Illinois Compiled Statutes 740 ILCS 128/15 – Cause of action
Current as of: 2024 | Check for updates
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(a) A victim of the sex trade, involuntary servitude, or human trafficking may bring an action in civil court under this Act.
(a-1) A legal guardian, agent of the victim, court appointee, or, with the express written consent of the victim, organization that represents the interests of or serves victims may bring a cause of action on behalf of a victim. An action may also be brought by a government entity responsible for enforcing the laws of this State.
(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
(a-1) A legal guardian, agent of the victim, court appointee, or, with the express written consent of the victim, organization that represents the interests of or serves victims may bring a cause of action on behalf of a victim. An action may also be brought by a government entity responsible for enforcing the laws of this State.
Terms Used In Illinois Compiled Statutes 740 ILCS 128/15
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(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
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in any sex trade act;
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(2) intentionally abuses, as defined in Section 103
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of the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in Section 11-0.1 of the Criminal Code of 2012, to a victim of the sex trade; or
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(3) knowingly advertises or publishes advertisements
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for purposes of recruitment into sex trade activity.
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(b-1) A victim of involuntary servitude or human trafficking has a cause of action against any person or entity who knowingly subjects, attempts to subject, or engages in a conspiracy to subject the victim to involuntary servitude or human trafficking.
(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
(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
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services primarily to persons or entities liable under subsection (b) of this Section;
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(2) knowingly receives a higher level of compensation
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from persons or entities liable under subsection (b) of this Section than it generally receives from customers; or
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(3) supervises or exercises control over persons or
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entities liable under subsection (b) of this Section.
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(d) The standard of proof in any action brought under this Section is a preponderance of the evidence.