CHICAGO (CBS) — Illinois could become the first state to fully decriminalize sex work among consenting adults.
Some state lawmakers are proposing legislation that would eliminate criminal penalties for adults involved in consensual prostitution.
In 2013, Illinois lawmakers approved legislation that reduced the crime of prostitution to a misdemeanor, but even still, sex workers and their clients are operating in the shadows.
Now some state lawmakers are looking to fully decriminalize the exchange of money for sex among consenting adults, citing safety and access to services:
“Sex workers face an unprecdented amount of violence, because they are stuck and forced into the shadows,” said Illinois State Sen. Robert Peters (D-Chicago).
Advocates have been working on the proposal for years, saying it will allow safer practices of vetting clients, reporting crimes, and finding suitable locations to work.
The proposed legislation also would remove past arrest and conviction records for sex workers, and create a sex workers’ bill of rights.
“Sex workers should have the same basic protections when they engage in their work as anyone else does,” said Illinois State Rep. Will Guzzardi (D-Chicago).
While the legislation would decriminalize sex work among consenting adults, it would not remove criminal penalties for sex traffickers or abuse against sex workers.
“It’s really just making sure that when we’re making these exchanges that we’re not so worried about the policing of our bodies, and also getting your door kicked in when you’re engaging into sex work,” said Reyna Ortiz, chair of the Sex Worker Advisory Group, a coalition of Black and Brown current and former sex workers who have spent years advocating for this legislation.
Ortiz said she spent 20 years as a sex worker, under the constant fear of arrest or violence.
“It’s been so hidden in this society. People don’t really understand that it really is an agreement. It is transactional, and it’s over with, and everybody goes on about their day. Unfortunately, where we are is under the threat of criminalization, which is really terrifying,” she said.
Prostitution is illegal in the vast majority of the U.S. It is legal in some parts of Nevada. In 2023, Maine became the first state to decriminalize the sale of sex, but not the purchase of prostitution services.
Specifics about the Illinois legislation, such as how it would be implemented and regulated are not yet clear. The timeline for a vote on the legislation is also unclear.
Supporters plan to formally introduce the proposal in the Illinois General Assembly this week.