(A) Any person who performs, offers, or agrees to perform any act of sexual penetration as defined in ILCS Ch. 720, Act 5, § 12-12 for any money, property, token, object, or article or anything of value or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
(B) Prostitution is a Class A misdemeanor. A person convicted of a second or subsequent violation of this section, or of any combination of such number of convictions under this section and ILCS Ch. 720, Act 5, §§ 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the state's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
(C) A person who violates this section within 1,000 feet of real property comprising a school commits a Class 3 felony.
(D) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987 (ILCS Ch. 705, Act 405, §§ 2-5 and 2-6). Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987 ( ILCS Ch. 705, Act 405, § 2-6), a law enforcement officer who takes a person under 18 years of age into custody under this section shall immediately report an allegation of a violation of ILCS Ch. 720, Act 5, § 10-9 to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act (ILCS Ch. 325, Act 5, § 7.4.).
(ILCS Ch. 720, Act 5, § 11-14) Penalty, see § 130.99