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Illinois Information Resource Library

About | Child Trafficking and Exploitation and Child Protective Services

Awareness and education are critical to preventing child exploitation and trafficking in Illinois and across the nation. The resources, information, and tools below will help you gain knowledge, know the facts, and get in the fight by mobilizing your community to end the war on children.

Section I: Illinois State Laws

The following is a list of state statutes that relate to human and child trafficking with links and short summaries.

Abused and Neglected Child Reporting Act
CLICK TO READ LAW 325 ILCS 5 (Sections 5/1 through 5/11.8)
Summary: This Act governs regulations and procedures related to investigations conducted by Illinois’s Department of Children and Family Services (DCFS) pursuant to reports of alleged child abuse and/or child neglect. The Act also covers mandatory reporting requirements including a new Illinois mandate, effective August 8, 2023, requiring Electronic/Information Technology (IT) equipment workers/servicers to file a report, in accordance with 42 U.S.C. 13032upon discovering child pornography while installing, repairing, or otherwise servicing electronic and/or IT equipment. For more information, including a list of mandated reporters under this Act, click here.

Child Sexual Abuse Prevention Act
CLICK TO READ LAW 325 ILCS 15 (Sections 15/1 through 15/7)
Summary: This Act governs regulations and procedures related to investigations conducted by Illinois’s Department of Children and Family Services (DCFS) pursuant to reports of alleged child abuse and/or child neglect. The Act also covers mandatory reporting requirements including a new Illinois mandate, effective August 8, 2023, requiring Electronic/Information Technology (IT) equipment workers/servicers to file a report, in accordance with 42 U.S.C. 13032upon discovering child pornography while installing, repairing, or otherwise servicing electronic and/or IT equipment. For more information, including a list of mandated reporters under this Act, click here.

Child Online Exploitation Reporting Act
CLICK TO READ LAW 325 ILCS 15 (Sections 15/1 through 15/7)
Summary: This Act governs regulations and procedures related to investigations conducted by Illinois’s Department of Children and Family Services (DCFS) pursuant to reports of alleged child abuse and/or child neglect. The Act also covers mandatory reporting requirements including a new Illinois mandate, effective August 8, 2023, requiring Electronic/Information Technology (IT) equipment workers/servicers to file a report, in accordance with 42 U.S.C. 13032upon discovering child pornography while installing, repairing, or otherwise servicing electronic and/or IT equipment. For more information, including a list of mandated reporters under this Act, click here.

Safeguard Our Children Act
CLICK TO READ LAW 325 ILCS 58 (Sections 58/1 through 58/15)
Summary: This law sets forth procedures designed to manage incidences of missing children who, while placed at government-contracted residential facilities, are under the care and legal custody of the IL DCFS. Pursuant to this law, if a child is under the custody and care of the DCFS and there has been no contact between an employee of the residential facility and the child for 12 hours and the child is absent from the facility without prior approval, the child is deemed missing. This circumstance triggers a specific process the operator of the facility to inform the child’s caseworker that the child is missing and file a report regarding the missing child to the National Center for Missing and Exploited Children. Notice to law enforcement is also mandated.

Selling or Giving Publication to Minors Prohibited
CLICK TO READ LAW 720 ILCS 670/1
Summary: It is unlawful for a person to sell or give a minor a publication made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust, or crime.

An offender can be found guilty of a misdemeanor.

Exhibition Within View of Minor Prohibited
CLICK TO READ LAW 720 ILCS 670/2
Summary: It is unlawful to show a minor on any public road, or within view of the road, a publication depicting anything listed in 720 ILCS 670/1.

An offender can be found guilty of a misdemeanor.

Hiring Minor to Distribute Publication Prohibited
CLICK TO READ LAW 720 ILCS 670/3
Summary: It is unlawful to hire a minor to sell or give away a publication containing material listed in 720 ILCS 670/1.

An offender can be found guilty of a misdemeanor.

Using or Employing a Child for Injurious, Dangerous or Immoral Purposes Prohibited
CLICK TO READ LAW 720 ILCS 150/1
Summary: It is unlawful for a person who has legal custody of a child under 14 years to allow any child to be involved in vocations or occupations for injurious, dangerous or immoral purposes. Exception for religious and educational institutions.

Taking or Employment of a Child Prohibited
CLICK TO READ LAW 720 ILCS 150/2
Summary: It is illegal for a person to employ a child for injurious, dangerous, or immoral purposes.

Improper Supervision of a Child
CLICK TO READ LAW 720 ILCS 640/1
Summary: A parent or legal guardian is guilty of Improper Supervision of a Child when they knowingly permit a child in their custody to, among other things, visit a place of prostitution and to commit a lewd act.

Confidentiality of Law Enforcement and Court Records
CLICK TO READ LAW 725 ILCS 190/3
Summary: Unless other law provides, inspection and copying of law enforcement records made by law enforcement agencies or circuit court records relating to any investigation or proceeding about criminal sexual offenses, with exceptions, shall be restricted to exclude identifying information of the victim.

Criminal Sexual Offense and School Districts
CLICK TO READ LAW 725 ILCS 191/15
Summary: When a criminal sexual offense is either committed or to alleged to have been committed by a school employee, a copy of the criminal history record information relating to the offense shall be transmitted to the school superintendent immediately upon request. The superintendent must exclude the identity of the victim and must not reveal the identity of the victim.

Child Abduction
Summary: Any person who intentionally conceals, detains or removes a child without the consent of the mother or legal guardian or intends to obstruct or prevent efforts to location a victim of child abduction or knowingly alters, conceals or disguises physical evidence or produces false information.
 
Luring of a Minor
Summary: A person may be found guilty of luring a minor if they knowingly contact or communicate electronically to a minor under 15 years with the intent to lure the minor away from their home for an unlawful purpose without, and have the intent to avoid, the express consent of the legal guardian. Communication in furtherance of employment is allowed.
 
Aiding or Abetting Child Abduction
Summary: Anyone who aids or abets in Child Abduction may be found guilty of a Class 4 felony.
 
Failure to Report the Death or Disappearance of a Child under 13 years of age
Summary: A person responsible for a child under 13 years of age who dies or disappears and fails to report such event within 24 hours may be found guilty of a Class 4 felony. If the child is under 2 years, the reporting period is 1 hour.
 
Criminal Sexual Assault
Summary: If a person engages in sexual penetration and uses threat of force, knows the victim is unable to understand the nature of the act or is unable to give knowing consent, the actor is a family member of the victim is a minor, or the actor is at least 17 and holds a position of trust or authority over the victim and the victim is between 13 and 18, then the person commits Criminal Sexual Assault.
In certain instances, an offender can be sentenced to between 30 and 60 years in prison.
 
Aggravated Criminal Sexual Assault
Summary: A person commits in aggravated criminal sexual assault if they commit criminal sexual assault and any of the following aggravating circumstances exist:
  1. Person displays or threatens to use a dangerous weapon, other than a firearm, that leads the victim reasonably believes that the object is a dangerous weapon
  2. Person causes bodily harm to the victim
  3. Person acts in a manner that threatens or endangers the life of the victim or another person
  4. Person commits the criminal sexual assault during the course of committing or attempting to commit another felony
  5. Victim is 60 or older
  6. Victim is a person with a physical disability
  7. Person delivers any controlled substance to the victim without the victim’s consent or by threat or deception
  8. Person is armed with a firearm
  9. Personally discharges a firearm during the commission of the offense
  10.  Person discharges a firearm during the commission of the offense and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
A person commits aggravated criminal sexual assault if the person is under 17 and:
  1. Commits an act of sexual penetration with a victim under 9 years old, or
  2. Commits an act of sexual penetration with a victim between 9 and 13 and the person uses force or threat of force to commit the act. 
A person commits aggravated criminal sexual assault if the person engages in sexual penetration with a victim who is a person with a severe or profound intellectual disability. An offender who commits this crime with certain aggravating circumstances can have 25 years to life are added to their sentence.
 
Predatory Criminal Sexual Assault of a Child
Summary: A person can be found guilty of Predatory Criminal Sexual Assault of a Child if the offender is 17 or older and commits an act of contact between the sex organs and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and the victim is under 13 or the victim is under 13 and the offender:
 
Is armed with a firearm
  1. Personally discharges a firearm during the commission of the offense
  2. Causes great bodily harm to the victim that results in permanent disability or is life threatening, or
  3. Delivers any controlled substance to the victim without the victim’s consent or by threat or deception, for other than medical purposes. 
An offender can be found guilty of a Class X felony and, depending on how the law is violated, punished between 6 and 60 years, subject to enhancements.
 
Criminal Sexual Abuse
Summary: A person commits criminal sexual abuse if that person commits an act of sexual conduct by the use of force or threat of force or that person knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.
 
A person commits criminal sexual abuse if that person is under 17 and engages in sexual penetration or sexual conduct with a victim who is between 9 and 17 years of age.
 
A person commits criminal sexual abuse if that person is between 13 and 17 and the person is less than 5 years older than the victim.
 
An offender can be found guilty of a misdemeanor or felony, depending of the facts and circumstances.
 
