In Illinois, internet sex crimes are being prosecuted at increasing levels. That’s partly because of how common communication online is today, which has led to the creation of a specialized police unit that investigates crimes online, including sex crimes.

Just like with any other sex crime, internet sex crimes are very serious charges. A conviction for sex crimes related to the internet can throw your life into turmoil, leaving you facing serious felony charges and even decades in prison if convicted, all on top of being labeled as a sex offender.

Here is what you need to know about the most common Illinois internet sex crimes and the associated penalties.

IL Child Pornography Charges

The internet has made the creation and dissemination of child pornography easier, which has led to it being one of the most common internet sex crimes in Illinois.

Child pornography under Illinois law is defined as any depiction by photo, video, or film of a person under 18 engaged in sex or sexual conduct in the nude. Under state law, it’s illegal to make and distribute these types of images. It’s also illegal to simply have it in your possession, including viewing it on a computer and then deleting it.

In some circumstances, child pornography can be prosecuted at both the state and federal levels. How it is prosecuted depends on the conditions surrounding the offense. Any situation that includes the large-scale production of child pornography and its distribution will probably be prosecuted at the federal level.

Penalties for Child Pornography in Illinois

If your case goes through the state courts in Illinois, you will face a felony charge since all child pornography charges are felonies. They can range from a Class 3 felony to a Class X felony in the state.

Class 3 felonies will likely carry a prison sentence of between three and five years, but the more serious charges of Class 1 or Class X felonies can send someone to prison for 30 years or more. That’s why having an experienced criminal defense attorney on your side is vital for your future.

Sex Trafficking in Illinois

Another common sex crime that occurs online is sex trafficking. When someone intentionally harbors, transports, recruits, obtains through any means, or entices a person for the purpose of sexual servitude, then it is considered sex trafficking in Illinois.

It should be noted that to be charged with sex trafficking, the victim does not need to be transported. Even in situations where the victim never leaves their location, it’s still considered sex trafficking if you attempt to subject the victim to it over the internet.

Penalties for Sex Trafficking in Illinois

In Illinois, sex trafficking is a Class 1 felony. If convicted, you can face up to 15 years behind bars. It’s important to note that in a case with aggravating factors, sex trafficking can be elevated to a Class X felony, the most serious in the state. That can send a person to prison for decades if found guilty.

Online Solicitation of a Minor

Another common internet sex crime prosecuted in Illinois is the online solicitation of a minor. This is a sort of blanket term that can be applied to various crimes, such as electronic enticement of a minor, the demand for sexual favors from a minor, and even simply discussing sex with a minor online.

Essentially, when someone commits online solicitation of a minor, they use an electronic device such as a computer or smartphone to request a meeting with the child without the consent of the child’s parents. There doesn’t need to be any sexual act that occurs to be charged with this in our state. One must only intend to engage in a sexual act with someone under 17.

The Penalties for Online Solicitation of a Minor

The penalties associated with online solicitation vary depending on the underlying crime. For example, if you are charged with discussing sex with a child over the internet, then that is a Class 4 felony, which is punishable by up to four years in prison and fines of as much as $25,000.

However, requesting a sexual act from a minor can be a Class 1, 2, or 3 felonies in the state. That can result in incarceration for as many as 15 years and make you accountable for fines of as much as $25,000.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in greater Chicago. 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.

Sex trafficking is a crime taken very seriously in Illinois. Being accused of it can have a big impact on your life – and being convicted of it can shift the trajectory of your path forever.

For many people, sex trafficking is something that is only seen on television and in movies, but the truth is that it happens in plain sight every single day. If you know what to look for, you may be able to understand when sex trafficking is happening. If you’re accused of it, then you need to understand what is at stake.

Here are some of the signs to be on the lookout for – they can clue a person into the occurrence of sex trafficking and what anyone accused of this crime can face under the law in the state of Illinois.

Who Are the Victims?

Sex trafficking, or human trafficking in general, can be experienced by anyone, but the evidence suggests that it’s usually the most vulnerable who fall victim to it. Those who are members of groups that are historically oppressed, discriminated against, and face societal inequalities are often the ones that fall prey to this type of crime. Those who traffick in people recognize these vulnerabilities and exploit them for personal gain.

Those who are most vulnerable to trafficking include:

• Anyone with an unstable living environment
• Anyone who has been a victim of violence, such as domestic violence or sexual abuse
• Anyone who has run away from home or is involved in the juvenile justice system
• Anyone who is an undocumented immigrant
• Anyone who is in economic need or facing poverty
• Anyone who has a substance abuse issue

The people who tend to commit the crime of trafficking can be anyone, from romantic partners to family members to absolute strangers.

