Chicago Criminal Lawyer Blog
Understanding Indecent Solicitation of a Child Under Illinois Law
Indecent solicitation of a child, as defined under 720 ILCS 5/11-6, occurs when a person knowingly solicits a minor under the age of 17 to engage in sexual conduct or sexual penetration. This serious criminal charge can lead to significant legal penalties and lasting consequences.
Key Elements for Indecent Solicitation Charges
The prosecution must prove the following elements beyond a reasonable doubt:
- Solicitation: The defendant made an explicit request or proposal to a minor.
- Age of the Minor: The victim was under 17 years old at the time of the alleged offense.
- Intent: The accused had the intent for the minor to engage in sexual conduct or penetration.
Penalties for Indecent Solicitation of a Child
Conviction for indecent solicitation can lead to severe penalties, including:
- Class 1 Felony: If solicitation involved sexual penetration, punishable by 4 to 15 years in prison.
- Class 4 Felony: If solicitation involved sexual conduct without penetration, punishable by 1 to 3 years in prison.
- Sex Offender Registration: Mandatory registration under the Illinois Sex Offender Registration Act.
- Fines: Up to $25,000.
Defense Strategies for Indecent Solicitation Charges
1. Lack of Intent
A defense can be established if the accused did not intend for the minor to engage in sexual activity. Misinterpretation of statements can often lead to wrongful charges.
2. Mistaken Identity
If the accused was wrongly identified as the perpetrator, the defense can present:
- Alibi evidence.
- Witness statements.
- Surveillance footage.
3. Entrapment
If law enforcement induced the defendant to commit the crime through coercion or deception, it may be a valid defense.
4. Lack of Evidence
The defense can challenge the prosecution’s evidence if it lacks direct proof, such as:
- Absence of explicit communication.
- No physical evidence of solicitation.
5. Violation of Constitutional Rights
If the defendant’s rights were violated during the investigation or arrest, such as improper interrogation techniques, evidence may be suppressed.
Key Evidence in Indecent Solicitation Cases
- Digital Communications: Text messages, emails, or social media interactions.
- Witness Statements: Accounts from third parties who may have observed interactions.
- Forensic Evidence: Any digital footprints linking the accused to the solicitation.
Legal Process for Indecent Solicitation Charges
1. Investigation and Arrest
Law enforcement gathers evidence and interviews witnesses. Arrests can follow if probable cause exists.
2. Charges and Arraignment
Formal charges are filed, and the accused enters a plea at the arraignment hearing.
3. Pre-Trial Motions
The defense may file motions to suppress evidence obtained unlawfully or to dismiss unsupported charges.
4. Trial
The prosecution must prove guilt beyond a reasonable doubt, while the defense works to challenge the evidence and present alternative explanations.
5. Sentencing
If convicted, sentencing will be determined based on Illinois guidelines and may consider prior criminal history.
Importance of Legal Representation
Due to the severity of indecent solicitation charges, hiring an experienced defense attorney is critical. A skilled lawyer can:
- Identify weaknesses in the prosecution’s case.
- Negotiate plea agreements where appropriate.
- Protect the defendant’s constitutional rights throughout the process.
FAQs: Defending Against Indecent Solicitation of a Child Charges in Illinois
What qualifies as solicitation under Illinois law? Solicitation involves knowingly requesting or encouraging a minor to engage in sexual conduct or penetration.
Can someone be charged without physical contact? Yes, solicitation can occur through verbal or digital communication without physical contact.
What if the alleged victim lied about their age? Claiming ignorance of the minor’s age is generally not a defense under Illinois law.
Are plea bargains possible in solicitation cases? Yes, depending on the circumstances, plea negotiations may result in reduced charges or sentencing alternatives.
What is the penalty for a first-time offense? Penalties can range from a Class 4 felony (1 to 3 years) to a Class 1 felony (4 to 15 years) depending on the details of the case.
How can digital evidence impact the case? Text messages, emails, and other electronic records can be crucial for both the prosecution and defense.
Can law enforcement use sting operations in solicitation cases? Yes, but entrapment defenses may apply if law enforcement improperly coerced the accused into committing the crime.
What should I do if falsely accused? Contact a defense attorney immediately and avoid discussing the case with law enforcement without legal counsel.
Is sex offender registration mandatory for a conviction? Yes, a conviction for indecent solicitation typically requires lifetime registration as a sex offender.
Can indecent solicitation charges be expunged? Generally, convictions for sex offenses involving minors cannot be expunged under Illinois law.
Call Attorney David Freidberg For a FREE Consultation
If you have been accused of a sex crime in Illinois, you need a skilled defense attorney to protect your rights and future. The Law Offices of David L. Freidberg offers compassionate and aggressive representation for clients facing these serious charges. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve DuPage County, Cook County, Will County, and Lake County. Let us fight for your defense and your future.