Aggravated Criminal Sexual Abuse
Summary: A person can be found guilty of aggravated criminal sexual abuse if that person commits criminal sexual abuse and if any of the following aggravating circumstances exist:
  1. Person displays or threatens to use a dangerous weapon, other than a firearm, that leads the victim reasonably believes that the object is a dangerous weapon
  2. Person causes bodily harm to the victim
  3. Victim is 60 or older
  4. Victim is a person with a physical disability
  5. Person acts in a manner that threatens or endangers the life of the victim or another person
  6. Person commits the criminal sexual assault during the course of committing or attempting to commit another felony
  7. Person delivers any controlled substance to the victim without the victim’s consent or by threat or deception
A person can be found guilty of aggravated criminal sexual abuse if that person engages in sexual conduct with a victim under the age of 18 years of age, who is a minor and the person is a family member.
 
A person is guilty of aggravated criminal sexual abuse if:
1. That person is 17 or older and commits an act of sexual conduct with a victim under 13 or with a victim between 13 and 17 and the person uses force or threat of force
2. That person is under 17 and commits an act of sexual conduct with a victim under 9 or or with a victim between 9 and 17 and the person uses force or threat of force
A person is guilty of aggravated criminal sexual abuse if they commit an act of sexual penetration or conduct with a victim between 13 and 17 and the person is at least 5 years older than the victim. 
 
A person is guilty of aggravated criminal sexual abuse if they engage in sexual conduct with a person with a severe or profound intellectual disability, the victim is under 17 and the actor is over 18 and holds a position of authority over the victim.
 
Any offender of aggravated criminal sexual abuse is guilty of a Class 1 or 2 felony, depending on which subsection offender is violated.
 
Indecent Solicitation of a Child
Summary: A person over 17 commits indecent solicitation of a child if the person, with the intent to commit Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, Criminal Sexual Abuse, or Aggravated Criminal Sexual Abuse, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct.
 
A person over 17 commits indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or penetration with a child or with one they believe to be a child by means of the Internet with the intent to commit Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, Criminal Sexual Abuse, or Aggravated Criminal Sexual Abuse.
 
An offender can be found guilty of either a Class 1, 2, 3, or 4 felony depending on what crime was intended.
 
CLICK TO READ LAW 720 ILCS 5/11-6.5
Summary: A person commits Indecent Solicitation of an adult if the person knowingly:
  1. Arranges for a person 17 or older to commit an act of sexual penetration with a person under 13 or between 13 and 17, or
  2. Arranges for a person 17 or older to commit an act of sexual conduct with a person under 13 or between 13 and 17.
This crime can be a misdemeanor or felony, depending on the ages of those involved in the crime.
 
Solicitation to Meet a Child
Summary: A person 18 or older who uses an electronic device with the intent to meet a child or someone they believe to be a child, solicits the child to meet at a location without the knowledge of the child’s lawful guardian for an unlawful purpose.
 
Generally, an offender is guilty of a Class 4 felony if the solicitor is 5 years or older than the child. Otherwise, it is a Class A misdemeanor.
 
Unlawful Sale of a Public Conveyance Travel Ticket to a Minor
Summary: Anyone who sells a travel ticket for a public conveyance to an unemancipated minor under 17 years old to a destination outside of Illinois and without the consent of the minor’s parents or guardian may be found guilty of a Class C misdemeanor.
 
Unlawful Sending of a Public Conveyance Travel Ticket to a Minor
Summary: Anyone who sends a travel ticket or knowingly arranges travel on a public conveyance to an unemancipated minor under 17 years old to a destination outside of Illinois and without the consent of the minor’s parents or guardian is guilty of a Class C misdemeanor. If the offender is at least 5 years older than the minor, the offender may be found guilty of a Class 4 felony.
 
The severity of this crime and others listed for the State of Illinois, of which a defendant may be charged with may vary.  For example, a defendant’s prior conviction of a similar crime may subject the defendant to a higher and more serious degree of Felony.  Also, if the defendant is found guilty, factors such as past criminal history, affect the severity of the sentence.  However, in certain situations, mandatory minimum sentencing may set forth a minimum sentence or other punishment that must be served irrespective of the defendant’s circumstances.
 
Sexual Exploitation of a Child
Summary: A person commits sexual exploitation of a child if in the presence of a child and with knowledge that a child or one who they believe is a child would view the acts, the person engages in a sexual act or exposes their sex organs for the purpose of sexual arousal or gratification of that person or the child.
 
A person violates the law if they knowingly entice a child to remove the child’s clothes for the purpose of sexual arousal or gratification of the person or child or both.
 
This crime can be a Class A misdemeanor, or a Class 4 felony if the victim was under 13 or by someone 18 or older and is either on or within 500 feet of elementary or secondary school grounds.
 
A subsequent violation is a Class 4 felony.
 
Permitting Sexual Abuse of a Child
Summary: If a person has actual knowledge of and permits an act of sexual abuse upon the child or permits the child to engage in prostitution is guilty of Permitting Sexual Abuse of a Child. 
 
An offender can be found guilty of a Class 1 Felony.
 
Failure to Report Sexual Abuse of a Child
Summary: Any person over 18 and knowingly fails to report sexual abuse of a child to law enforcement when they personally observe the sexual abuse between someone who is over 18 and anyone under 13 can be found guilty of a misdemeanor or a felony.
 
Custodial Sexual Misconduct
Summary: A person is guilty of Custodial Sexual Misconduct when:
  1. They are an employee of a penal system and engages in sexual conduct or penetration with a person who is in the custody of that system
  2. They are an employee of a treatment and detention facility and engages in sexual conduct or penetration with a person who is in the custody of that treatment and detention facility
  3. They are an employee of a law enforcement agency and engages in sexual conduct or penetration with someone who is in the custody of a law enforcement agency or employee.
Presence of Sex Offenders in Prohibited Areas
Summary: The following are unlawful:
 
  1. For a child sex offender to knowingly be present in any building owned by a school when minors are present in the building, unless the offender is a parent or guardian who is subject to several conditions.
  2. For a child sex offender to knowingly be present within 100 of a pick-up/discharge stop for school transportation when minors are present.
  3. For a child sex offender to knowingly be present in any public park building or playground unless the offender is a parent or guardian who is present.
  4. For a child sex offender to knowingly loiter within 500 of school buildings or property while minors are present, unless the offender is a parent or guardian who is subject to several conditions.
  5. For a child sex offender to knowingly reside within 500 feet of any school building or property, any public park building or playground, child daycare or other similar institution, residence of the victim of the sex offense
  6. For a child sex offender to knowingly communicate with a child or someone they believe to be a child for an unlawful purpose
  7. For a child sex offender to knowingly operate or manage a facility that provides programs or services directed toward minors
  8. For a child sex offender to knowingly participate in a holiday event involving minors
  9. For a child sex offender to knowingly operate or manage an amusement enterprise
  10. For a child sex offender to knowingly own and reside at residential real estate to knowingly rent any unit to a person who is the legal custodian of a minor.
  11. For a child sex offender to knowingly offer or provide any programs or services to minors.
  12. For a child sex offender to knowingly operate certain vehicles.
An offender can be found guilty of a Class 4 felony
 
Presence of Sex Offenders in or near Public Parks
Summary: It is unlawful for a sexual predator or a child sex offender to knowingly be present or loiter in any public park building or property or on a public way within 500 feet of a public park building or property.
 
An offender can be found guilty of a Class A misdemeanor. A subsequent offense is a Class 4 felony.
 
Sexual Misconduct with a Person with a Disability
Summary: A person who knowingly engages in sexual conduct or penetration with a person with a disability who is under the care and custody of the DHS at a State-facility; or a person who is an employee of a community agency funder by DHA and knowingly engages in sexual conduct or penetration with a person with a disability who is in a residential program operate by a community agency; can be found guilty of a Class 3 felony and immediately forfeits their employment with the State or the community agency, if found guilty.
 
Trafficking in Persons, Involuntary Servitude, and Related Offenses
Summary: To cause someone to engage in involuntary servitude can be either a Class X, 1, 2, 3, or 4 felony depending on how involuntary servitude is propagated.
 
A person commits involuntary sexual servitude of a minor if they knowingly obtain, by any means, a minor, knowing that they will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography. An offender is guilty of either a Class X or Class 1 felony depending on the minor’s age.
 
A person commits human trafficking when they obtain, by any means, another person and knows that they will be subjected to involuntary servitude or financially benefits from the trafficking of persons. An offender is guilty of a Class 1 felony. An offending company may be liable for a fine up to $100,000.
 
If a person commits any one of these violations through kidnapping, attempt to kidnap, aggravated criminal sexual assault, or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder, the offender may be found guilty of a Class X felony.
 
An offender is required to pay the victim the greater of the gross income or value of the victim’s services or the value of the victim’s labor guaranteed under the Minimum Wage Law and overtime under Fair Labor Standards Act or the Minimum Wage Law, whichever is greater. Offenders are also subject to criminal property forfeiture.
 
Sexual Relations Within Families
Summary: A person who commits an act of sexual penetration with a family member and knows that they are related to the other person by either sibling, blood or half-blood, adopted child, stepparent/stepchild, aunt/uncle, or grandparent can be found guilty of committing sexual relations within families.
 
An offender can be found guilty of a Class 3 felony.
 
