Criminal Defense Law

Prostitution

Key Takeaways:

  • Prostitution is illegal everywhere in the United States except for certain legal brothels in Nevada.
  • Prostitution laws target prostitutes, pimps, customers, and anyone else involved in the illegal sex trade.
  • Some prostitution charges require the defendant to register as a sex offender.

Prostitution involves performing any sexual act in exchange for money or anything of value. Prostitution is illegal in every state except for a few counties in Nevada that allow for limited legal brothels. Street prostitution still exists, but a lot of modern prostitution has moved online. Prostitution is a serious offense which can carry severe criminal penalties.

Prostitution can be a criminal offense for prostitutes and buyers. If you have questions about prostitution laws in your state, talk to a prostitution criminal defense attorney.

What Is Criminal Prostitution?

In general, anyone associated with prostitution can be charged with a related offense. These sex crimes make it illegal for anyone to:

  • Soliciting or procuring prostitution
  • Offer sexual services for money
  • Engage in prostitution
  • Pimp, pander, or force someone to engage in prostitution
  • Arranging for others to engage in sexual activity for money

Some people consider prostitution to be a victimless crime. It often involves an agreement between two or more adults who are knowingly and voluntarily agreeing to exchange sex for money.

Criminalizing prostitution between consenting adults drives the practice underground. This may put sex workers at risk of sexual violence or exploitation. However, prostitution is still against the law in most of America. Licensed brothels are available in parts of Nevada outside Las Vegas and Reno.

In 2023, Maine became the first state to partially decriminalize prostitution. It is still a crime for customers to buy sex, but not for providers. Maine is following the so-called Nordic model of decriminalization.

What Qualifies as Prostitution?

Prostitution involves a sexual act or sexual contact with another person in exchange for money or anything of value. Something of value could also include food, covering rent, paying debt, or drugs.

Prostitution can include various sexual acts beyond just sexual intercourse. Sex acts that may qualify as acts of prostitution have anal sex, oral sex, or penetration. Sexual contact may include any lewd touching of a clothed or unclothed body part of the genitalia, anus, breast, or buttocks.

What Is Pimping and Pandering?

Pimping and pandering involve forcing or convincing someone else to engage in prostitution. Generally, the pimp takes some or all of the money, profiting from the sex worker. It is against the law to cause, compel, induce, or arrange for any individual to engage in prostitution.

Pimping or pandering can be a misdemeanor or felony, depending on the circumstances and state law. Generally, the penalties are harsher for forced prostitution, child prostitution, human trafficking, or sex trafficking.

What Is Solicitation of Prostitution?

Solicitation laws criminalize people who are looking to engage in commercial sex. Even if you never engage in sex, it can be a crime to even ask or arrange for someone to engage in prostitution. You can be arrested just for being in the company of suspected prostitutes.

In a sting operation, the police department sets up an undercover agent or informant to pose as a sex worker. When the suspect agrees to pay for sex or hands over money, the police move in and make arrests. Police often use undercover agents as streetwalkers or set up prostitution offers online.

Solicitation is generally a misdemeanor offense. However, soliciting a minor can be a felony charge with sex offender registration. It is essential to consult a criminal defense attorney if you are facing solicitation charges.

States Have Additional Penalties to Discourage Customers

Some jurisdictions are especially harsh with their criminal penalties for suspected customers. In addition to jail time and fines, some police departments may:

  • Publish mug shots of individuals arrested for solicitation
  • Impound a suspect’s vehicles

Sex Offender Registration

In some cases, prostitution offenses can require the defendant to register as a sex offender. In most states, misdemeanor prostitution or solicitation is not a registerable offense. However, if it involves sexual assault or sexual exploitation of a minor, it can be a registerable offense.

sex offender is required to register with local law enforcement. Sex offenders may be limited in where they can live and what jobs they can take. State sex offender registries are available for public searches. Registries include the offender’s name, address, and criminal history.

It may be too late to prevent an arrest for prostitution, but you can take steps to avoid a criminal conviction. There are several criminal defense strategies for anyone charged with prostitution or solicitation. The prosecutor may be relying on the risk of harm to your reputation to get you to accept their plea deal offer.

Your criminal defense attorney can challenge the evidence against you to show that you never intended to pay for sex. Without evidence of an agreement or payment for sex, the prosecutor may not have enough to go forward with the charges. Talk to your criminal defense lawyer about the best defense strategies in your case.

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