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Sexual offenses, especially those related to children have received a lot of attention in the media recently.

United States Court of Appeals,Seventh Circuit.

A large of women and even men have come forward alleging that they were made indecent sexual proposals in exchange for money or as a way to advance their careers. People have also come forward with claims that they were made such offers while they were under aged. The State of Illinois has had strict regulations to control such solicitation and the state department is quite active in apprehending sexual predators to keep them off the streets.

The law states that a person commits the offense of solicitation of a sexual act when he or she offers another person, who is not his or her spouse, any money, property, token, object or anything of value to perform either of the following acts. The law also covers indecent solicitation of .

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A person who is 17 years or older commits this offense when he or she knowingly solicitsor a person whom he believes to beto perform an act of sexual penetration or sexual conduct as defined in the legislation. A person also commits the offense of indecent solicitation of if he or she knowingly discusses an act of sexual conduct or penetration withor a person he or she believes to beby means of the internet.

Solicitation of a sexual act is a Class A misdemeanor which is punishable by up to one year in prison. Solicitation of a sexual act from a person who is under 18 years old but over 13 years or has a severe intellectual disability is a Class 4 felony if committed by a person who is also under 18 years old while it is a Class 1 felony if committed by an adult.

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Solicitation of a sexual act from who is under 13 years old is a Class 2 felony if the offense is committed by a person under 18 years old and a Class X felony when committed by an adult. Solicitation of a sexual act in exchange for anything of value is a similar offense to prostitution.

The difference is that the person who gets charged is the one who is trying gain sexual gratification in exchange for something of value. Just as a prostitute can be charged even if no sexual act has taken place, the person accused of solicitation can be convicted even if no sexual act has occurred.

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The mere act of asking for sex can be charged as an offense. Solicitation of a sex act involving children is taken very seriously.

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A man from Lockport was recently charged with soliciting sex from a minor and indecent solicitation of sexual criminal abuse. Evan Gutowski, 21, was arrested and jailed after he allegedly solicited a person online who he thought was a young girl. He travelled to meet with the supposed juvenile at a public park to perform the sex act.

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Gutowski had allegedly solicited a 10 year old female online persona to perform a sex act after meeting the person through a mobile app. In another case a man wanted for a of sexual felonies related to children was found dead in a field from what appeared to be self-inflicted gunshot wounds.

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Robert L James 63, who was a retired teacher, was wanted on charges of child porn, indecent solicitation of and sexual exploitation of. Police claimed that he had pornographic images of who was younger than 13 before soliciting a sex act from that. The man had been arrested ly in and released on bail.

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A warrant had been issued for his arrest after he missed a court hearing. Many solicitation cases involve sting operations where undercover officers from the law enforcement agencies pretend to be a prostitutes or minors.

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A college student contacted the service and agreed to meet up at a motel. When the student arrived at the place he was arrested by the police and charged with soliciting indecent sexual act. The defense team argued that the police used entrapment to lure the defendant.

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The judge noted that the accused did not initiate the solicitation of the sexual act as he merely responded to the advertisement. The case was dismissed and the defendant released.

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Solicitation of a sexual act is a broad term with many interpretations. Unless there is a written record of the conversation, such as text messages or chat logs, the case depends on witness testimony. One defense available to the accused is that they never actually solicited for sex and the accuser or police officer simply misunderstood their statement.

This defense is quite tricky and only a capable defense attorney can execute it perfectly. Another defense is to argue entrapment by the law enforcing agencies. For example, if an undercover agent uses excessively seductive behavior that causes the defendant to solicit sex in exchange for money, the defense may be able to employ this tactic.

When charged with soliciting sex from a minor, a defendant may also be able to argue that he or she was not aware of the age of the person. In some cases, teens look older than their age.

Please do not include any confidential or sensitive information in a contact form, text message, or voic. The contact form sends information by non-encryptedwhich is not secure.

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Submitting a contact form, sending a text message, making a phone call, or leaving a voic does not create an attorney-client relationship. The Law Offices of David S. Practice Areas. Criminal Defense.

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Sex Offenses. Prostitution Related Charges. Solicitation of a Sexual Act. Solicitation of a Sexual Act Sexual offenses, especially those related to children have received a lot of attention in the media recently. An act of sexual penetration as defined in the statute.

Touching or fondling the sex organs of the person for the purpose of sexual stimulation or gratification.

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Punishments Solicitation of a sexual act is a Class A misdemeanor which is punishable by up to one year in prison. Considerations Solicitation of a sexual act in exchange for anything of value is a similar offense to prostitution. Examples and Court Cases Solicitation of a sex act involving children is taken very seriously. Possible Legal Defenses Solicitation of a sexual act is a broad term with many interpretations.

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