Prostitution
Summary: Any person who knowingly performs, offers, or agrees to perform any act sexual penetration for anything of value, or any touching of the sex organs of one person by another person, for the purpose of sexual arousal or gratification commits an act of prostitution.
 
An offender can be found guilty of a Class A misdemeanor.
 
Summary: Any person who offers a person who is not their spouse anything of value to perform any act of sexual penetration or any touching or fondling of sex organs of one person by another for the purpose of sexual arousal or gratification, is guilty of Solicitation of a Sexual Act.
 
Solicitation of a Sexual Act from an adult to a person with intellectual disabilities is a Class 4 felony.
 
Promoting Prostitution
Summary: Any person who knowingly performs any of the following are guilty of promoting prostitution:
    1. Advances prostitution
    2. Profits from prostitution by:

a. Compelling a person to become a prostitute
b. Arranging or offering to arrange a situation in which a person may practice prostitution
c. Any other means from a person who patronizes a prostitute

An offender can be found guilty a felony.
 
Promoting Juvenile Prostitution
Summary: Any person who knowingly performs any of the following is guilty of promoting juvenile prostitution:
  1. Advances prostitution with a minor or a person with an intellectual disability involved
  2. Profits from prostitution by any means where the prostituted person is a minor or an intellectual disability
  3. Profits from prostitution by any means where the prostituted person is under 13
  4. Confines a minor with an intellectual disability against their will by the infliction or threat of imminent infliction of bodily harm or permanent disability
An offender found guilty can be punished from 6 to 60 years in prison. Any offender is subject to property forfeiture.
 
Summary: Any person who knowingly performs the following are guilty of patronizing a prostitute:
  1. Engages in an act of sexual penetration with a prostitute
  2. Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration, or
  3. Engages in any touching or fondling with a prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.
An offender can be found guilty of a felony.
 
Patronizing a Minor engaged in Prostitution
Summary: A person is guilty of Patronizing a Minor engaged in prostitution if they engage in an act of sexual penetration with a minor engaged in prostitution or is a person with a severe intellectual disability or engages in the touching or fondling with a minor engaged in prostitution.
 
An offender can be found guilty of a felony.
 
Obscenity
Summary: An offender of obscenity with knowledge of the nature or content or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content, he or she:
  1. Sells, delivers or provides, or offers or agrees to provide any obscene writing, picture, record, or other representation or embodiment of the obscene
  2. Presents or directs an obscene performance or participates directly in that portion thereof which makes it obscene,
  3. Publishes anything obscene,
  4. Performs an obscene act or exhibition
  5. Creates obscene matter or material with intent to disseminate it, or
  6. Advertises or otherwise promotes the sale of material represented as obscene
Child Pornography
Summary: An offender commits child pornography if they:
  1. Films or portrays any child whom he or she knows or reasonably should know to be a minor or any person with an intellectual disability,
  2. Reproduces any medium that depicts a child or person with a severe intellectual disability known or should have been known to be a minor, or
  3. Produces any material that depicts a child or person with a severe intellectual disability known or should have been known to be a minor, or
  4. Solicits or uses a minor or a person with an intellectual disability in a performance
  5. Are a parent or legal guardian of a minor or a person with an intellectual disability who permits the acting in a performance
  6. Records a minor or a person with an intellectual disability involved in certain activity
  7. Solicits or uses a minor or a person with an intellectual disability to appear in a medium in which the performer will be depicted, actually or by simulation.
An offender can be found guilty of up to a Class X felony and is subject to fines between $2,000 and $100,000.
 
Duty of Commercial Film and Photographic Print Processors or Computers Technicians to Report Sexual Depiction of Children
Summary: Any commercial medium processor or computer technician who has knowledge of or observes any medium which depicts a child whom the person knows or reasonably should know to be a minor where such child is:
  1. Actually or by simulation engaged in any act of sexual penetration or conduct
  2. Actually or by simulation engaged in any act of sexual penetration or conduct involving the sex organs of the minor
  3. Actually or by simulation engaged in any act of masturbation
  4. Actually or by simulation portrayed as being the object, of any act of fondling, touching, or caressing
  5. Actually or by simulation engaged in any act of excretion or urination within a sexual context
  6. Actually or by simulation portrays or depicts BDSM
  7. Depicts or portrays sex organs
Shall report to local law enforcement or other appropriate authorities. Failure to report can result in a $1,000 fine.
 
Harmful Material
Summary: A person commits distribution of harmful material to a minor when they knowingly gives to a minor, any material that contains BDSM material or admits a minor to a premises where harmful material is being shown.
 
An offender can be found guilty of a misdemeanor or felony.
 
Tie-In Sales of Obscene Publications to Distributors
Summary: Any person or business or any agent thereof, engaged in the distribution of publications who refuses to do business with other dealers to furnish material that normally contains obscene material is guilty of a petty offense.
 
Posting of Identifying or Graphic Information on a pornographic Internet Site or Possessing Graphic Information with Pornographic Material
Summary: A person at least 17 years olde who knowingly discloses on an adult obscenity or child pornography website the personal information of another person 17 years or older without their consent is guilty of this crime.
 
An offender can be found guilty of a felony.
 
Non-Consensual Dissemination of Private Sexual Images
Summary: A person commits non-consensual dissemination of private sexual images when they:
 
1. Intentionally disseminates an image of another person who is either:

a. At least 18 years old, and
b. Identifiable from the image itself or information displayed in connection with the image, and
c. Engaged in a sexual act or whose intimate parts are exposed, in whole or in part, and

2. Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private, and
3. Knows or should have known that the person in the image has not consented to the dissemination.

An offender can be found guilty of a felony.

Child Pornography by Sex Offender
Summary: It is unlawful for a child sex offender to knowingly:
  1. Conduct or operate any type of business in which they record an image of a child, or
  2. Conduct or operate any type of business in which they instruct or direct another person to record an image of a child, or
  3. Record or instruct another to record an image of a child without the consent of the parent or guardian.
An offender can be found guilty of a felony.
 
Grooming
Summary: Any person who knowingly uses a computer on-line service or another online service or performs an act in person or attempt to solicit a child’s legal guardian to commit any sex offense to distribute photos depicting the sex organs of the child or with another person believed by the person to be a child.
 
An offender can be found guilty of a felony.
 
Transmission of Obscene Messages
Summary: A person transmits of obscene messages when they send messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of using a communications device that transmits news or messages between states or within the State.
 
Harassment by Telephone
Summary: A person harasses via a phone if they either:
  1. Make any comment which is obscene, lewd, lascivious, filthy or indecent with an intent to offend
  2. Make a call with intent to abuse, threaten or harass any person
  3. Make or cause another’s phone to repeatedly ring with intent to harass any person
  4. Make repeated calls, during which conversation ensues, solely to harass any person
  5. Make a call or knowingly induce a person to make a call for the purpose of harassing another who is under 13 years or old, regardless of consent, if the defendant is at least 16, or
  6. Knowingly permits any phone under one’s control to be used for any of the above purposes
Traveling to Meet a Child
Summary: A person who travels or attempts to travel for the purpose of engaging in any sex offense or other unlawful sexual conduct with a child or with a person believed by the person to be a child.
 
An offender can be found guilty of a felony.
 
Harassment through Electronic Communications
Summary: A person harassment through electronic communication if they use the Internet for any of the following purposes:
  1. Make a comment which is obscene with an intent to offend
  2. Interrupt, with the intent to harass, the phone or electronic service of any person
  3. Transmit to any person, with the intent to harass and prevent a person from using their electronic device
  4. Transmit an electronic or knowingly inducing a person to transmit for the purpose of harassing minors
  5. Threaten injury to the person or to the property of the person to whom an electronic communication is directed or to any relative of the person
  6. Knowingly permitting any electronic communications device to be used for any of the above purposes.
 
Child Protective Services (CPS) Laws

Department; Powers
CLICK TO READ LAW 20 ILCS 505/2
Summary: The Department of Children and Family Services (DCFS) have the authority to carry out the enumerated powers in the Act.

Department; Duty to Ensure Sufficiency
CLICK TO READ LAW 20 ILCS 505/3
Summary: DCFS shall ensure a sufficient number of placement and resources to meet the needs of children and families.

Services for Abused and Neglected Children
CLICK TO READ LAW 20 ILCS 505/4a
Summary: DCFS is responsible for the administration of child abuse prevention shelters and service programs for abused and neglected children.

Victims of Sex Trafficking
CLICK TO READ LAW 20 ILCS 505/5.05
Summary: DCFS is responsible for developing a comprehensive strategy and continuum of care to treat foster children who are identified as victims of sex trafficking. A multi-disciplinary workgroup reviews treatment programs and, among other things, evaluate the need for new programs relating to sex trafficking.

Development and Preservation of Sibling Relationships for Children in care; Placement of Siblings; Contact Among Siblings Apart
CLICK TO READ LAW 20 ILCS 505/7.4
Summary: When family separation occurs through State intervention, every effort must be made to preserve, support and nurture sibling relationships when it is in the best interest of the sibling.

Child Care Act of 1969; Injunction
CLICK TO READ LAW 20 ILCS 510/510-25
Summary: DCFS has the power to initiate injunction proceedings whenever it appears that any person or entity engaged or will engage in acts or practices that violate the Illinois Child Care Act of 1969.

