What Constitutes Online Solicitation?

 Posted on May 23, 2024 in Criminal Law

Online solicitation is a serious offense that can lead to severe legal consequences, and it is beneficial to fully understand what constitutes an online solicitation crime. An Illinois lawyer can discuss the potential penalties and defend against these charges. 

What is Online Solicitation in Illinois?

Online solicitation is a serious offense in Illinois, involving the use of the internet or other electronic means to entice, lure, or persuade someone to engage in illegal sexual conduct. This can include soliciting a minor for sexual purposes or soliciting an adult while pretending to be a minor.

Key Elements of Online Solicitation

To prove online solicitation in Illinois, prosecutors must establish certain key elements, including:

• The defendant used the internet to communicate with the victim.

• The defendant intended to engage in sexual conduct with the victim.

• The defendant believed the victim was a minor or pretended to be a minor.

• The defendant took a substantial step toward committing the offense.

It is important to note that the actual age of the victim is irrelevant if the defendant believed they were communicating with a minor.

Penalties for Online Solicitation in Illinois

The penalties for online solicitation in Illinois vary depending on the specific circumstances of the case and the defendant’s criminal history. Generally, online solicitation of a minor is a Class 4 felony, punishable by one to three years in prison and a fine of up to $25,000. However, if the defendant has a prior conviction for a sex offense, the charge can be elevated to a Class 3 felony, carrying a potential sentence of two to five years in prison.

Defenses Against Online Solicitation Charges

If you are facing online solicitation charges in Illinois, work with an attorney who can help you through the legal system and develop a strong defense strategy. Some potential defenses against online solicitation charges include:

• Entrapment: If law enforcement officers induced the defendant to commit the offense, entrapment may be a possible defense.

• Insufficient evidence: If the prosecution lacks sufficient evidence to prove the key elements of the offense beyond a reasonable doubt, the charges may be dismissed or reduced.

Protecting Your Rights

If you are under investigation or have been charged with online solicitation in Illinois, exercise your right to remain silent and consult a lawyer immediately. Your attorney can help protect your rights, investigate the allegations, and develop a comprehensive defense strategy tailored to your circumstances.

Contact a DuPage County, IL Criminal Defense Lawyer

Online solicitation is a serious crime, with potentially severe consequences for those convicted. You can benefit from having a Wheaton, IL criminal defense attorney by your side throughout the journey. Call Stephen A. Brundage at 630-260-9647 for a free consultation.