Solicitation of Prostitution

The crime of solicitation of prostitution occurs when a person solicits, induces, entices, or procures another to commit prostitution, lewdness, or assignation. Most of these cases are law enforcement stings either online (Backpages ads, Craigslist, etc.) or in person (undercover female on the street). Once an agreement is reached to exchange a sexual act for money, that’s solicitation. No sexual act is necessary since solicitation involves merely encouraging someone to commit a crime.

Some common myths on law enforcement prostitution stings:

  1. Myth: If I ask if they are the police, they must tell me.
    Truth: No, the police are allowed to lie to you about being a law enforcement officer.
  2. Myth: If I ask them to expose themselves and they don’t, I will know they are law enforcement and can avoid charges.
    Truth: Requesting exposure violates the same statute (soliciting a lewd act).
  3. Myth: If I ask them to grab my crotch or breast and they don’t, I will know they are law enforcement and can avoid charges.
    Truth: Requesting lewd touching violates the same statute (soliciting a lewd act). Also, since they have your consent, touching you isn’t a crime so they technically can.
  4. Myth: Using code words like “roses” instead of money is a complete defense.
    Truth: Officers are allowed to testify about the meaning of typical code words (i.e., “roses” really mean “dollars”).

Solicitation charges can result in some steep mandatory penalties, including 100 hours of community service, impounding (or even forfeiting) the vehicle, and a $5000 fine upon conviction. Potential incarceration varies depending on whether the offense is:  

  • 1st offense: First Degree Misdemeanor (up to a year in jail)
  • 2nd offense: Felony of the Third Degree (up to 5 years prison) mandatory 10 days jail.
  • 3rd offense: Felony of the Second Degree (up to 15 years prison) mandatory 10 days jail.

If the person solicited was a minor, you may also be facing charges of Human Trafficking of a Minor, which can result in a mandatory life sentence.

Common Defenses:

If you’re facing prostitution or solicitation of a prostitute charges, contact Blaine today to discuss your rights under law.