Foster Parent Rights
CLICK TO READ LAW 20 ILCS 520/1-15
Summary: Contains a list of enumerated rights of Foster Parents

Foster Parent Responsibilities
CLICK TO READ LAW 20 ILCS 520/1-20
Summary: Contains a list of enumerated responsibilities of Foster Parents

Foster Children’s Bill of Rights
CLICK TO READ LAW 20 ILCS 521/5
Summary: Contains a list of enumerated rights for Foster Children

Execution of Compact
CLICK TO READ LAW 45 ILCS 15/1
Summary: Illinois is entitled to be a part of an Interstate Compact on Placement of Children.

Visitation, Inspection, or Supervision
CLICK TO READ LAW 45 ILCS 15/6
Summary: Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party’s state which may apply under the Interstate Compact on Juveniles shall be considered to have been met if performed in accordance with the agreement made under Article V of the Interstate Compact on the Placement of Children.

Interstate Compact on Adoption Act – Purposes
CLICK TO READ LAW 45 ILCS 17/5-10
Summary: The purposes are to authorize DCFS to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided and to provide procedures for interstate children’s adoption assistance payments, including medical payments.

Requirements for Adoption-Only Homes
CLICK TO READ LAW 225 ILCS 10/3.2
Summary: Requirements for DCFS for licensing adoption-only homes.

Requirements for Criminal Background Checks for Adoption-Only Homes
CLICK TO READ LAW 225 ILCS 10/3.3
Summary: If an adult resident at an adoption-only home has an arrest or conviction record, DCFS shall conduct a criminal background check of the adult to evaluate the individual’s fitness around children.

Criminal Background Investigations
CLICK TO READ LAW 225 ILCS 10/4.1
Summary: DCFS shall require Criminal Background checks on each child care facility license applicant.

Examinations of Child Care Facilities; Licenses; Permits; Emergency Permits; Visitation by Department Without Notice
CLICK TO READ LAW 225 ILCS 10/5
Summary: DCFS receives a license applicant, DCFS agents may, without notice, visit the facility to determine its compliance. Reviews must be licensed.

Minimum Licensing Standards
CLICK TO READ LAW 225 ILCS 10/7
Summary: DCFS must prescribe and publish minimum standards for licensing child care facilities. Contains a list of requirements DCFS has power to regulate.

Reporting Suspected Abuse or Neglect
CLICK TO READ LAW 225 ILCS 10/8.5
Summary: DCFS shall address the failure of staff at child care facilities or child welfare agencies to report suspected abuse or neglect of children within the child care facility.

Religious Faith Considerations in Placement
CLICK TO READ LAW 225 ILCS 10/13
Summary: DCFS shall, whenever practicable, place a child with people or organizations of the same faith as that of the child.

Who May Adopt a Child
Summary: The following people may adopt a child:
  1. A reputable person of legal age and of either sex, subject to provisions
  2. A minor, by a show of good cause
Who May be Adopted
Summary: A male or female child, or an adult, may be adopted provided that an adult of good reputation resides in the adopting home for more than 2 years continuously.
Restrictions on Employment of Minors
Summary: No minor under 16, except minors 14 or 15 years who are participating in federally funded work experience career education programs, shall be employed in any gainful occupation in relation to certain industries. Certain industries may employ 14- to 16-year-olds to work outside school hours and during school vacations but not in dangerous or hazardous factory work or in any occupation otherwise prohibited by law. Minors under 12 may work on the family farm.
Summary: Restrictions on employment of minors do not apply to minors engaged in agricultural pursuits or in the sale and distribution of magazines and newspapers at hours when the schools are not in session and around a home at work usual to the home of the employer and minors caddying at a golf course who are at least 13 years.
Summary: No Minors under 16 shall be employed permitted or allowed to work for:
  1. More than 6 consecutive days in any one week 
  2. More than 48 hours in one week, or
  3. More than 8 hours in any one day, or
  4. Be employed between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day.
Minors under 16 employed outside of school shall not:
  1. Exceed 3 a day on days when school is in session, nor shall the combined hours of work outside and in school exceed a total of 8 a day; except that a minor under the age of 16 may work weekends for not more than 8 hours each day if the minor does not work outside school more than 6 consecutive days in any week and the number of hours worked by the minor outside school in any week does not exceed 24 hours. 
Minors 14 or older who are employed in recreational or educational activity may work up to 3 hours per school day twice a week no later than 9 p.m. if the number of hours worked by the minor outside school in any week does not exceed 23 or between 10 p.m. and 7 a.m. during that school’s summer vacation, or the period during which the school is not in session. 
 
Prohibited Occupations For Minors
Summary: Provides a list of occupations where employment of a minor is prohibited in all circumstances.

Summary: Minors under 16 may be employed as models or as performers on live or pre-recorded radio or television or motion pictures or in other entertainment-related performances, subject to reasonable conditions imposed by the Department of Labor.

Summary: Whoever willfully employs a minor in violation of the act or anyone who obstructs the Department of Labor or its agents, and whoever having under their control or custody any minor, willfully allows a minor to be employed or to work in violation of the Act may be prosecuted under applicable criminal law. Each day is a separate violation and offense.

Section II: Illinois County-Local Laws

The following is a list of the state’s largest cities and their local laws related to human and child trafficking with links and short summaries.

Inducing, Permitting Minors in House of Ill Fame
CLICK TO READ LAW 29-64
Summary: A person convicted of inducing a minor or permitting a minor to enter or remain in a house of ill fame or assignation for the purpose of fornication or adultery is guilty of a misdemeanor.

Keeping a Place of Prostitution
CLICK TO READ LAW 29-62
Summary: Any person who exercises control over a place for the practice of prostitution or knowingly grants or permits, reasonably knows, or becomes aware of the fact that the building is being used for prostitution can be found guilty of a misdemeanor.

Manifesting the Purpose of Prostitution and Manifestation of Soliciting Another to Commit an Act of Prostitution
CLICK TO READ LAW 29-66.1
Summary: It is unlawful for any person to loiter for the purpose of soliciting for prostitution. A person who engages in this behavior can be found guilty of a misdemeanor and punishable by jail between 20 days and six months.

Obscenity
CLICK TO READ LAW 29-67
Summary: A person who knows or fails to reasonably inspect a medium that would have disclosed, the content of the medium, sells, delivers, or provides an obscene writing; presents or directs an obscene play or performance; publishes anything obscene; performs an obscene act; creates or possesses obscene matter or material with intent to disseminate it; or advertises the sale of material he was told is obscene. A violation is a Misdemeanor II.

Patronizing A Prostitute
CLICK TO READ LAW 29-63
Summary: A person who engages in an act of sexual intercourse or deviate sexual conduct with a prostitute, enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct, or engages in the touching of another’s sex organs with the intent to achieve sexual arousal or gratification can be found guilty of a misdemeanor.

Prostitution
CLICK TO READ LAW 29-61
Summary: Any person who performs or offers to perform any act of sexual penetration for money, or touching of another’s sex organs for the purpose of sexual arousal or gratification commits an act of prostitution. A violation is generally a misdemeanor.

Public Indecency
CLICK TO READ LAW 29-68
Summary: A person 17 or older who commits an act of sexual penetration or sexual conduct or a lewd exposure of the body done with the intent to arouse or to satisfy the sexual desire of the person in a public place commits public indecency. A violation is a Misdemeanor II.

Soliciting For A Prostitute
CLICK TO READ LAW 29-66
Summary: Any person who solicits another for the purpose of prostitution; arranges or offers to arrange a meeting for the purpose of prostitution, or directs another to a place knowing that the direction is for prostitution is guilty of a misdemeanor.

Street Soliciting
CLICK TO READ LAW 29-66.2
Summary: It is unlawful for any person to loiter on a public street for the purpose of soliciting for prostitution. A person who engages in this behavior can be found guilty of a misdemeanor.

 

Access to the Chicago Public Library by a Child Sex Offender
A Child Sex Offender shall have access to any Public Library subject to conditions provided for in this section.
CLICK TO READ LAW 8-16-127

Violation – Penalty
CLICK TO READ LAW 8-16-130

Summary: Any person who violates this chapter for which no other penalty is provided shall be fined between $5 and $100.

Begging or Soliciting
CLICK TO READ LAW 8-16-120
Summary: It is unlawful for anyone to use a girl under 18, or boy under 17, to solicit or beg for money or anything of value, for any reason, in public.

Contributing to Delinquency of Minor
CLICK TO READ LAW 8-16-125
Summary: Any adult who knowingly or willfully permits a child, or aids a child, to commit any violation of the Chicago City Code, State law, or Federal law is punishable by fine or imprisonment. A violation is subject to a fine between $200 and $500.

Directing Persons to Houses of Ill-Fame
CLICK TO READ LAW 8-8-020
Summary: No person shall knowingly direct another to a house of ill fame. A violation will be fined between $100 and $400 for each offense.

Exhibiting or Employing Children
CLICK TO READ LAW 8-16-100
Summary: No person shall exhibit or employ a child less than 14 for any obscene, indecent, or immoral purpose or for any job that is injurious to the health of the child.

