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Public Act 91-0498
HB1720 Enrolled LRB9103616RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-14, 11-15, 11-17, 11-18, and 11-19.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 11-14, 11-15, 11-17, 11-18, and 11-19 as
follows:
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or agrees to perform
any act of sexual penetration as defined in Section 12-12 of
this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification commits an act
of prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A person convicted
of a second third or subsequent violation of this Section, or
of any combination of such number of convictions under this
Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
of this Code is shall be guilty of a Class 4 felony. When a
person has one 2 or more prior convictions, the information
or indictment charging that person shall state such prior
conviction convictions so as to give notice of the State's
intention to treat the charge as a felony. The fact of such
prior conviction convictions is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the following acts
commits soliciting for a prostitute:
(1) Solicits another for the purpose of
prostitution; or
(2) Arranges or offers to arrange a meeting of
persons for the purpose of prostitution; or
(3) Directs another to a place knowing such
direction is for the purpose of prostitution.
(b) Sentence. Soliciting for a prostitute is a Class A
misdemeanor. A person convicted of a second third or
subsequent violation of this Section, or of any combination
of such number of convictions under this Section and Sections
11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is shall
be guilty of a Class 4 felony. When a person has one 2 or
more prior convictions, the information or indictment
charging that person shall state such prior conviction
convictions so as to give notice of the State's intention to
treat the charge as a felony. The fact of such prior
conviction convictions is not an element of the offense and
may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(c) A peace officer who arrests a person for a violation
of this Section may impound any vehicle used by the person in
the commission of the offense. The person may recover the
vehicle from the impound after a minimum of 2 hours after
arrest upon payment of a fee of $200. The fee shall be
distributed to the unit of government whose peace officers
made the arrest for a violation of this Section. This $200
fee includes the costs incurred by the unit of government to
tow the vehicle to the impound. Upon the presentation of a
signed court order by the defendant whose vehicle was
impounded showing that the defendant has been acquitted of
the offense of soliciting for a prostitute or that the
charges have been dismissed against the defendant for that
offense, the municipality shall refund the $200 fee to the
defendant.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
Sec. 11-17. Keeping a Place of Prostitution. (a) Any
person who has or exercises control over the use of any place
which could offer seclusion or shelter for the practice of
prostitution who performs any of the following acts keeps a
place of prostitution:
(1) Knowingly grants or permits the use of such place
for the purpose of prostitution; or
(2) Grants or permits the use of such place under
circumstances from which he could reasonably know that the
place is used or is to be used for purposes of prostitution;
or
(3) Permits the continued use of a place after becoming
aware of facts or circumstances from which he should
reasonably know that the place is being used for purposes of
prostitution.
(b) Sentence.
Keeping a place of prostitution is a Class A misdemeanor.
A person convicted of a second third or subsequent violation
of this Section, or of any combination of such number of
convictions under this Section and Sections 11-14, 11-15,
11-18, 11-18.1 and 11-19 of this Code, is shall be guilty of
a Class 4 felony. When a person has one 2 or more prior
convictions, the information or indictment charging that
person shall state such prior conviction convictions so as to
give notice of the State's intention to treat the charge as a
felony. The fact of such conviction convictions is not an
element of the offense and may not be disclosed to the jury
during trial unless otherwise permitted by issues properly
raised during such trial.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the following acts
with a person not his or her spouse commits the offense of
patronizing a prostitute:
(1) Engages in an act of sexual penetration as
defined in Section 12-12 of this Code with a prostitute;
or
(2) Enters or remains in a place of prostitution
with intent to engage in an act of sexual penetration as
defined in Section 12-12 of this Code.
(b) Sentence.
Patronizing a prostitute is a Class A misdemeanor. A
person convicted of a second third or subsequent violation of
this Section, or of any combination of such number of
convictions under this Section and Sections 11-14, 11-15,
11-17, 11-18.1 and 11-19 of this Code, is shall be guilty of
a Class 4 felony. When a person has one 2 or more prior
convictions, the information or indictment charging that
person shall state such prior convictions so as to give
notice of the State's intention to treat the charge as a
felony. The fact of such conviction convictions is not an
element of the offense and may not be disclosed to the jury
during trial unless otherwise permitted by issues properly
raised during such trial.
(Source: P.A. 88-325.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token,
object, or article or anything of value from a prostitute,
not for a lawful consideration, knowing it was earned in
whole or in part from the practice of prostitution, commits
pimping.
(b) Sentence.
Pimping is a Class A misdemeanor. A person convicted of a
second third or subsequent violation of this Section, or of
any combination of such number of convictions under this
Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1
of this Code is shall be guilty of a Class 4 felony. When a
person has one 2 or more prior convictions, the information
or indictment charging that person shall state such prior
conviction convictions so as to give notice of the State's
intention to treat the charge as a felony. The fact of such
conviction convictions is not an element of the offense and
may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(Source: P.A. 88-680, eff. 1-1-95.)
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