How People Get Trafficked

It can be difficult to understand how someone can fall prey to sex trafficking or human trafficking, but the truth is that those who traffick in humans have manipulative techniques that draw in people. Some of the most common include:

• Employers who refuse to provide workers with a signed contract or ask them to sign a contract they cannot read
• A co-worker, family member, or friend provides gifts and money
• Someone becomes involved in a fast-moving relationship where there is an imbalance of power, usually because of an age difference or financial status
• A potential employer promises a good job at a fair wage that seems too good to be true
• A potential employer will require a person to move for a job that promises good pay – but they’re reluctant to provide details

How to Recognize Trafficking

Sex trafficking is an offense that happens when someone is forced to perform commercial sex acts through coercion or fraud.

If you wonder how to spot sex trafficking, then you should look for these red flags:

• A commercial sex worker who wants to stop but is afraid to leave
• A sex worker who admits that they don’t want to engage in sex acts but have been pressured to do so
• A worker who either lives where they work or is transported between where they live and work by guards
• A commercial sex worker who appears to have a manager or pimp
• A worker who has a job in an industry where they can be easily pressured into performing sex acts, such as massage parlors or strip clubs
• Anyone who has a manager, guardian, or partner who closely monitors them and doesn’t allow them to speak with another person alone

If you suspect sex trafficking, you contact the National Human Trafficking Hotline or call emergency services.

The Penalties for Sex Trafficking

In Illinois, it is a crime to knowingly transport, obtain, provide, harbor, recruit, or entice a person to be subjected to sexual servitude. Sex trafficking in the state of Illinois is, under most circumstances, a Class 1 felony.

However, it becomes a Class X felony, the most serious in the state, if there are any of these conditions involved:

• Attempted kidnapping or kidnapping
• Attempt to commit or the commission of an aggravated criminal sexual assault
• The attempt of first-degree murder

The court can also consider any other aggravating elements of the crime in their sentencing, such as bodily injury to the victim.

If a person is convicted of a Class 1 felony, they can face up to 15 years in prison and be required to pay as much as $25,000 in fines.

For Class X felonies, the penalties include up to 30 years in prison and fines of $25,000.

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.

Being accused of sex trafficking in Illinois is a serious crime. If you are convicted, you face severe penalties that can include jail time, fines, and the ruin of your reputation in the eyes of the public.

With so much at stake, it’s very important to not only understand the penalties you face but also the charges against you, as well as your rights in the situation. Here’s what you need to know about sex trafficking laws in Illinois and what you can do to fight these charges.

What Is Sex Trafficking in Illinois?

When someone intentionally recruits, entices, provides transportation, harbors, or through some other means obtains someone for the purpose of sexual servitude, they are committing sex trafficking in Illinois. Simply attempting any of these acts with the intention of obtaining a person for this purpose is considered sex trafficking, too, even if you were not successful in the endeavor.

It’s also important to note that you don’t have to transport anyone for an offense to be considered sex trafficking. The victim may stay in the same place. The key is simply that sex trafficking is defined as subjecting someone to sexual servitude, no matter where they are.

The Penalties for Sex Trafficking In Illinois

It is a Class 1 felony in the state of Illinois to sex traffick another person. If convicted of this level of crime, you can face as many as 15 years behind bars. If there are aggravating factors in the case, then you can face a Class X felony, the most serious level of felony in the state, which can send you to prison for many years.

What types of things are considered aggravating factors? Common ones include:

• Attempting to kidnap or successfully kidnapping the victim
• Attempting to sexually assault or perpetrating aggravated sexual assault on the victim
• Attempting first-degree murder

If you are found guilty of a Class X felony in Illinois, your prison sentence can be doubled, and you do face the potential of life in prison – the prosecution can seek that enhancement based on the circumstances surrounding your case. If you held the victim for longer than six months, then the court also has the discretion to add additional time to the sentence. Multiple victims will also add time.

Civil Penalties for Sex Trafficking

It’s not only the criminal penalties that you should worry about in a sex trafficking conviction. You may encounter civil penalties, as well.

If you are found guilty of sex trafficking in Illinois, you face the possibility of being required to pay restitution to the victim for their labor during the ordeal. You may be compelled to pay fines to a Human Trafficking Fund, the amount of which is at the discretion of the court. Your assets can be seized in order to pay for these civil penalties.

How to Defend Yourself

The first step to a good defense against sex trafficking charges is to enlist the help of an experienced attorney. They can determine the best way to defend you against these charges based on the circumstances surrounding your case.

The most common ways people defend against these types of charges include:

• Lack of intent to commit sex trafficking
• Lack of knowledge
• Entrapment
• Mental incapacitation
• Police misconduct
• Duress or coercion

Every case is different, but if you understand the charges against you as well as your rights in the situation, these are the first steps toward an outcome most favorable to 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.