House of Ill-Fame or Assignation
CLICK TO READ LAW 8-8-010
Summary: A house of ill fame or assignation is a location where people resort for the purpose of fornication, prostitution, or lewdness declared to be a nuisance. No person will keep, maintain, or frequent such a premises for the practice of fornication, prostitution, or lewdness. Every 24 hours that a location is kept or maintained for such a purpose will constitute a separate offense.

Indecent Exposure or Dress
CLICK ON LAW 8-8-080
Summary: Any person who has their private parts, or any portion of the breast at or below the upper edge of the areola thereof of any female person, exposed to public view or is not covered by an opaque covering, shall be fined between $100.00 and $500.00 for each offense.

Indecent Publications and Exhibitions
CLICK TO READ LAW 8-8-090
Summary: No person can knowingly exhibit, sell, distribute, or attempt to distribute or sell, any obscene media. A violation will be fined between $20 and $200.

Material Harmful to Minors Unlawful
CLICK TO READ LAW 8-8-110
Summary: It is unlawful to sell or loan to a minor any medium which is harmful to minors. Harmful to minors means that quality of any description or representation in whatever form, or nudity, sexual conduct, or sexual excitement, when it predominantly appeals to a sexual interest; is patently offensive to contemporary standards in the adult community with respect to what is appropriate materials for minors; and lacks serious literary, artistic, political, or scientific value.

Prostitution or Lewdness in Conveyances
CLICK TO READ LAW 8-8-030
Summary: No person shall knowingly receive any person for fornication, prostitution, or lewdness. A violation will be fined between $100 and $400 for each offense.

Prostitution-Related Loitering
CLICK TO READ LAW 8-4-016
Summary: Remaining in any one place under circumstances where a reasonable person would believe that the purpose of being there is to facilitate prostitution, solicitation of a sexual act, patronizing a prostitute, or patronizing a minor engaged in prostitution, as defined by State law.

When a police officer suspects a person of engaging in Prostitution-Related Loitering, they must inform the person that they are loitering in a prohibited area, to remove themselves from the premises, and inform them that they will be subject to arrest if they fail to obey the order.

Failure to obey the order given by police is subject to a fine between $50 and $500 for each offense or jailed for up to six months for each offense, or both. Every subsequent offense is punishable of no less than 5 days in jail.

Revocation of License
CLICK TO READ LAW 8-8-040
Summary: The license of a business owner or vehicle or conveyance may be revoked in the discretion of the mayor for violations of Directing Persons to Houses of Ill-Fame or Prostitution or Lewdness in Conveyances. If a license is revoked, the license may be reinstated no earlier than a year after the revocation.

Sale of Literature Represented as Immoral
CLICK TO READ LAW 8-8-100
Summary: No person can sell, offer, or attempt to sell any printed medium which includes lewd, lascivious, obscene, immoral, or indecent content. No person can conceal the fact that the printed medium contains this type of content.

Solicitation for Prostitution
CLICK TO READ LAW 8-8-060
Summary: Any person who attempts to engage in prostitution shall be fined between $50 and $1,500, or jailed to up to six months, or both, for each offense. The person may be required to perform up to 120 hours of community service.

Any person who solicits or promotes prostitution shall be fined between $1,000 and $1,750 for the first offense and between $1,750 and $3,000 for each subsequent offense and may be imprisoned for up to six months. The person may be required to perform up to 120 hours of community service.

Violation – Penalty for Material Harmful to Minors
CLICK TO READ LAW 8-8-120
Summary: Any person in violation of Material Harmful to Minors is guilty of a misdemeanor and fined between $100 and $200, jailed for up to six months, or both. Each day a violation is committed is a separate offense.

Working in Public Places
CLICK TO READ LAW 8-16-110
Summary: It is unlawful for a girl under 18 to sell anything on the street. It is unlawful for any boy under 14 to sell anything on the street before 5AM or after 8PM. No boy between 14 and 16 shall sell anything during this time unless they have an employment certificated issued under State law. Any violation shall be warned by a police officer to stop the activity and the parents of the child will be provided written notice of the child’s actions. Any parent or legal guardian who knowingly permits a child to violate this section are subject to monetary penalties.

A violation of this section, after warning or notice provided, is punishable by a fine of up to $100.

Keeping Place for Purpose of Prostitution
CLICK TO READ LAW 21-70
Summary: A person who exercises control over a premises which knowingly grants, grants when they reasonably know of prostitution-related activities on the premises, or permits the continued use after become aware of prostitution-related activities on the premises, commits Keeping Place for Purpose of Prostitution.

Lewd or Indecent Conduct or Articles
CLICK TO READ LAW 21-64
Summary: No person shall appear in public in a state of nudity or in indecent or lewd dress or expose themselves in any insulting or obscene manner or perform any indecent, immoral, or lewd play or representation.

Loitering
CLICK TO READ LAW 21-10
Summary: Loitering is the remaining idle in one location.

It is unlawful for anyone to loiter in a public place and obstructs a public road. A violation is subject to a fine between $150 and $750 for each offense.

Loitering for the Purpose of Engaging in Prostitution-Related Activity
CLICK TO READ LAW 21-10.2
Summary: It is unlawful for a person to loiter for the purpose of engaging in prostitution under State law, or other local, state, or federal law.

Patronizing a Prostitute
CLICK TO READ LAW 21-66
Summary: Any person who engages in an act of sexual intercourse or deviate sexual conduct with a prostitute or enters or remains in a place of prostitution with the intent to engage in an act of sexual intercourse or deviate sexual conduct is guilty of patronizing a prostitute.

Pandering
CLICK TO READ LAW 21-69
Summary: Any person who compels a female to become a prostitute or arranges or offers to arrange a situation in which a female may practice prostitution, commits pandering.

Pimpin
CLICK TO READ LAW 21-68
Summary: Any person who receives money or property from a prostitute, knowing it was earned from the practice of prostitution, commits pimping.

Prostitution
CLICK TO READ LAW 21-65
Summary: Any person who performs, offers or agrees to perform any act of sexual intercourse or deviate sexual conduct for money is guilty of committing prostitution.

Sale or Exhibition an Offense
CLICK TO READ LAW 21-79
Summary: Any person who, with knowledge of the nature or contents thereof, sells, offers to sell, exhibits or offers to exhibit to any other person, any publication or other article, obscene as judged with reference to ordinary adults, shall be guilty of an offense.

Sale or Exhibition Declared a Public Nuisance
CLICK TO READ LAW 21-77
Summary: The sale or exhibition of any obscene publication or other article, as judged with reference to ordinary adults, is declared to be a public nuisance and is prohibited.

Sale or Exhibition to Juveniles
CLICK TO READ LAW 21-78
Summary: The sale or exhibition to a person under 18 of any obscene publication, as judged with reference to ordinary persons of the age of the person to whom the sale or exhibition is made, is declared to be a public nuisance and is prohibited.

Sale, Exhibition to Juveniles an Offense
CLICK TO READ LAW 21-80
Summary: Any person who knows of the obscene content, sells, exhibits, or offers to exhibit to a minor, the obscene publication, judged with reference to ordinary persons of the age of the person to whom the publication or other article is sold, offered for sale, exhibited or offered for exhibition, shall be guilty of an offense.

Soliciting for a Prostitute
CLICK TO READ LAW 21-67
Summary: A person who solicits another for prostitution, arranges or offers to arrange a meeting for prostitution, or directs another to a place knowing the direction is for prostitution, commits soliciting for a prostitute.

No City Offenses. State law controls.

No City Offenses. State law controls.

Section III: Illinois Hotlines & Other Helpful Resources

The following is a list of hotlines and other helpful resources that relate to human and child trafficking with links and short summaries.

Illinois Child Abuse Hotline: 800-252-2873

Illinois State Police Sex Offender Registry

Illinois Compiled Statutes (730 ILCS 152/115 (a) and (b)) mandate that the Illinois State Police (“ISP”) establish and maintain a statewide Sex Offender Database, accessible on the Internet, identifying persons who have been convicted of certain sex offenses and/or crimes against children and must register as a Sex Offender.

CLICK TO READ Illinois Coalition Against Sexual Assault Statistics
Provides a Historic Overview of Summary: Human Trafficking Statistics in Illinois as well as the United States.

CLICK TO READ 2021 Human Trafficking Report

Summary: Provides statistical information relating to prosecutions and convictions of Human Trafficking in Illinois during 2021.

CLICK TO READ 2018 Human Trafficking Task Force

Summary: The Final Report on Human Trafficking in Illinois, published in 2018, subject to Illinois law. Provides statistics and recommendations for curtailing Human Trafficking. Also provides State law, and contact information to statewide groups for human trafficking resource manuals.

Carbondale Office
1745 Innovation Drive, Suites C & D
Carbondale, Illinois, 62901
618-529-6400

Chicago Office
100 W. Randolph St.
Chicago, Illinois, 60601
312-814-3000

Springfield Office
500 S. 2nd Street
Springfield, Illinois, 62701
217-782-1090

What is the Illinois Freedom of Information Act?

