Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CIVIL LIABILITIES
(740 ILCS 128/) Predator Accountability Act.

740 ILCS 128/1

    (740 ILCS 128/1)
    Sec. 1. Short title. This Act may be cited as the Predator Accountability Act.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/5

    (740 ILCS 128/5)
    Sec. 5. Purpose. The purpose of this Act is to allow persons who have been or who are subjected to the sex trade to seek civil damages and remedies from individuals and entities that recruited, harmed, profited from, or maintained them in the sex trade.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/10

    (740 ILCS 128/10)
    Sec. 10. Definitions. As used in this Act:
    "Sex trade" means any act, which if proven beyond a reasonable doubt could support a conviction for a violation or attempted violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 (promoting prostitution); 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a juvenile prostitute); 11-16 (pandering); 11-17 (keeping a place of prostitution); 11-17.1 (keeping a place of juvenile prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and aggravated juvenile pimping); 11-19.2 (exploitation of a child); 11-20 (obscenity); 11-20.1 (child pornography); or 11-20.1B or 11-20.3 (aggravated child pornography); or Section 10-9 (trafficking in persons and involuntary servitude).
    "Sex trade" activity may involve adults and youth of all genders and sexual orientations.
    "Victim of the sex trade" means, for the following sex trade acts, the person or persons indicated:
        (1) soliciting for a prostitute: the prostitute who
    
is the object of the solicitation;
        (2) soliciting for a juvenile prostitute: the
    
juvenile prostitute, or person with a severe or profound intellectual disability, who is the object of the solicitation;
        (3) promoting prostitution as described in
    
subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal Code of 1961 or the Criminal Code of 2012, or pandering: the person intended or compelled to act as a prostitute;
        (4) keeping a place of prostitution: any person
    
intended or compelled to act as a prostitute, while present at the place, during the time period in question;
        (5) keeping a place of juvenile prostitution: any
    
juvenile intended or compelled to act as a prostitute, while present at the place, during the time period in question;
        (6) promoting prostitution as described in
    
subdivision (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or the Criminal Code of 2012, or pimping: the prostitute from whom anything of value is received;
        (7) promoting juvenile prostitution as described in
    
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, or juvenile pimping and aggravated juvenile pimping: the juvenile, or person with a severe or profound intellectual disability, from whom anything of value is received for that person's act of prostitution;
        (8) promoting juvenile prostitution as described in
    
subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, or exploitation of a child: the juvenile, or person with a severe or profound intellectual disability, intended or compelled to act as a prostitute or from whom anything of value is received for that person's act of prostitution;
        (9) obscenity: any person who appears in or is
    
described or depicted in the offending conduct or material;
        (10) child pornography or aggravated child
    
pornography: any child, or person with a severe or profound intellectual disability, who appears in or is described or depicted in the offending conduct or material; or
        (11) trafficking of persons or involuntary servitude:
    
a "trafficking victim" as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 99-143, eff. 7-27-15.)

740 ILCS 128/15

    (740 ILCS 128/15)
    Sec. 15. Cause of action.
    (a) Violations of this Act are actionable in civil court.
    (b) A victim of the sex trade has a cause of action against a person or entity who:
        (1) recruits, profits from, or maintains the victim
    
in any sex trade act;
        (2) intentionally abuses, as defined in Section 103
    
of the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in Section 11-0.1 of the Criminal Code of 2012, to the victim in any sex trade act; or
        (3) knowingly advertises or publishes advertisements
    
for purposes of recruitment into sex trade activity.
    (c) This Section shall not be construed to create liability to any person or entity who provides goods or services to the general public, who also provides those goods or services to persons who would be liable under subsection (b) of this Section, absent a showing that the person or entity either:
        (1) knowingly markets or provides its goods or
    
services primarily to persons or entities liable under subsection (b) of this Section;
        (2) knowingly receives a higher level of compensation
    
from persons or entities liable under subsection (b) of this Section than it generally receives from customers; or
        (3) supervises or exercises control over persons or
    
entities liable under subsection (b) of this Section.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

740 ILCS 128/20

    (740 ILCS 128/20)
    Sec. 20. Relief. A prevailing victim of the sex trade shall be entitled to all relief that would make him or her whole. This includes, but is not limited to:
        (1) declaratory relief;
        (2) injunctive relief;
        (3) recovery of costs and attorney fees including,
    
but not limited to, costs for expert testimony and witness fees;
        (4) compensatory damages including, but not limited
    
to:
            (A) economic loss, including damage, destruction,
        
or loss of use of personal property, and loss of past or future earning capacity; and
            (B) damages for death, personal injury, disease,
        
and mental and emotional harm, including medical, rehabilitation, burial expenses, pain and suffering, and physical impairment;
        (5) punitive damages; and
        (6) damages in the amount of the gross revenues
    
received by the defendant from, or related to, the sex trade activities of the plaintiff.
(Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.)

740 ILCS 128/25

    (740 ILCS 128/25)
    Sec. 25. Non-defenses.
    (a) It is not a defense to an action brought under this Act that:
        (1) the victim of the sex trade and the defendant had
    
a marital or consenting sexual relationship;
        (2) the defendant is related to the victim of the sex
    
trade by blood or marriage, or has lived with the defendant in any formal or informal household arrangement;
        (3) the victim of the sex trade was paid or otherwise
    
compensated for sex trade activity;
        (4) the victim of the sex trade engaged in sex trade
    
activity prior to any involvement with the defendant;
        (5) the victim of the sex trade made no attempt to
    
escape, flee, or otherwise terminate contact with the defendant;
        (6) the victim of the sex trade consented to engage
    
in acts of the sex trade;
        (7) it was a single incident of activity; or
        (8) there was no physical contact involved.
    (b) Any illegality of the sex trade activity on the part of the victim of the sex trade shall not be an affirmative defense to any action brought under this Act.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/30

    (740 ILCS 128/30)
    Sec. 30. Evidence. Related to a cause of action under this Act, the fact that a plaintiff or other witness has testified under oath or given evidence relating to an act that may be a violation of any provision of the Criminal Code of 2012 shall not be construed to require the State's Attorney to criminally charge any person for such violation.
(Source: P.A. 97-1150, eff. 1-25-13.)

740 ILCS 128/35

    (740 ILCS 128/35)
    Sec. 35. Remedies preserved. This Act does not affect the right of any person to bring an action or use any remedy available under other law, including common law, to recover damages arising out of the use of the victim of the sex trade in the sex trade nor does this Act limit or restrict the liability of any person under other law. This Act does not reflect a determination of a policy regarding the applicability of strict liability to activities relating to the sex trade.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/40

    (740 ILCS 128/40)
    Sec. 40. Double recovery prohibited. Any person who recovers damages under this Act may not recover the same costs or damages under any other Act. A person who recovers damages under any other Act may not recover for the same costs or damages under this Act.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/45

    (740 ILCS 128/45)
    Sec. 45. No avoidance of liability. No person may avoid liability under this Act by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement that purports to show consent of the victim of the sex trade.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/55

    (740 ILCS 128/55)
    Sec. 55. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or its application does not affect other provisions or application of this Act that can be given effect without the invalid provision or application.
(Source: P.A. 94-998, eff. 7-3-06.)

740 ILCS 128/80

    (740 ILCS 128/80)
    Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 94-998, eff. 7-3-06; text omitted.)

740 ILCS 128/99

    (740 ILCS 128/99)
    Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-998, eff. 7-3-06.)