740 ILCS 128/ Predator Accountability Act.

State Codes and Statutes

(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)
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)
    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: 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); or 11‑20.1 (child pornography); or Section 10‑9 of the Criminal Code of 1961 (trafficking of 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 severely or profoundly mentally retarded person, who is the object of the solicitation;

(3) 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) pimping: the prostitute from whom anything of

value is received;

(7) juvenile pimping and aggravated juvenile pimping:

the juvenile, or severely or profoundly mentally retarded person, from whom anything of value is received for that person's act of prostitution;

(8) exploitation of a child: the juvenile, or

severely or profoundly mentally retarded person, 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: any child, or severely or

profoundly mentally retarded person, 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.

(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (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 12‑12 of the Criminal Code of 1961, 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. 94‑998, eff. 7‑3‑06.)

(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)
    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)
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 1961 shall not be construed to require the State's Attorney to criminally charge any person for such violation.

(Source: P.A. 94‑998, eff. 7‑3‑06.)

(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)
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)
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)
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)
Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 94‑998, eff. 7‑3‑06; text omitted.)

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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