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What Is Solicitation and Sexual Exploitation of a Child in Illinois?
In Illinois, both solicitation of a child and sexual exploitation of a child are serious criminal offenses that carry major legal, social, and personal consequences. These charges often arise from digital investigations, online sting operations, or allegations of inappropriate behavior involving minors — and they are prosecuted aggressively under Illinois law.
Your future is on the line. Call Combs Waterkotte's solicitation and sexual exploitation of a child lawyers at (314) 900-HELP for an immediate consultation.
Solicitation typically refers to attempting to arrange sexual activity with someone under the age of 17, or with someone believed to be a minor, using electronic communication, in-person contact, or other forms of outreach. It can involve discussions, images, or requests made with intent to commit a sexual offense — even if no physical meeting ever occurs.
Sexual exploitation involves exposing oneself or engaging in sexual conduct in the presence of a minor, or persuading or coercing a child to remove clothing or engage in conduct for someone’s sexual arousal or gratification. These cases are especially complex when combined with internet evidence, surveillance footage, or allegations made by third parties.
Both charges are treated as sex offenses in Illinois and can lead to mandatory registration on the Illinois Sex Offender Registry. That’s why early, strategic legal representation is essential.
Illinois Laws on Solicitation and Sexual Exploitation of a Child
Illinois law outlines separate but related offenses for indecent solicitation and sexual exploitation of a child, each with its own statutory definition and required elements. These offenses are prosecuted under the Illinois Criminal Code and often involve digital communication or alleged in-person conduct.
Indecent Solicitation of a Child
Under 720 ILCS 5/11-6, indecent solicitation of a child occurs when an adult knowingly communicates with a minor (or someone believed to be a minor) about sexual activity with the intent to commit a related offense, such as criminal sexual assault, aggravated criminal sexual abuse, or predatory criminal sexual assault. Communication can happen in person, over the phone, via computer, or through any electronic or written means.
The law does not require the act to be carried out — intent and the content of the communication are often enough for charges to be filed. Online chats, text messages, or undercover sting operations are frequently used in these cases.
Sexual Exploitation of a Child
Defined under 720 ILCS 5/11-9.1, sexual exploitation of a child includes exposing oneself to a child or engaging in a sexual act for the purpose of arousal or gratification, or enticing a minor to remove clothing or participate in conduct that is sexual in nature. Unlike solicitation, this charge may be based on alleged physical behavior rather than digital communication.
These statutes are intentionally broad to allow prosecutors to bring charges in a wide range of situations — including undercover operations or accusations based on indirect evidence. Understanding how the law defines each element is critical to mounting an effective defense.
How to Defend Against Child Solicitation and Exploitation Charges
Facing charges for solicitation or sexual exploitation of a child does not mean you are guilty. These cases often rely on digital evidence, undercover operations, or witness reports — and each comes with opportunities for a strong legal defense. At Combs Waterkotte, we thoroughly examine the evidence, protect your rights, and identify every legal angle that can support your case.
- Challenging Intent: These charges require proof that you intended to engage in an unlawful act. If the communication was vague, taken out of context, or lacked clear planning, the state may not meet its burden of proof.
- Entrapment in Sting Operations: Many solicitation charges stem from online decoy operations. If law enforcement pressured or manipulated you into saying something you wouldn’t have otherwise, entrapment may apply.
- Identity and Digital Access Issues: When a device or account is shared, stolen, or compromised, prosecutors may struggle to prove who actually sent or received the messages in question. Forensic review can expose weak assumptions.
- Unlawful Search or Violation of Rights: If police obtained digital evidence without a valid warrant or violated your Miranda rights, your attorney can move to have that evidence excluded from the case.
We understand what’s at stake — your freedom, your record, and your reputation. The right defense strategy can make a real difference, and the earlier you involve a lawyer, the more options you’ll have.
Charges and Penalties for Solicitation and Sexual Exploitation Charges in Illinois
Illinois law assigns a range of felony and misdemeanor classifications to solicitation and child exploitation offenses — each with distinct sentencing guidelines. Here’s how those charges typically break down:
| Charge | Classification | Penalty |
|---|---|---|
| Indecent Solicitation (intent to commit predatory criminal sexual assault) | Class 1 Felony | 4–15 years in prison; mandatory sex offender registration |
| Indecent Solicitation (intent to commit criminal sexual assault) | Class 2 Felony | 3–7 years in prison; registration required |
| Indecent Solicitation (intent to commit aggravated criminal sexual abuse) | Class 3 Felony | 2–5 years in prison; registration required |
| Internet-Based Solicitation | Class 4 Felony | 1–3 years in prison; often includes electronic evidence |
| Sexual Exploitation of a Child – First Offense | Class A Misdemeanor | Up to 1 year in jail and up to $2,500 in fines |
| Sexual Exploitation – Second Offense, Prior Sex Offense, Victim Under 13, or Near School | Class 4 Felony | 1–3 years in prison and up to $25,000 in fines |