When many people think of human trafficking, they automatically think of sex trafficking. While it is true that sex trafficking is a big problem, human trafficking isn’t always about sex, sometimes it’s about labor.

Recently, a woman in the Chicago suburbs pled guilty to labor trafficking. She helped several people from Central America to enter the country, but once they were there, they had to stay and work in her home until the debt to get them here was paid.

When human trafficking occurs, victims lose the chance to pursue the possibilities their lives promise, which is why it’s taken so seriously. Here’s what you need to know about human trafficking in Illinois – what it is and what penalties you can face if found guilty.

Human Trafficking Defined

Human trafficking is defined as the use of fraud, coercion, or force to obtain some type of commercial sex act or labor from a person. Traffickers use different tactics to lure in victims and force them into exploitation.

There are two main types of human trafficking: sex trafficking and labor trafficking. Sex trafficking is considered under the law in Illinois to be any sex act in exchange for something of value, such as money, clothing, drugs, food, or shelter.

Labor trafficking is the exploitation of someone for services or labor through force, coercion, or fraud. Often, labor trafficking victims are forced to perform domestic servant duties, restaurant work, factory work, or agricultural work.

Where Human Trafficking Occurs in Illinois

Sex and labor trafficking happen in various places across the state. It’s common to find those forced into sex trafficking in hotel commercial sex setups, escort services, online ads, and massage businesses.

For labor trafficking, most victims are found doing domestic work, working in traveling sales crews, or in begging rings across the state.

Those who traffic humans run the gamut. Family members, significant others, peers, pimps, and those who prey upon those who are financially and emotionally vulnerable, such as illegal immigrants or children in foster care.

They emotionally manipulate and fool the victims with promises of providing their basic needs for them but not allowing them the freedom to leave.

Penalties for Human Trafficking in Illinois

Human trafficking is often charged as a Class 1 felony. This can put someone behind bars in state prison for up to 15 years if found guilty. However, there are aggravating factors that can play a role.

If the victims have been kidnapped, sexual assault has been perpetrated, or first-degree murder attempted in the process of human trafficking, then it is a Class X felony in Illinois. That can double the prison sentence of someone found guilty.

You can also be charged with a Class X felony if there was any bodily injury to the victim, the victim was held for longer than six months, or there were more than 10 victims.

Those found guilty may also be required to pay the victims restitution. This is generally the amount of money the victim would have been paid for their labor.

The total often includes amounts consistent with minimum wage laws as well as overtime laws or the gross income of the services provided by the victim – whichever amount is greater.

Human trafficking is a serious charge and is treated very seriously in Illinois. If you are charged with this crime, it’s important to understand the charges against you as well as your own rights.

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.

Human trafficking is a horrifying thing and years of advocacy and efforts to increase the public’s awareness of the problem have finally made it an issue that has captured people’s attention.

Still, there is some confusion about what difference there is legally between a sex trafficking victim and a prostitute.

If you’re unsure, then read on to find out more about the difference between trafficking and prostitution in Illinois, the Trafficking Victims Protection Act, and how trafficking victims can have their prostitution conviction vacated in court.

Prostitution in Illinois

Prostitution in Illinois is defined as offering, agreeing to, or performing sexual acts for something of value. It’s usually prosecuted at a Class A misdemeanor unless it is committed within the vicinity of a school, in which case it gets upgraded to a Class 4 felony. Being convicted a second time (or more) of prostitution is also a Class 4 felony.

If convicted the first time of felony prostitution, it’s up to the discretion of the judge to place the defendant on probation for up to 24 months. Probation conditions often include community service and drug testing.

If a minor is arrested for prostitution, then they will not be subject under Illinois law to prosecution. Instead, they will be placed in temporary protective custody as authorities investigate their circumstances and try to identify if they are a victim of abuse, neglect, or human trafficking.

Sex Trafficking vs. Prostitution: What is the Difference?

There’s a lot of misinformation out there about human trafficking – what it is and what it isn’t. Prostitution can be a part of sex trafficking but not every case of prostitution is considered sex trafficking. There are two factors that differentiate these two things. They are:

A Third-Party Beneficiary

Sex trafficking has to involve a third party who benefits from the transaction aside from the person receiving the sexual act. The third-party could be a pimp but it can also be a family member, friend, or boyfriend.

It Involves Force, Fraud, and Coercion

Sex trafficking, when it involves adults over 18, is done through force, coercion, or fraud. If the person found performing sex acts is under 18, then no force, coercion, or fraud is necessary. It’s not prostitution if a child is recruited, enticed, harbored, provided, transported, or obtained for the purpose of sex trafficking.

While prostitution is often used interchangeably with sex trafficking, it’s important to understand that those involved in trafficking have no choice. The term prostitution implies there is a choice, but the reality is that the victim had no choice at all.

