Please note that this article is based on Illinois law and only applies to Illinois. Remember, the laws in each state are different.
The crime of solicitation of a prostitute, under Illinois law, means not only soliciting another person for the purpose of prostitution, but also arranging or offering to arrange a meeting for the purpose of prostitution.
The offense of prostitution is defined as “Any person who performs, offers or agrees to perform any act of sexual penetration…for any money, property, token, object or article or anything of value, or any touch or caress of the sexual organs of a person for another person, for any money, property, garment, object or article or anything of value, for the purpose of sexual arousal or gratification.”
So if you offer money for sex or even arrange a meeting for the purpose of offering money for sex, you have committed the crime of soliciting a prostitute.
The “agreement” includes exchanges over the Internet. The crime of solicitation no longer necessarily has to happen on the street or in an alley. For example, in Illinois, if you post an ad online for massage with the actual intent to pay for sex, that exchange would be considered arranging or offering to arrange a meeting for the purpose of prostitution.
The rise of Internet sites such as Craigslist has led to the rise of “sting” and increased crackdown on those who appear to be looking for sex for money on the Internet. Massages, escort services, or anything that once went unnoticed by law enforcement when advertised in a phone book or in a store is now in the spotlight with the help of the Internet. The Internet provides an opportunity to engage in a conversation that can incriminate a person and provide a stage for a bite.
And, the crackdown is happening both ways. Law enforcement not only pursues those seeking or arranging sex for money, but also those who advertise sex for money. For example, offering a massage service through an Internet ad, whether or not with the actual intention of organizing a meeting for the purpose of prostitution, could expose a person to a possible sting operation by undercover police officers.
The crimes of solicitation of a prostitute and prostitution are usually misdemeanors for first-time offenders, which could carry a fine and jail time of up to one year. They are felonies for second time offenders or if the request or act occurred within 1000 feet of a school. Serious crimes can carry a sentence of more than a year in prison.