A Freedom of Information Act (FOIA) is a law that gives individuals the right to view and make copies of certain public documents that are in the custody of the government. A federal or state FOIA grants either full or partial disclosure of records, depending on the contents of records and the record subjects’ privacy rights. The Illinois Freedom of Information Act is codified in the Illinois Compiled Statutes (ILCS). It was enacted in 1984 to promote the transparency and accountability of public agencies at all government levels. Based on the Illinois Freedom of Information Act, the public has the right to access certain records in control of public agencies upon written request.

  • The Illinois FOIA was modified in 2010. Some changes made to the law are:
  • Attorney fees should be paid when individuals who are denied access to certain records seek judicial review in Circuit Courts.
  • Records should be made available electronically if possible.
  • There will be a fine of $2500 – $5,000 for government bodies that willfully and intentionally fail to comply with the law.
  • The prescribed response time for record requests was reduced from seven days to five days.
  • The first 50 pages of copies of public records are made free, but copies after that are to be charged at 15 cents fee per page.
  • The Office of the Attorney General of Illinoiswas authorized to determine what records are public and settle disputes over FOIA requests.

CLICK TO READ LAW 5 ILCS 140/1

What is Covered Under the Illinois Freedom of Information Act?

According to the Illinois Freedom of Information Act, public records include documents, photographs, recordings, electronic data processing records, documentary materials, and other recorded information in the custody of any public agency. The records covered under the Illinois Freedom of Information Act pertain to the transaction of public businesses and are prepared, generated, and maintained by government agencies. Interested persons may inspect or make copies of these records upon request unless the records are exempt from disclosure.

Some of the public records covered under the Illinois Freedom of Information Act are:

  • Records of public funds
  • Certified payroll records submitted to any government agency (contractors’ social security numbers, employees’ addresses, and telephone numbers must be redacted from the records before disclosure before access is granted)
  • Arrest reports
  • Non-confidential court records

CLICK TO READ LAW 5 ILCS 140/2

CLICK TO READ LAW 5 ILCS 140/2.5

CLICK TO READ LAW 5 ILCS 140/2.10

CLICK TO READ LAW 5 ILCS 140/2.15

CLICK TO READ LAW 5 ILCS 140/2.20

CLICK TO READ LAW 5 ILCS 140/2.25

What Records are Exempt from the Freedom of Information Act in Illinois?

The Illinois Freedom of Information Act exempts certain records from public disclosure because the records contain highly personal information, which may jeopardize public safety if released. The Illinois FOIA also exempts records in which the subjects’ privacy rights outweigh any legitimate public interest in getting access to the records. However, such records may be accessed if one of the record subjects consents to the disclosure in writing. Individuals may also access exempted private information if the disclosure is required by another section of the Illinois FOIA, a federal or state law, or a court order. Some records exempted from the Freedom of Information Act in Illinois are:

  • Information that is not permitted to be disclosed by federal or state law or rules and regulations implementing federal or State law
  • Trade secrets and commercial or financial information
  • Law enforcement records created for law enforcement purposes
  • Records affecting or relating to the security of correctional institutions and detention facilities
  • Minutes of meetings of public agencies closed to the public
  • Any proprietary information related to the operation of a self-insurance pool, jointly self-administered health and accident cooperative, or an intergovernmental risk management association
  • Scoring keys, test questions, and other examination data used to determine the qualifications of an applicant for a license or employment
  • Information that would reveal or might lead to the disclosure of private information, programs, codes, algorithms, or secret keys intended to be used to create electronic or digital signatures under the Illinois Electronic Commerce Security Act
  • Records maintained by any government agency, created during administrative enforcement proceedings, and for law enforcement purposes are exempted if disclosure would:
    • Interfere with unresolved or reasonably concluded law enforcement proceedings conducted by any law enforcement or correctional agency to whom the record request is sent
    • Hinder active administrative enforcement proceedings conducted by the public agency that is the recipient of the request
    • Create a substantial likelihood that an individual will be deprived of a fair trial or an impartial hearing
    • Reveal the identity of a confidential source, private information provided only by the confidential source, or an individual who files complaints with or provides information to law enforcement, investigative, administrative, or penal agencies. However, the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by local government agencies, unless the disclosure would hinder an active criminal investigation
    • Disclose unique or specialized investigative techniques

CLICK TO READ LAW 5 ILCS 140/7

CLICK TO READ LAW 5 ILCS 140/7.5

How Do I File an Illinois Freedom of Information Act Request?

A person seeking to view or obtain copies of a public record in Illinois may file an Illinois Freedom of Information Act request and direct it to the FOIA officer in charge of the public record. The Illinois government website provides the contact information and addresses of all state agencies’ FOIA officers. The FOIA officers are responsible for responding to requests sent to them. Some government agencies provide application forms for record requests. Applicants may get these forms through the websites of the respective government agencies in charge of the records being requested or by contacting the FOIA officers of these government agencies. Alternatively, applicants may send written requests, which should include the following information:

  • Specific identification or description of the records being requested
  • Whether the request is for commercial purposes
  • Date
  • Applicant’s name
  • Full address and contact information
  • A daytime phone number

CLICK TO READ LAW 5 ILCS 140/3

CLICK TO READ LAW 5 ILCS 140/3.1

CLICK TO READ LAW 5 ILCS 140/3.2

CLICK TO READ LAW 5 ILCS 140/3.5

To expedite the search process, an applicant should provide as much information as possible on the subject matter. After completing a FOIA request form or writing a request letter, an applicant may send it to the government agency in charge of the record by mail, personal delivery, fax, e-mail, or other available means.

An applicant may access the records in the custody of the Illinois Department of Human Services (List of Records Maintained by Illinois Department of Human Services) by sending a written request by email to [email protected] or by mail to:

FOIA Officer
Office of the General Counsel
Illinois Department of Human Services
69 West Washington Street, 9th Floor
Chicago IL 60602
Fax: (312) 814-6693

For records in the custody of the Office of the Illinois Secretary of State, an applicant may complete the Illinois Secretary of State FOIA Request Form and submit it by:

Illinois Secretary of State
Executive Counsel
17 North State Street
Suite 1179
Chicago, IL 60602

For any other record, an individual may check the Illinois government website to get the contact information and address of the state agency in charge of the records and send written requests to them.

What is the Cost of a Freedom of Information Act Request in Illinois?

There is no fee attached to getting the first 50 pages of a record that is in black-and-white print and on letter or legal size (8 ½ x 11 or 11 x 14) pages. However, an applicant will be required to pay 15 cents per page for any additional pages. If color copies or unusual size copies are requested, the law permits the government agency to charge the original cost of copying the record. A requester may apply for a waiver or reduction in copying fees if:

  • The request is for information on the welfare, health, safety, or the general public’s legal rights.
  • No commercial or personal gain will be received from record disclosure
  • There is an intent to distribute the information

CLICK TO READ LAW 5 ILCS 140/6

How Long Does it Take to Respond to a Freedom of Information Act Request in Illinois?

The Illinois Freedom of Information Act requires that a public agency responds to a FOIA request within five business days after they received a request. However, the required initial response time of five business days may be extended by an additional five business days from the date of the original due date if:

  • The request requires an extensive search.
  • The requested information is not in the location where the request was sent to.
  • The request requires the agency to gather a substantial number of documents.
  • The agency has not been able to locate the requested records, and additional effort is required to find them.
  • The records need to be reviewed by staff who can determine whether they are exempt from FOIA.
  • The request requires the public agency to consult with another public agency that has considerable interest in the request’s subject matter.
  • The requested records cannot be delivered without unduly burdening the government agency or interfering with its operations.

If there is likely to be a delay in getting the request, the law requires the public agency to notify the requester in writing within five business days after receiving the request. The written letter must reference a specific legal reason under the FOIA to justify the extension and specify when the requested information will be produced.

CLICK TO READ LAW 5 ILCS 140/3.6

If a requester receives a denial response from a public agency, the requester has the right to file a written request for review of the denial with the Public Access Counselor (PAC) in the Attorney General’s Office. The requester must sign the written request for review and include a copy of the FOIA request and the public agency’s response to the request. The requester must file the written request for review within 60 calendar days of the public agency’s final response or the response due date. The request for review should be submitted to:

 Cara Smith
Public Access Counselor
Public Access Bureau
500 South 2nd Street
Springfield, IL 62706
E-mail: [email protected]
FOIA Hotline: 1 (877) 299-FOIA or (877) 299-3642
Direct Line: (312) 814-5526

CLICK TO READ LAW 5 ILCS 140/9

An applicant denied access to a record can also seek judicial review by filing a suit for injunctive or declaratory relief in a Circuit Court.
CLICK TO READ LAW 5 ILCS 140/11

Electronic Records
Electronic records are records under Illinois FOIA.
CLICK TO READ LAW 20 ILCS 35/15

Electronic Transfer of Records
Unless other law provides, all government agencies are encouraged to use electronic records and can send electronic records that would otherwise need to be sent by U.S. mail.
CLICK TO READ LAW 20 ILCS 35/20

Electronic Retention of Documents
Electronic records are subject to retention as stated in the State Records Act.
CLICK TO READ LAW 20 ILCS 35/25

Application
The Electronic Records Act is intended to allow government agencies to transfer a record by electronic means unless it conflicts with the State Records Act.
CLICK TO READ LAW 20 ILCS 35/35

Section IV: Federal Laws

The following is a list of federal laws that relate to human and child trafficking with links and short summaries.

