"Laurie ...., 45, of 2230 S. xxxx Road, Apt. 441, Arlington Heights, was charged with prostitution — a felony because she lived within 1,000 feet of a school — and a misdemeanor charge of keeping a place of prostitution because she was working out of her home,"
she "was taken to court Thursday morning, where her bond was set at $30,000. Her next court date is Sept. 20 in Rolling Meadows."
I haven't read the article, but if this woman is facing a felony charge "because she lived within 1,000 feet of a school" then I think she had a pretty strong argument that the law is unconstitutional. I can understand a law which elevates prostitution to a felony when it is COMITTED close to a school, but the fact that an alleged prostitute lives near a school does not mean she actually provides her services there. The prosecution should have to prove where the crime occurs and not just where the defendant lives.
had you read the article, ", 45, of 2230 S. Goebbert Road, Apt. 441, Arlington Heights, was charged with prostitution — a felony because she lived within 1,000 feet of a school — and a misdemeanor charge of keeping a place of prostitution because she was working out of her home, Cmdr. Jerry Lambert said Thursday."
and she" also has an extensive criminal history, including convictions for forgery, theft, disorderly conduct and driving under the influence. "
The language you quote does not clarify anything. It says she was charged with keeping a place of prostitution because she worked from her home, but its explanation of why the other charge -- for ordinary prostitution -- became a felony instead of a misdemeanor is that "she lived within 1,000 feet of a school". If the statute actually makes where the defendant lives, rather than where she works, the deciding factor then it seems to violate the equal protection clause.
Presumably the statutory language does involve where the crime takes place and not where the defendant lives. News accounts are very unreliable when it comes to nuances like this, which is the main reason my prior message and its header were so tentative. But the only information I have says that the place of residence is what matters, so that is what I am going on.
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