Parents in Illinois understand that there are dangers to children lurking everywhere. The online world children inhabit is full of people who want to harm them, but threats don’t always come from the outside.

Grooming is a crime in Illinois, as is indecent solicitation of a child. When you read these two statutes, you may not fully understand why these are two different crimes with two different penalties. No doubt, the law can be complicated, but it’s vital for every parent to understand the differences between these two sex crimes so that you can keep your children safe.

What is the difference between grooming and indecent solicitation in Illinois? Read on to find out.

Grooming in Illinois

Grooming in the state of Illinois is a sex crime, but it’s based on the use of technology to be carried out.

Grooming is perpetrated when someone uses the internet or other online service to solicit, entice, seduce, or lure a child or their guardian into committing a sexual offense or unlawful sexual conduct. It is also considered grooming if photos that transmit sexual organs are involved.

This crime is a bit of an all-encompassing crime due to the way it is carried out. It prohibits someone from using technology to solicit a child to engage in any type of sex offense. This can include crimes such as:

• Sexual exploitation of a child
• Child pornography
• Predatory criminal sexual assault of a child
• Custodial sexual misconduct
• Traveling to meet a minor for a sex act

You can face grooming charges even if there has been no sexual misconduct between you and the minor involved in the case. This crime is meant to address the use of a computer to solicit the act instead of the act itself. It’s not uncommon for children to be groomed in this way by people that they know.

What is the Penalty for Grooming?

Grooming in the state of Illinois is a Class 4 felony. If convicted, you can face up to three years in prison and fines of as much as $25,000.

Grooming can also be penalized for other crimes, such as traveling to meet a child. If that occurs, then the penalties will be more severe. It simply depends on the circumstances of the case.

Indecent Solicitation of a Child

Indecent solicitation of a child occurs when someone over the age of 17 authorizes, requests, urges, advises, incites, or commands a child knowingly to perform acts involving sexual penetration or engage in sexual conduct.

Someone can also be charged with this crime if they knowingly discuss sexual conduct or sexual penetration with someone under 17. This applies to someone the perpetrator believes is a child, too – not simply a child.

Penalties for Indecent Solicitation of a Child

The level of a felony a person is charged with in connection with this crime depends on the sexual offense that results.

For example, someone guilty of criminally sexual assaulting a child would be charged with a Class 1 felony for solicitation. In contrast, internet discussions of solicitation with a child can be a Class 4 felony. Every level of a felony may also include fines of as much as $25,000 in addition to time in prison. That’s why it’s vital to have a lawyer on your side if you are charged.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Also know as House Bill 1975, Faith’s Law is named for a student who experienced sexual abuse at the hands of a trusted adult. This law now legally defines what it means to groom a child for sexual abuse. Furthermore, it requires that schools put in safeguards to protect their students.

Faith’s Law took effect at the start of 2022. Here’s what you need to know about it and how it changes the laws in the state.

How Is Grooming Now Defined by Law?

The concept of “grooming” is central to Faith’s Law, which works to expand how grooming is defined under Illinois law. Grooming is now defined as occurring when someone knowingly uses the internet, computer, or any electric transmission or storage device in order to lure, entice, seduce, solicit, or attempt to do any of those things to a child under the age of 17.

It’s also important to note that it is now illegal for anyone to gain access to a child for abuse by seducing the person who is or who is believed to be their guardian. Additionally, it is illegal to seduce a child to commit offenses under the Illinois Sexual Registration Act. This includes taking photos of the sex organs of a child or engaging in any other types of behavior that can be construed as grooming.

It is now illegal under Faith’s Law to seduce a child through a third party, written communication, or sex acts in person, not simply through online means. That is one important loophole that this law has closed.

Other Changes

There are a few other changes to the law under this bill, namely the increase of resources for those who have survived sexual abuse and their families.

Schools in Illinois are also now required to create a code of conduct that outlines sexual misconduct in the school. Staff who work in education must have their employment history thoroughly reviewed to scope out any incidents of sexual abuse that may have occurred in the past. Sexual abuse training is also expected to be expanded for those working in education.

Also, new boundaries will be set by school districts for maintaining professional relationships with students and setting proper boundaries. Now there will be distinct guidelines for:

• The transportation of students
• Meeting with students outside of the professional role of educators
• Having or taking photos of a student

If an employee commits any violations of the policy set by the schools under the new law, then it is grounds for termination of employment, as well as other disciplinary actions.

What Are the Penalties in Illinois for Grooming?

If a person is convicted under the statutes of this new law for grooming, then they will face the penalties for a Class 4 felony. That is punishable by up to three years in prison, but grooming can also be paired with other charges that will increase the penalties, such as sexual assault or child abuse.

If you are facing grooming charges, then make sure to fully understand the charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.