Some examples of soliciting prostitutes are stopping a car next to a hooker and asking to pay for sex, following a prostitute’s instructions for service, and using the internet to negotiate a price for a sexual act. All of these involve a request for a sexual act and show an intent to engage in an act of prostitution.
What are some examples of the solicitation of a prostitute?
7 examples of someone soliciting a prostitute are:
- driving a car up to a woman who is loitering on a street corner and offering to pay for a blowjob,
- walking up to a woman on a street corner, asking how much it would cost for sex, and then pulling the money from a pocket,
- asking a prostitute for a sex act and then following their instructions for how to pay and where to meet,
- negotiating prices and services with a pimp and reaching an agreement,
- offering a prostitute drugs in exchange for a lewd act,
- using the internet to engage with a prostitute or pimp and then following their instructions, and
- a police officer telling a driver that they will not write a ticket if the driver performs oral sex.
All of these scenarios show the elements of the crime of solicitation of a prostitute. Generally, those elements are:
- you requested another person to engage in an act of prostitution, and
- in doing so, you intended to engage in an act of prostitution with the other person.1
The criminal law in many states also requires that the other person receive the solicitation.
Note, though, that engaging in sexual intercourse is not required for solicitation charges.
Some examples of conduct that is not solicitation of a prostitute include:
- waving to a woman standing on the sidewalk,
- giving a prostitute a cup of coffee,
- talking with a pimp about something unrelated to prostitution, and
- offering money or drugs to a prostitute on a dare from friends.
In the first 3 of these scenarios, there is no request for an act of prostitution or sexual conduct. In the last example, there is no intent to engage in sexual activity.
Are there any criminal defenses to solicitation of prostitution charges?
There are several legal defenses that can be raised to an allegation of solicitation of a prostitute. Some of the most common are:
- entrapment,
- false accusations,
- lack of intent, and
- lack of a request.
A criminal defense lawyer from a reputable law firm can help you decide which strategy is the best to pursue in your particular case.
Entrapment
Entrapment is a very common defense in solicitation cases. The defense argues that law enforcement coerced you into soliciting a prostitute when you would not have done it, otherwise. This is a common defense because many prostitution arrests come from sting operations involving undercover police officers acting as johns or sex workers.
The entrapment defense only succeeds if you can show that the police officer pressured you into committing the offense. The pressure would have had to be enough to induce a normally law-abiding person into the crime.2 It does not suffice for law enforcement to merely present an opportunity for you to commit the crime.3
False accusations
Because soliciting a prostitute is heavily stigmatized, some people accuse others of doing it for an ulterior motive, like payback or vengeance. If you can show that the case relies on a false accusation like this, it can be an effective defense.
For example: Paul is in the middle of a divorce. His spouse tells police that she saw him soliciting a prostitute for sexual services, knowing it to be a lie.
Lack of intent
Another common defense to a charge of soliciting a prostitute is that you did not intend to engage in an act of prostitution. Solicitation is a specific intent offense. Prosecutors do not just have the burden of proving that you intentionally made a solicitation. They also have to show that your solicitation was done with the specific intent of engaging in an act of prostitution. It is up to the prosecutor to prove this element of the crime beyond a reasonable doubt. If you can show that you did not have this intention, it can make for a good defense.
For example: Ted’s friends dare him to offer a prostitute money for a blowjob. He makes the offer in order to complete the dare, but did not intend to go any further than that.
Lack of a request
An element of the crime of solicitation is that a request for a sexual act was made. If there was no request, it can undermine the prosecutor’s case.
For example: Mark is driving in the city and has gotten lost. He sees a woman on the side of the road and asks for directions.
What are the penalties for soliciting prostitution?
The penalties for a conviction for soliciting prostitution depend on the state. It is generally a misdemeanor sex crime, though. These misdemeanor offenses carry less than 1 year in jail.
In California, for example, a first offense of soliciting prostitution carries up to 6 months in jail and a fine of up to $1,000.4 Subsequent offenses carry the following mandatory minimum jail terms in an attempt to deter repeat offenders:
- 45 days for a second offense, and
- 90 days for a third or subsequent offense.5
A judge has the discretion to impose a term of summary probation in lieu of jail time if you are a first-time offender in California. While probation allows you to stay out of jail, you have to comply with an extensive list of terms for your release, like:
- refraining from further criminal activity,
- avoiding contact with certain people,
- performing community service,
- completing a drug or alcohol treatment course, and
- passing random drug tests.
Violating a term of probation can lead to a probation revocation. This would send you to jail for the rest of your sentence.
In some states, if you are convicted of solicitation or another prostitution crime, you may have to register as a sex offender. California is not one of those states.
Nevertheless, if you are convicted of solicitation, you will have an awkward blemish on your criminal record. Avoiding this outcome is essential. Establishing an attorney-client relationship with a criminal defense attorney from a local law office is the best way to defend against the criminal charges. A lawyer’s legal advice can help you protect your rights and interests.
Additional resources
If you are a sex worker in need of help, refer to the following:
- National Harm Reduction Coalition – Resource library on how to remain safe while working in and escaping sex work.
- Red Umbrella Fund – Sex worker-led participatory fund to advance the interest of sex workers.
- Sex Workers Project – Medical, financial, and mental health resources for sex workers.
- National Human Trafficking Hotline – Immediate help for victims including where to find shelters.
- Sex Workers Outreach Project-USA – National social justice network focused on ending violence and stigma through education and advocacy.
