In today’s age of technology, meeting people online or through a dating app is an everyday occurrence. Even social media platforms are used for people to meet and date new people.

While many of these online resources have age limits to help keep minors active, it doesn’t always work. It’s easy for a minor to lie about their age. What happens if you meet a person, hook up with them, and then find out they aren’t the legal age of consent in Illinois? Did you commit a sex crime?

The truth is that, while there are many factors in these types of cases, having sex with a minor in Illinois is a crime and can lead to criminal charges. Read on to find out more.

Consent in Illinois

In the state of Illinois, there is an age of consent. That age is 17 years old. What that means is that anyone over the age of 17 can freely engage in sexual activity with a partner, but anyone under that age is deemed legally unable to give their consent. Having sex with them can lead to criminal charges for sex crimes.

Sex Crimes in Illinois

Adults are held to a higher standard legally when it comes to sex acts with minors. In Illinois, even if a minor tells you they are older than the age of consent, you can still be liable for sexual acts you commit with them. This could lead to being charged with an Illinois sex crime.

The two most common crimes a person will face if they have sex with someone underage include:

Criminal Sexual Abuse

This occurs when someone engages in sex acts that do not include penetration with a minor. You can be charged with this crime if both you and the victim are between the ages of 9 and 17 or if the victim is older than 13 but younger than 17 – and the defendant is at least five years older than they are.

In most circumstances, this crime is a Class 4 felony. It can put you behind bars for up to three years and make you responsible for fines of as much as $25,000. If a person has a criminal history of sexual abuse, then the penalty can be more severe.

You can also be charged with aggravated sexual abuse, which is a Class 2 felony. It can result in up to seven years in prison.

Criminal Sexual Assault

The other crime that can be charged in situations where a person has sex with a minor is criminal sexual assault. This is defined as engaging in penetrative sex with someone without their consent. If they are under the age of consent in the state, then even if they tell you yes, it doesn’t legally count as consent – because they are not considered legally able to give it.

Criminal sexual assault is normally considered a Class 1 felony, which is very serious. It can result in up to 15 years in prison and make the defendant responsible for fines of as much as $25,000.

In general, it’s up to an adult to ensure your sexual partners with whom you have sexual relations are of legal age. Even if a victim lies about their age, legally, the responsibility lies with the adult in the situation to do their due diligence.

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.

Prostitution laws in Illinois have long treated prostitutes as criminals, but the reality is that many of the people who are working as prostitutes may not be there by choice. Instead, they may be trafficked, have issues with addiction, or have mental health issues that have placed them in a situation where prostitution may be their only viable option.

Due to this reality, Cook County has decided to take a new look at how the legal system treats prostitution. While it has already been downgraded to a misdemeanor offense, prostitution court in the county is now looking to help those involved in prostitution. The goal is to get them the treatment they need instead of sentencing them to jail time and other penalties.

Here’s what you need to know about prostitution court in Illinois and how someone can access this specialized court to take advantage of its services.

Illinois Prostitution

In the state of Illinois, prostitution occurs when someone offers, agrees to perform or performs a sexual act in trade for something of value. In recent years, prostitution is usually charged as a Class A misdemeanor, with a punishment of up to one year behind bars and the requirement to pay fines of as much as $2,500.

In some cases, however, a prostitution charge can be a Class 4 felony. In these cases, the law must be broken within 1,000 feet of a school, or the person charged has previous prostitution convictions. A Class 4 felony can result in as many as three years in prison and fines of up to $25,000.

Illinois Prostitution Court

The Chicago Prostitution and Trafficking Intervention Court was created by the State’s Attorney. It was created as a place to prosecute those who are accused of prostitution but also serves to address the underlying issues that may drive them to commit the crime.

Specifically, this court wants to address substance abuse issues to help reduce addiction for those who are working as prostitutes, whether they are doing it voluntarily or not. The court also seeks to help those break the cycle of prostitution since it’s often a lifestyle that people find themselves in with no realistic exit. This helps to reduce recidivism and helps to keep jail populations down as well.

Now, those in the special prostitution court will still face misdemeanor charges, but they will also be put in contact with specialized services and resources to help them move forward.

The Four Program Levels

There are four program levels to the Prostitution and Trafficking Intervention Court. Victims are assigned to a level that is based on their current needs and circumstances, as well as their previous criminal history.

Some levels are more intensive than others. As long as the people in the court are working the program, their prosecution will be deferred. If they successfully complete it, then the charges against them can be dismissed.

How to Get Involved

If you or someone you know has been arrested for prostitution in Cook County, then ask the court about how to transer the case to this specialty court. If it is available, and you meet the criteria, then your case can be transferred. Then, you can start working toward recovery and leave a life in which you may feel trapped.

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.