Summary: The Act created Title IV-E, or the program that gives funding for state foster care systems.

42 U.S.C. Ch. 7 and Title IV-E

Summary: The Act establishes a national center for child abuse and neglect and a National Clearinghouse on child abuse programs.

42 U.S.C. Ch. 67 Section 5101, 5102, and 5104

Summary: The act makes the Transportation with Intent to Engage in Prostitution, Promotion or Facilitation of Prostitution, Coercion and Enticement, and the Transportation of Minors to Engage in Prostitution a crime.

18 U.S.C. Ch. 117 Sections 2421 to 2423

Summary: The Act allows the AG to collect DNA samples from convicted Sex Offenders and Abusers.

34 U.S.C. Ch. 407 Sections 40702 and 40706

Summary: The law established Federal standards for the removal and placement of Native children as well as with termination of parental rights to protect the best interests of Native American children and keep them connected to their families and Tribes.

The law delineates the roles of State and Tribal governments in child welfare cases involving children who are members of or eligible for membership in Federally recognized Tribes.

25 U.S.C. Ch. 21

Summary: Federal Sex crimes include Enticement into Slavery, Involuntary Servitude, Forced Labor, Trafficking with respect to Involuntary Services, Sex Trafficking of Children, Illegally Withholding Documents in furtherance of Sex Crimes, Benefitting Financially from Trafficking Persons, and Attempting to and Conspiring to commit Child Sex Trafficking.

18 U.S.C. Ch. 77 Sections 1583, 1584, 1589, 1590, 1591, 1592, 1593A, 1594, 1596

Remedies for Victims of Sex Crimes include Restitution and injunctions.

18 U.S.C. Ch. 77 Sections 1593, 1595, 1595A

Summary: The Act provides law enforcement agencies with requirements when reporting missing children.

34 U.S.C. Ch. 413 Section 41307 and 41308

Summary: The act creates a national criminal history background check system where each State, Commonwealth, and Territory is required to report child abuse and indexes information for purposes of childcare providers.

34 U.S.C. Ch. 401

Summary: The act allows the creation of an Interstate Compact to better share criminal history records and encourages States to share data with the FBI in order to exchange criminal history records for noncriminal justice purposes allowed by laws.

34 U.S.C. Ch. 403 Sections 40315 and 40316

Summary: The act makes Sexual Exploitation of Children and the Selling or Buying Children, Failure to Report Child Abuse and certain activities relating to Sexual Exploitation of Minors and Possession of material that contains Child Pornography a crime.

18 U.S.C. Ch. 110 Sections 2251 to 2253

Summary: The act added a new chapter in Title 18 containing several new sex crimes, among which included Aggravated Sexual Abuse, Abusive Sexual Contact, and Sexual Abusive of a Minor or Ward of the State.

18 U.S.C. Ch. 109A Sections 2241, 2242, 2243, 2244, 2245, 2247

Remedies for Sex Abuse Act violations include Restitution, Criminal and Civil Forfeiture of Assets, and Civil Remedies for Personal Injuries.

18 U.S.C. Ch. 109A Section 2248; Ch. 110 Sections 2253, 2254, 2255, and 2259

Summary: The act created a National and State Sex Offender Registry and created different tiers of sex offenders. The Act also made it a crime for a convicted Sex Offender to fail to register.

34 U.S.C. Ch. 209

Summary: The Act creates subcategories for State sex crimes and human trafficking for reporting purposes.

34 U.S.C. Ch. 413 Section 41309

Summary: The Act requires all federal crimes shall be catalogued in the Uniform Crime Reports.

34 U.S.C. Ch. 413 Section 41303 and 41304

Summary: The act authorized the President to create an Interagency Task Force to Monitor and Combat Human Trafficking and authorize the Secretary of State to cooperate with foreign countries. 7103(a) and (b). The President also has authority to create and establish international economic initiatives to enhance economic opportunity for the victims of trafficking as a means to deter trafficking.

22 U.S.C. Ch. 78 Section 7101, 7103

Section V: Federal & State-by-State Resources

 
Government agencies must publish certain information to the Federal Register regarding their organizational structure, governmental procedures, rules of procedures, substantive rules of general applicability, and all revisions, repeals, or amendments of any such rules. 
 
Government agencies must make available final administrative opinions, statements of policy and adopted interpretations, administrative staff manual and instructions, copies of all records, and a general index of all records.
 
Government agencies must state to requestor the time, place, fees, and procedures of accessing public records. Agencies must make reasonable actions to maintain its records.
 
Government agencies must determine whether or not to comply with a FOIA no longer than 20 days (excluding weekends and federal holidays). If a government agency does not comply with a FOIA request within 20 days, the requestor is deemed to have exhausted administrative remedies. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Most government agencies fail to meet the 20-day requirement. Because no jurisdiction has the power to review until after the 20-day requirement is expired, most FOIA requests end up in court resulting in courts ordering agencies to hand over the requested information unless it contains exempted material. 
 
Materials Exempted from FOIA Requests:
  1. Material that is classified as Top Secret in the name of national defense or foreign policy by Executive Order.
  2. Material that relates to internal rules and agency practices. 
  3. Material that is specifically exempted by other statutes.
  4. Material relating to trade secrets, commercial, or confidential financial information.
  5. Inter and Intra-agency memos that are unavailable to third parties that are not involved in litigation with the agency.
  6. Personnel and medical files and disclosure of similar files that constitute an unwarranted invasion of privacy.
  7. Certain records and information for law enforcement purposes with certain limitations.
  8. Material responsible for the regulation or supervision of financial institutions.
  9. Geological and geophysical information concerning wells.
Any fees accumulated for federal FOIA requests must be reasonable in relation to the actions to acquire the requested information. 
State
Child Abuse Contact Information/Hotlines
Child Trafficking Hotlines

Alaska

800-478-4444

Arizona

888-SOS-CHILD (1-888-767-2445)

Arkansas

800-482-5964

California

800-422-4453

Colorado

844-264-5437

Connecticut

800-842-2288

Delaware

800-292-9582

Florida

1-800-96-ABUSE (1-800-962-2873)

Georgia

855-422-4453

866-363-4842

Hawaii

Oahu: 808-832-5300 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-380-3088

Oahu: 808-832-1999 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-398-1188

Idaho

855-552-5437

208-630-6601

Illinois

800-252-2873

888-373-7888

Indiana

800-800-5556

888-373-7888

Iowa

800-362-2178

515-725-6330

Kansas

800-922-5330

888-373-7888

Kentucky

877-597-2331

888-373-7888

Louisiana

855-452-5437

800-434-8007

Maine

800-452-1999

888-373-7888

Maryland

800-917-7383

888-373-7888

Massachusetts

800-792-5200

617-963-2223

Michigan

855-444-3911

888-373-7888

Minnesota

By County

877-996-6222

Misssissippi

888-222-8000

888-373-7888

Missouri

800-392-3738

888-373-7888

Montana

866-820-5437

833-406-7867

Nebraska

800-652-1999

833-757-5665

Nevada

Washoe: 833-900-7233, Clark: 702-399-0081, All other counties: 833-571-1041

888-373-7888

New Hampshire

Everybody: 603-271-6562, In-state: 800-894-5533

800-277-5570

New Jersey

877-652-2873

855-363-6548

New Mexico

855-333-7233

888-373-7888

New York

800-342-3720

800-771-7755

North Carolina

888-373-7888

North Dakota

833-958-3500

888-373-7888

Ohio

855-642-4453

888-373-7888

Oklahoma

800-522-3511

855-617-2288

Oregon

855-503-7233

888-373-7888

Pennsylvania

800-932-0313

888-373-7888

Rhode Island

800-742-4453

888-373-7888

South Carolina

888-227-3487

888-373-7888

South Dakota

877-244-0864

888-373-7888

Tennessee

877-237-0004

855-558-6484

Texas

800-252-5400

888-373-7888

Utah

855-323-3237

801-200-3443

Vermont

800-649-5285

888-984-8626

Virginia

In-state: 804-786-8535 Out-of-State: 800-552-7096

833-463-6448

Washington

6 Different Regional Numbers:
Region 1: 800-557-9671, Region 2: 855-420-5888, Region 3: 866-829-2153, Region 4: 800-609-8764, Region 5: 888-713-6115, Region 6: 866-764-2233

888-373-7888

West Virginia

800-352-6513

888-373-7888

Wisconsin

888-373-7888

Wyoming

888-373-7888

The matrix below provides state laws, which include the state’s definition of grooming.

