What Constitutes Online Solicitation?

 Posted on July 18, 2026 in Computer Crimes

Online solicitation generally means using the internet to try to arrange illegal sexual conduct, most often with someone believed to be a minor. This can include messages sent through social media, dating apps, text messages, or online chat rooms. People facing this type of charge are often shocked by how broadly the law can apply, especially in cases involving undercover investigations. If you have a legal battle ahead of you in 2026, our Wheaton, IL computer crimes lawyer can help you understand exactly what the state must prove and what your charge actually involves.

How Does Illinois Law Define Online Solicitation?

Illinois addresses online solicitation under 720 ILCS 5/11-6. This law covers indecent solicitation of a child. It makes it illegal for a person age 17 or older to knowingly solicit a child, or someone they believe is a child, to engage in sexual conduct or sexual penetration with the intent of committing certain felony sex offenses.

The law also makes it a crime to discuss sexual conduct or penetration with a child online for that purpose. Penalties range from a Class 4 felony to a Class 1 felony depending on the circumstances.

Does It Matter if the Other Person Wasn't Actually a Minor?

Many online solicitation cases begin with law enforcement officers or agents posing as minors in chat rooms, on social media, or through dating apps. Under Illinois law, what typically matters is what the accused person believed at the time, not whether the other person was truly underage. In practice, these cases are still prosecuted seriously, even when the entire exchange took place with an undercover investigator.

What Evidence Is Usually Used in Online Solicitation Cases?

Prosecutors typically build these cases around digital evidence gathered during the investigation. Common types of evidence include:

• Chat logs, text messages, or direct messages
• Screenshots taken by the other party or investigator
• IP addresses and device information tied to the account
• Records showing an in-person meeting was arranged or attempted

Because so much of this evidence lives on servers and devices, how that evidence was obtained can become just as important as what it says. If law enforcement didn't follow proper procedures while collecting or preserving digital evidence, that misstep can open the door to a strong legal challenge.

What Defenses Apply to Online Solicitation Charges?

Several defenses can apply, depending on the specific details of the case.

Lack of Intent

Since the law requires that a person knowingly tried to solicit a minor, showing that there was no real intent to arrange illegal conduct can be a meaningful defense. Ambiguous or joking messages, taken out of context, sometimes get charged more seriously than the actual conversation supports.

Entrapment

If law enforcement induced someone to commit an offense they wouldn't have otherwise committed, an entrapment defense may apply. This defense focuses on whether the idea and pressure to act came from the investigator, rather than from the accused person themselves.

Improper Evidence Collection

If investigators violated proper procedure while gathering chat logs, device data, or other evidence, that evidence may be challenged in court. A violation like this can sometimes lead to key evidence being excluded from the case entirely.

What Should You Do if You're Contacted by Police About Online Solicitation?

If you're contacted about a possible online solicitation investigation, it helps to slow down and think carefully before doing anything else. A few important steps include:

• Avoid deleting messages, accounts, or devices connected to the investigation.
• Don't agree to a police interview without legal guidance first.
• Avoid discussing the situation with friends, family, or on social media.
• Write down your own memory of events while it's still fresh.

Taking these steps early can help protect your rights while your case is being reviewed.

Schedule a Free Consultation With Our DuPage County Sex Crime Defense Attorney

Attorney Brundage brings a background in law enforcement to his criminal defense work. He served as an investigator, instructor, evidence technician, and police officer before practicing law. That experience gives him an advantage when reviewing how evidence in these cases was gathered and whether proper procedures were followed. With over 30 years of experience practicing law in Illinois, he’s has built a deep understanding of how these cases move through local courts.

To find out how we can help, contact Stephen A. Brundage at 630-260-9647. Talk to our Wheaton, IL computer crimes lawyer today.