The Illinois Trafficking Victims Protection Act

As of 2019, a new law in Illinois makes it easier for the victims of human trafficking to sue those responsible for trafficking them.

Victims of the sex trade are also allowed under this law to sue the person who recruited them and anyone who profits from sex trade activities as well as anyone who hurts a victim of sex trafficking.

Under this law, not only can the victim sue, but the agent, legal guardian, an organization, or court appointee can sue on behalf of the victim. The government is also allowed to sue.

If the case is won, then the victim is entitled to relief. That means that they can receive compensation for:

• Monetary loss
• Death, disease, mental and emotional harm, and personal injury
• Wages they are entitled to by law for work they performed

There is a 25-year statute of limitations to sue for harm under this law, starting from the date the perpetrator caused it. However, the clock won’t start ticking down on the statute of limitations until the victim is aware that what they suffered is abuse and also knows the identity of the perpetrator.

Vacating a Prostitution Conviction

Another thing available to those who have been trafficked is a motion to vacate a prostitution conviction. This allows for those who are victims of human trafficking to file a motion in court to have any previous convictions removed from their records.

When the court vacates a conviction, they are admitting that an error was made in the original conviction. To be successful in having a convicted vacated, the victim must show evidence that their conviction was the direct result of being trafficked.

Victims of human sex trafficking deserve justice and they also deserve a fresh start. A motion to vacate a prostitution conviction to keep it from following them paired with the Illinois Victims Protection Act allows those who have suffered through trafficking to have a real chance at starting their life anew and moving on to better things.

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.

In fact, the enhanced efforts to eliminate sex trafficking may even lead to overzealous policing, and result in innocent people being charged.

Those working in positions — legal and otherwise — that could possibly be affected by Illinois state sex trafficking laws would do well to understand how Illinois defines sex trafficking, the penalties associated with a conviction.

Most importantly, you’re going to want to know how to fight back if you’re facing sex trafficking charges.

Illinois Sex Trafficking Defined

Illinois sex trafficking is defined as intentionally enticing, harboring, providing transport, recruiting or obtaining through any other means a person for sexual servitude. Any attempts to commit these acts are also considered sex trafficking.

Importantly, the victim does not actually need to be transported for the offense to constitute sex trafficking.

Even if the victim stays in the same location, any means of subjecting the victim to sexual servitude are still considered sex trafficking.

Illinois Sex Trafficking Sentencing and Penalties

In Illinois, sex trafficking is considered a Class 1 felony, which is punishable by up to 15 years in prison. However, the presence of aggravating factors can elevate this charge to a Class X felony, the most serious felony charge other than first-degree murder.

Common Aggravating Factors

Aggravating factors for sex trafficking include:

• Kidnapping or attempted kidnapping of the victim
• Aggravated sexual assault, or an attempt to commit this offense
• First-degree murder attempt

A Class X felony doubles your maximum jail sentence to 30 years, with potential sentencing enhancements to life imprisonment.

Less-Severe Aggravating Factors

Other less-severe aggravating factors, such as inflicting bodily injury on the victim, may also enhance sentencing. Additionally, prosecutors will consider how long the victim has been held.

When the defendant holds the victim for longer than 180 days, the judge may tack additional time onto the sentence.

Enhancement for Multiple Victims

Further, when a case involves more than 10 victims, the penalties for sex trafficking increase significantly. In this situation, defendants are also likely to face multiple counts of sex trafficking.

Additional Civil Penalties

In addition to the criminal penalties one faces upon conviction, sex trafficking is also punishable by severe civil penalties. If convicted, you will be forced to pay the following:

• Restitution for the victim’s labor in accordance with minimum wage and overtime laws, or the income for the victim’s services, whichever is greater.
• A fine payable to the Specialized Services of Human Trafficking Fund. The amount is left to the discretion of the courts, and generally reflects the severity of the offense.

Under Illinois law, the courts also have the right to seize the defendant’s assets in order to pay any outstanding fines and restitution.

Defending Yourself against Illinois Sex Trafficking Charges

Clearly, the consequences of a sex trafficking conviction are severe. However, if you’re charged with sex trafficking, there are a number of defense strategies that could win you an acquittal at trial, or even get your case dismissed.

Every scenario is different, and a Chicago criminal defense attorney will evaluate the specifics of your case to develop the best possible defense. Common sex trafficking defenses include:

• Lack of knowledge
• Lack of intent
• Mistaken identity
• Mental incapacitation
• Non-sufficient evidence
• Entrapment
• Illegal search and seizure or police misconduct
• Coercion or duress

Ultimately, while sex trafficking is a major priority for Illinois lawmakers, overzealous policing isn’t an excuse for wrongful prosecution.

If you get caught up, your best chance at a positive outcome is to understand the laws surrounding sex trafficking so you can fight back.

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.