Illinois lawmakers seek full decriminalization of sex work
SPRINGFIELD - Illinois could become the first state to fully decriminalize sex work among consenting adults, under a new proposal introduced by two state lawmakers.
The legislation, unveiled Monday by State Sen. Celina Villanueva (D-Chicago) and State Rep. Will Guzzardi (D-Chicago), seeks to remove criminal penalties for adults engaged in consensual paid sex. It would also expunge arrest and conviction records for sex workers, establish a sex workers’ bill of rights, and create protections against abuses by law enforcement.
Currently, Illinois law classifies prostitution as a misdemeanor, with penalties for both sex workers and their clients. The proposed measure would not alter existing laws that make solicitation of minors a felony.
If enacted, Illinois would go further than any other state in decriminalizing sex work. While Nevada allows prostitution in licensed brothels in certain counties, and Maine recently decriminalized the sale of sex but not its purchase, no state has fully decriminalized the industry as Illinois lawmakers are advocating.
Supporters of the legislation, including advocacy groups such as Equality Illinois and the American Civil Liberties Union, argue that decriminalization is critical to improving safety and access to resources for sex workers, particularly for marginalized communities. Transgender individuals, they say, are disproportionately affected by violence within the industry.
"Seventy-five percent of all sex workers will experience sexual violence during their careers," Brian Johnson, CEO of Equality Illinois, told Axios. "Nearly two-thirds of transgender people killed in the past 15 years were sex workers."
A study published in the American Journal of Public Health estimates that 45% to 75% of sex workers in Illinois will encounter violence while working. Advocates argue that fear of arrest often prevents workers from reporting abuse, creating an environment in which perpetrators operate with impunity.
Critics of the proposal, however, contend that decriminalization could lead to harmful consequences.
"Taking advantage of the super-majority in both chambers, these Democrats want ‘private choices’ about the use of one's body to be a civil right protected by law," said David Smith, executive director of the Illinois Family Institute. "This flawed thinking will only increase incidents of rape, assault and murder."
Smith further described prostitution as “inherently immoral,” arguing that it objectifies and exploits individuals involved, treating them as consumable products rather than human beings. He also warned that decriminalization could empower the criminal underworld and fuel demand for sex-trafficked victims, including children.
Under current Illinois law, individuals convicted of prostitution can face up to one year in jail and fines. Critics of the existing system say it drives the industry underground, leaving workers vulnerable to exploitation and unable to access legal protections afforded to other professions.
The proposed legislation also seeks to modernize state statutes by removing what advocates describe as dehumanizing language. Additionally, it would ensure that court records related to consensual sex work are automatically sealed.
While proponents view the bill as a step toward addressing systemic inequities and violence, opponents argue that decriminalization could exacerbate existing problems. The proposal’s introduction marks the beginning of what is expected to be a contentious debate in Springfield as Illinois considers whether to become the first state to adopt comprehensive decriminalization of sex work.
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SPRINGFIELD - Illinois could become the first state to fully decriminalize sex work among consenting adults, under a new proposal introduced by two state lawmakers.
The legislation, unveiled Monday by State Sen. Celina Villanueva (D-Chicago) and State Rep. Will Guzzardi (D-Chicago), seeks to remove criminal penalties for adults engaged in consensual paid sex. It would also expunge arrest and conviction records for sex workers, establish a sex workers’ bill of rights, and create protections against abuses by law enforcement.
Currently, Illinois law classifies prostitution as a misdemeanor, with penalties for both sex workers and their clients. The proposed measure would not alter existing laws that make solicitation of minors a felony.
If enacted, Illinois would go further than any other state in decriminalizing sex work. While Nevada allows prostitution in licensed brothels in certain counties, and Maine recently decriminalized the sale of sex but not its purchase, no state has fully decriminalized the industry as Illinois lawmakers are advocating.
Supporters of the legislation, including advocacy groups such as Equality Illinois and the American Civil Liberties Union, argue that decriminalization is critical to improving safety and access to resources for sex workers, particularly for marginalized communities. Transgender individuals, they say, are disproportionately affected by violence within the industry.
"Seventy-five percent of all sex workers will experience sexual violence during their careers," Brian Johnson, CEO of Equality Illinois, told Axios. "Nearly two-thirds of transgender people killed in the past 15 years were sex workers."
A study published in the American Journal of Public Health estimates that 45% to 75% of sex workers in Illinois will encounter violence while working. Advocates argue that fear of arrest often prevents workers from reporting abuse, creating an environment in which perpetrators operate with impunity.
Critics of the proposal, however, contend that decriminalization could lead to harmful consequences.
"Taking advantage of the super-majority in both chambers, these Democrats want ‘private choices’ about the use of one's body to be a civil right protected by law," said David Smith, executive director of the Illinois Family Institute. "This flawed thinking will only increase incidents of rape, assault and murder."
Smith further described prostitution as “inherently immoral,” arguing that it objectifies and exploits individuals involved, treating them as consumable products rather than human beings. He also warned that decriminalization could empower the criminal underworld and fuel demand for sex-trafficked victims, including children.
Under current Illinois law, individuals convicted of prostitution can face up to one year in jail and fines. Critics of the existing system say it drives the industry underground, leaving workers vulnerable to exploitation and unable to access legal protections afforded to other professions.
The proposed legislation also seeks to modernize state statutes by removing what advocates describe as dehumanizing language. Additionally, it would ensure that court records related to consensual sex work are automatically sealed.
While proponents view the bill as a step toward addressing systemic inequities and violence, opponents argue that decriminalization could exacerbate existing problems. The proposal’s introduction marks the beginning of what is expected to be a contentious debate in Springfield as Illinois considers whether to become the first state to adopt comprehensive decriminalization of sex work.
