Illinois legislature updates prostitution laws with new felony classifications

On February 13, 2025, the Illinois Senate introduced Senate Bill 2391 (SB2391), aimed at reforming the state's approach to prostitution and human trafficking laws. The bill seeks to address the complexities surrounding the criminalization of prostitution, particularly focusing on the treatment of individuals with profound intellectual disabilities and minors involved in prostitution.

One of the key provisions of SB2391 is the classification of engaging in prostitution as a Class 4 felony for individuals with profound intellectual disabilities. This change is intended to ensure that those who are unable to fully comprehend the implications of their actions are not subjected to harsh penalties. Additionally, any fines imposed under this provision would be directed to the Specialized Services for Survivors of Human Trafficking Fund, highlighting a commitment to support victims of trafficking.

The bill also clarifies that individuals under the age of 18 cannot be convicted under this section, recognizing the need for a more compassionate approach towards minors involved in prostitution. Furthermore, it stipulates that a person cannot be convicted of promoting prostitution if their actions consist solely of their own acts of prostitution.

Debate surrounding SB2391 has been notable, with advocates arguing that the bill provides necessary protections for vulnerable populations, while opponents express concerns about potential loopholes that could be exploited. Amendments to the bill have been proposed to strengthen its provisions and ensure that it effectively addresses the issues at hand.

The implications of SB2391 extend beyond legal reform; it reflects a growing recognition of the need for a nuanced approach to prostitution and human trafficking. Experts suggest that the bill could lead to a shift in how society views and addresses these issues, potentially fostering a more supportive environment for survivors.

As the legislative process continues, the future of SB2391 remains uncertain. Stakeholders are closely monitoring developments, as the bill could set a significant precedent in Illinois law regarding the treatment of individuals involved in prostitution and the state's response to human trafficking. The Senate will likely engage in further discussions and revisions before a final vote is cast.