.
(c) Sentence: Normally, this is a Class 3 felony. If it happens within 1,000 feet of a school, or if the person has been convicted before of similar crimes, it becomes a Class 2 felony. Prior convictions cannot be mentioned to the jury unless allowed for other reasons in the trial.
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