Solicitation of Prostitution Lawyers
What is Solicitation of Prostitution?
Solicitation of prostitution is a crime involving a person's agreement to exchange money for sex. This agreement does not have to be explicit. A person's actions can be enough to demonstrate agreement.
The solicitation charge can be enhanced by solicitation of prostitution to a minor or solicitation of prostitution to a person infected with a sexually transmitted disease. The former, solicitation to a minor, will often result in the misdemeanor charge becoming a felony.
I Didn't Even Pay the Prostitute, Much Less Have Sex with Her. How Am I Guilty of a Crime?
The crime of solicitation of prostitution occurs at the moment you agree to pay for sex, and take some action to further that agreement. Solicitation is simply encouraging someone to commit a crime. It does not matter if the crime ends up being committed or not.
What Sorts of Acts "Further the Agreement"?
Pretty much any act demonstrating a willingness to go through with the agreement is an act of furtherance. Such acts can include:
- Withdrawing money from the ATM
- Taking the prostitute to a motel
I Was Propositioned by an Undercover Police Officer. Isn't that Entrapment?
Not necessarily. Police officers can typically do things like offer sex when they are working on prostitution cases without committing entrapment. As long as you demonstrated some desire to commit the crime, it will be difficult to raise the issue of entrapment.
What Are the Consequences of Soliciting Prostitution?
- You will be guilty of a misdemeanor
- You may have to take an AIDS education class and an AIDS test
- Community Service
The extent of the consequences will depend primarily on your state's prevailing laws and your prior record.
How Can I Be Charged With Soliciting Prostitution If I’m Not the One Engaging in Sexual Intercourse?
Most anti-solicitation prostitution statutes do not require that the person paying for sexual acts and the person receiving sexual acts be the same person. “Pimping” is often attacked through solicitation and conspiracy charges. It is possible to be charged with solicitation for prostitution as long as you made an offer between two people intending for money to be given in exchange for sex.
Are There Any Possible Defenses To a Charge of Soliciting Prostitution?
There a few defenses that can help a defendant. First, the prosecution must have proof beyond a reasonable doubt. A lack of evidence, such as witnesses or tape conversations, can help a defendant walk free. Even if there is evidence though, it may be too ambiguous for a jury to believe the topic was prostitution. Sometimes, agreeing to be a date to party really means being a date to a party.
Finally, mistakes of fact can also be viable in the right situations:
- Knowledge That the Person Was a Prostitute - some people can misread a person’s intention and be unaware they are engaging in sexual conduct with a prostitute. There is no crime for wanting or having sex if no compensation was offered or exchanged.
- Service Agreed Upon Was Not Sex - If compensation was offered or exchanged, it doesn’t always mean that the service desired was sex.
Do I Need a Lawyer?
Ifyou are arrested for solicitation of prostitution, you should hire alawyer as soon as possible. A qualified criminal defense lawyer will beable to help you understand the charges against you and any possible defenses you may have.
Consult a Lawyer - Present Your Case Now!
Last Modified: 11-01-2012 03:11 PM PDT
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