Public Act 102-0939
 
HB4593 EnrolledLRB102 24397 RLC 33631 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Criminal Code of 2012 is amended  by 
changing Section 11-14.1 as follows:
 
    (720 ILCS 5/11-14.1)
    Sec. 11-14.1. Solicitation of a sexual act. 
    (a) Any person who offers a person not his or her spouse 
any money,
property, token, object, or article or anything of 
value for that person or any other person not his or her spouse 
to
perform any act of sexual penetration as defined in Section 
11-0.1 of this Code,
or any touching or fondling of the sex 
organs of one person by another person
for the purpose of 
sexual arousal or gratification, commits solicitation of a 
sexual act.
    (b) Sentence. Solicitation of a sexual act is a Class A 
misdemeanor. Solicitation of a sexual act from a person who is 
under the age of 18 or who is a person with a severe or 
profound intellectual disability is a Class 4 felony. If the 
court imposes a fine under this subsection (b), it shall be 
collected and distributed to the Specialized Services for 
Survivors of Human Trafficking Fund in accordance with Section 
5-9-1.21 of the Unified Code of Corrections. 
    (b-5) (Blank). It is an affirmative defense to a charge of 
solicitation of a sexual act with a person who is under the age 
of 18 or who is a person with a severe or profound intellectual 
disability that the accused reasonably believed the person was 
of the age of 18 years or over or was not a person with a 
severe or profound intellectual disability at the time of the 
act giving rise to the charge.
    (c) This Section does not apply to a person engaged in 
prostitution who is under 18 years of age.
    (d) A person cannot be convicted under this Section if the 
practice of prostitution underlying the offense consists 
exclusively of the accused's own acts of prostitution under 
Section 11-14 of this Code. 
(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)