State
Statute
Name
Online/In-person/Both
Felony/ Misdemeanor
Penalty

Alabama

Electronic Solicitation of a Child

On-line

Class B Felony

Imprisoned between 2 and 20 years in prison

Alaska

Enticement of a Minor; Unlawful Exploitation of a Minor

Both

Class A Felony

Fined up to $250k and up to 20 years in prison

Arizona*

Luring a Minor for Sexual Exploitation

Unspecified

Class 3 Felony

Imprisoned between 2.5 to 7 years in prison

Arkansas

Sexual Grooming a Child

Both

Class D Felony or Class A Misdemeanor

Felony: Fined up to $10k and up to 6 years in prison
Misdemeanor: Fined up to $2,500 and up to 1 year in jail

California

§ 647.6

Miscellaneous Offenses

Unspecified

Misdemeanor

Fined up to $5k, up to 1 year in jail, or both

Colorado*

§ 18-6-403

Sexual Exploitation of a Child

Unspecified

Class 3, 4, or 5 Felony

Class 3: Fined up to $750k and imprisoned up between 10 and 32 years
Class 4: Imprisonment between 2 to 6 years and fined between $2k and $500k
Class 5: Imprisonment between a year and 18 months a fined between $1k and $100k

Connecticut

§ 53a-90a

Enticing a Minor

Online

Class B, C, or D Felony

Class B: Fined up to $15k and imprisoned between 1 and 40 years
Class C: Fined up to $10k and imprisoned between 1 and 10 years
Class D: Fined up to $5k and imprisoned between 1 and 5 years

Delaware

§ 1112A

Sexual Solicitation of a Child

Both

Class B or C Felony

Class B: Between 2 and 25 years in prison
Class C: Up to 15 years in prison

Florida

Prohibited Computer Usage

Online

Second or Third-Degree Felony

Second-Degree: Fined up to $10k and up to 15 years in prison
Third-Degree: Fined up to $5k and up to 5 years in prison

Georgia

Child Exploitation

Online

Felony

Fined up to $25k and imprisoned between 1 and 20 years

Hawaii*

Electronic Enticement

Online

Class B or C Felony

Class B: Imprisoned up to 10 years
Class C: Imprisoned up to 10 years

Idaho

Enticing a Child through use of the Internet or other Communication Device

Online

Felony

Imprisoned up to 15 years

Illinois

§ 5/11-25

Grooming

Online

Class 4 Felony

Between 1 and 3 years in prison

Indiana

Inappropriate Communication with a child

In-person

Level 6 Felony or Class A or B Misdemeanor

Felony: Between 6 months in jail and 2.5 years in prison
Misdemeanor: Up to 1 year in jail and fined up to $5k (based on Class A misdemeanor)

Iowa

§ 728.12

Sexual Exploitation of a Minor

Unspecified

Class C or D Felony

Fined up to $50k and any other appropriate sentence

Kansas

§ 21-5510

Sexual Exploitation of a Child

Unspecified

Off-Grid Person, Severity Level 3 or 5 person Felony

Level 3: Imprisoned between 55 and 247 months
Level 5: Imprisoned between 31 and 136 months
Off-grid: Death or Life in prison

Kentucky

§ 510.155

Unlawful use of electronic means to induce a minor

Online

Class C or D Felony

Imprisoned between 5 and 10 years

Louisiana

§ 14:81.3

Computer-aided Solicitation of a Minor

Online

Felony

Fined up to $10k and imprisoned up to 20 years

Maine

§ 259-A

Solicitation of a Child

Both

Class C or D Crime (Felony or Misdemeanor)

Class C (Felony): Imprisoned up to 5 years and fined up to $5k
Class D Misdemeanor: Up to 1 year in jail and fined up to $2k

Maryland

§ 3-324

Computer-aided Solicitation of a Minor

Both

Felony

Fined up to $25k or imprisoned up to 10 years

Massachusetts

Inducing a Minor for Sex

In-Person

Felony

Fined up to $1k, Imprisoned up to 3 years, or both

Michigan

Accosting, Enticing, or Soliciting a Minor for Immoral Purpose

Unspecified

Felony

Fined up to $4k or imprisoned up to 4 years

Minnesota

§ 609.352

Solicitation of a Child for Sex

On-line

Felony

Fined up to $10k or imprisoned up to 5 years

Mississippi

§§ 97-5-33
and 97-5-35

Exploitation of Children

Both

Felony

Fined between $50k and $500k and imprisoned between 5 and 40 years

Missouri

§ 566.151

 

Enticement of a Child

Both

Felony

Imprisoned between 5 and 30 years

Montana

§ 45-5-625

Sexual Abuse of Children

Unspecified

Felony

Fined up to $10k and imprisoned for life or up to 100 years

Nebraska

Sexual Assault using electronic communication

Online

IC or ID Felony

IC Felony: Imprisoned between 5 and 50 years in prison
ID Felony: Imprisoned between 3 and 50 years in prison

Nevada*

§ 201.560

Luring Children

Both

Category B or C Felony

Computer: Fined up to $10k and imprisoned between 1 and 10 years
Other Means: Fined up to $10k and imprisoned between 2 and 15 years

New Hampshire

§ 649-B:4

Prohibited Computer Uses

On-line

Class A or B Felony

Imprisoned between 10 and 20 years

New Jersey

§ 2C:13-6

Luring and Enticing a child

Both

Felony

Mandatory Minimum of 1/3 to ½ sentence imposed or 3 years, whichever is greater

New Mexico

Child Solicitation by Electronic Device

On-line

Second, Third, or Fourth-Degree Felony

Second-Degree: Up to 15 years in prison and fined up to $12,500
Third-Degree: Up to 6 years in prison and fined up to $5k
Fourth-Degree: Up to 10 years in prison and fined up to $5k

New York

§§ 100.08

Criminal Solicitation

Unspecified

Class E Felony

Imprisoned between 16 months and 4 years

North Carolina

§ 14-202.3

Solicitation of Child by Computer

On-line

Class G or H Felony

Class G: Imprisoned between 8 and 31 months
Class H: Imprisoned between 4 and 25 months

North Dakota

Corruption, Solicitation, Luring a Minor

Both

Class A Misdemeanor or Class B or C Felony

Class A Misdemeanor: Up to 1 year in prison and fined up to $3k
Class B Felony: Up to 10 years in prison and fined up to $20k
Class C Felony: Up to 5 years in prison and fined up to $10k

Ohio

§ 2905.05

Criminal Child Enticement

Unspecified

First-Degree Misdemeanor or Fifth-Degree Felony

Misdemeanor: Up to 180 days in jail and fined up to $1k
Felony: Imprisoned between 6 and 12 months in jail and fined up to $2,500

Oklahoma

Lewd or Indecent Proposals to Minors

Both

Felony

Imprisoned between 3 and 25 years

Oregon

§ 167.057

Luring a Minor

Unspecified

Class C Felony

Imprisoned up to 5 years, fined up to $125k, or both

Pennsylvania*

§ 6320

Sexual Exploitation of Children

Unspecified

Second-Degree Felony

Imprisoned up to 10 years and fined up to $25k

Rhode Island

§ 11-37-8.8

Indecent Solicitation of a Child

Both

Felony

Imprisoned at least 5 years (See R.I. Gen. Laws Section 11-37-8.9)

South Carolina

Solicitation of a Minor

Both

Felony

Fined up to $5k and imprisoned for up to 10 years

South Dakota

§ 22-24A-5

Solicitation of a Minor

Both

Class 4 Felony

Imprisoned up to 10 years and fined up to $20k

Tennessee

§ 39-13-528

Solicitation of a Minor

Both

One classification less than most serious crime solicited (Felony)

Example: If Class A Felony committed, punished like Class B Felony

Texas

Penal Code  Ch. 15 § 15.032 (Effective September 1, 2023); Ch. 33 § 33.021

Child Grooming; Online Solicitation of a Minor

Both

Section 33.021: Second or Third-Degree Felony
Section 15.032: Second or Third-Degree Felony

Second-Degree: Imprisoned between 2 and 20 years in prison and fined up to $10k
Third-Degree: Imprisoned between 2 and 10 years in prison and fined up to $10k

Utah

Enticement of a Minor

Online

One classification less than the illegal conduct (Felony or Misdemeanor)

Example: If First-Degree Felony committed, punished like Second-Degree Felony

Vermont

Sexual Exploitation of Children

Both

Felony

Fined up to $10k or imprisoned for up to 5 years
(See 13 V.S.A. 2825(e))

Virginia

Display of Child Pornography or Grooming Videos to a Child

Unspecified (but presumably online)

Class 6 Felony

Imprisoned between 1 to 5 years in prison

Washington*

§ 9.68A.040

Sexual Misconduct (Limited to School Employees)

Unspecified

Class B Felony

Imprisoned up to 10 years, fined up to $20k, or both

West Virginia

§ 61-3C-14b

Soliciting a Minor Through a Computer

Online

Felony

Fined up to $5k or imprisoned between 2 and 10 years

Wisconsin*

§ 942.09(4)

Representations depicting nudity

Unspecified

Class I Felony or Class A Misdemeanor

Felony: Imprisoned up to 3.5 years and fined up to $10k
Misdemeanor: Imprisoned up to 9 months in jail and fined up to $10k

Wyoming

§ 6-2-318

Soliciting to Engage in Illicit Sexual Relations

Unspecified

Felony

Imprisoned up to 5 years

*States that do not have a grooming statute or are too general to be called a grooming statute.

Source: Leah E. Kaylor, Georgia M. Winters, Elizabeth L. Jeglic & Jennifer Cilli (2022) An analysis of child sexual grooming legislation in the United States, Psychology, Crime & Law, DOI: 10.1080/1068316X.2022.2043313

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