720 ILCS 5/11-6 – Indecent Solicitation of a Child
This law makes it a crime for someone 17 or older to ask or talk to a child about sexual acts with the intent to commit a sexual crime.
This statute says that adults who try to get a child, or someone they think is a child, to take part in sexual behavior–or talk online about doing so–can be charged with a serious felony. The punishment depends on how severe the intended act would have been.
(a) A person who is 17 or older breaks the law if they try to get a child, or someone they believe is a child, to take part in sexual activity, knowing and intending that a serious sexual crime (like assault or abuse) will happen.
(a-5) A person 17 or older also breaks the law if they talk on the Internet with a child, or someone they think is a child, about sexual acts, and they intend to commit a sexual crime such as assault or abuse.
(a-6) It is not a defense to say that the person never asked the child to do anything sexual with them personally. The law still applies if sexual acts are discussed with the intent to commit a sexual crime.
(b) Important definitions:
- “Solicit” means to ask, tell, encourage, or persuade someone to do something, in any way–such as in person, over the phone, in writing, online, or through any kind of ad.
- “Child” means anyone under 17 years old.
- “Internet” has the same meaning given elsewhere in 720 ILCS 5/16-0.1.
- “Sexual penetration” and “sexual conduct” are defined in 720 ILCS 5/11-0.1.
(c) Sentence:
- If the act, if carried out, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault, it is a Class 1 felony.
- If the act, if carried out, would be criminal sexual assault, it is a Class 2 felony.
- If the act, if carried out, would be aggravated criminal sexual abuse, it is a Class 3 felony.
Talking online with a child about sexual acts under subsection (a-5) is a Class 4 felony.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
