Prostitution and solicitation are two closely related crimes. Solicitation occurs when someone demands, encourages, or requests another person to engage in prostitution, which is a criminal act in itself. Prostitution encompasses various forms, from sophisticated escort services to street-level solicitation. Engaging in, agreeing to, or offering sexual acts in return for compensation is classified as prostitution and is considered illegal in most jurisdictions.
Prostitution & Solicitation Laws
Prostitution and solicitation are covered under 25 CFR 11.453 – Prostitution or Solicitation, describing both acts as misdemeanor crimes. Prostitution is also regulated under 18 U.S. Code Section 1384, which specifically addresses prostitution near military and naval establishments.
Prostitution & Solicitation Crimes & Charges
Each state has its own laws regarding prostitution and solicitation. Typically, solicitation convictions require that someone engaged in or intended to engage in criminal conduct with another person. A perpetrator must request a sexual act from someone, intending to follow through with it, although the act itself does not have to occur for a conviction.
Prostitution is illegal in every state except certain parts of Nevada, where it is strictly regulated. Some states do not punish the act of prostitution itself but focus on solicitation and facilitation. Additionally, the Mann Act addresses human sex trafficking, further complicating prostitution-related charges.
Prostitution & Solicitation Punishments
Punishments for solicitation vary by state. First-time offenders often face fines and community service, along with mandatory HIV testing and educational classes. Repeat offenders are more likely to receive jail sentences. Common sentences include:
- Jail time, usually up to a year.
- Fines ranging from $100 to $1,000, plus court fees.
- Probation, typically lasting at least 12 months.
- Pretrial diversion, similar to probation, with charges dropped if requirements are met.
Child prostitution is treated much more severely, with felony charges resulting in prison sentences of ten years or more and mandatory registration as a sex offender.
Prostitution itself is usually charged as a misdemeanor, but promoting prostitution can be a felony, especially if minors are involved.
Prostitution & Solicitation Sentencing Guidelines
Prosecution must prove that solicitation occurred and that the defendant had criminal intent. Defendants often claim they recanted their offer before any sexual act took place, complicating prosecution. Testimony from a prostitute is usually required but rarely obtained, making sentencing complex. Judges consider recidivism and the age of the prostitute in their decisions.
Prostitution & Solicitation Statute of Limitations
In most states, the statute of limitations for prostitution and solicitation is one year, leading to rapid charges. However, arrests may occur as part of larger investigations into prostitution or human trafficking, potentially extending the statute of limitations.
Notable Prostitution & Solicitation Cases
Undercover Operation in Florida: Three people were arrested in an undercover prostitution operation. They were charged with solicitation to commit prostitution, and one woman faced additional charges for possessing drug paraphernalia【Florida Today】.
Oxnard Solicitation Sting: In Oxnard, 14 men were arrested during a ‘Reverse John’ sting operation. Undercover officers posted fake ads on a website with sexually explicit content, leading to the arrests. The men faced misdemeanor charges, likely resulting in 30 days in jail, fines, and mandatory HIV testing and classes【Ventura County Star】.
South Carolina Legislation: South Carolina is tackling sex trafficking with new legislation increasing fines for solicitors and imposing felony charges for soliciting mentally disabled prostitutes. There is a controversial proposal to require third-time solicitation offenders to register as sex offenders, but it has not yet passed【WBTW News 13】.
Iowa Human Trafficking Operation: In Iowa City, a human trafficking and prostitution operation led to the arrest of three people and charges against twelve others for soliciting prostitution. The investigation involved a 40-member law enforcement team from various agencies, addressing significant human trafficking issues in the state【KWQC TV 6】.
Health First Foundation President Arrested: Terry Mohr, president of the Health First Foundation, was arrested on solicitation charges. Mohr resigned immediately and was released on a $500 bond. He has been a respected figure in philanthropic fundraising for over 25 years【Florida Today】.
Rashia Wilson and Operation On the Hook: Rashia Wilson, dubbed the “First Lady” of tax fraud, was implicated in a prostitution ring as part of a larger investigation. The operation, named “On the Hook,” targeted high-profile individuals involved in prostitution and fraud, resulting in numerous arrests and highlighting the intersection of different criminal activities.
Nevada’s Legal Brothels and Sex Trafficking: Despite legal prostitution in certain counties, Nevada faces significant challenges with illegal sex trafficking. Recent cases have shown that even within regulated environments, issues of exploitation and trafficking persist, leading to stricter regulations and enforcement efforts.
These cases illustrate the diverse nature of prostitution and solicitation crimes and the varying approaches law enforcement and legal systems take to combat them.
Prostitution Laws By State
Prostitution involves the exchange of sexual services for money or other goods. The laws and penalties for prostitution vary by state:
Under Code of Alabama Section 13A-12-120:
- Prostitution is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $6,000.
Under Alaska Stat. Section 11.66.100:
- Prostitution is a Class B misdemeanor, with penalties including up to 90 days in jail and fines up to $2,000.
Under Arizona Revised Statutes Section 13-3214:
- Prostitution is a Class 1 misdemeanor, punishable by up to 6 months in jail and fines up to $2,500.
Under Arkansas Code Section 5-70-102:
- Prostitution is considered a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under California Penal Code Section 647(b):
- Prostitution is a misdemeanor, with penalties including up to 6 months in jail and fines up to $1,000.
Under Colorado Revised Statutes Section 18-7-201:
- Prostitution is a Class 3 misdemeanor, punishable by up to 6 months in jail and fines up to $750.
Under Connecticut General Statutes Section 53a-82:
- Prostitution is considered a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,000.
Under Delaware Code Title 11, Section 1342:
- Prostitution is a Class B misdemeanor, with a potential sentence of up to 6 months in jail and fines up to $1,150.
Under Florida Statutes Section 796.07:
- Prostitution is a second-degree misdemeanor, punishable by up to 60 days in jail and fines up to $500.
Under Georgia Code Section 16-6-9:
- Prostitution is a misdemeanor, punishable by up to 12 months in jail and fines up to $1,000.
Under Hawaii Revised Statutes Section 712-1200:
- Prostitution is a petty misdemeanor, which includes a potential 30-day jail sentence and fines up to $1,000.
Under Idaho Code Section 18-5613:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under Illinois Compiled Statutes 720 ILCS 5/11-14:
- Prostitution is a Class A misdemeanor, with penalties of up to 1 year in jail and fines up to $2,500.
Under Indiana Code Section 35-45-4-2:
- Prostitution is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $5,000.
Under Iowa Code Section 725.1:
- Prostitution is a serious misdemeanor, punishable by up to 1 year in jail and fines up to $1,875.
Under Kansas Statutes Section 21-6419:
- Prostitution is a Class B misdemeanor, which could result in up to 6 months in jail and fines up to $1,000.
Under Kentucky Revised Statutes Section 529.020:
- Prostitution is a Class B misdemeanor, punishable by up to 90 days in jail and fines up to $250.
Under Louisiana Revised Statutes Section 14:82:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $500.
Under Maine Revised Statutes Title 17-A, Section 853:
- Prostitution is a Class E crime, punishable by up to 6 months in jail and fines up to $1,000.
Under Maryland Code, Criminal Law Section 11-306:
- Prostitution is a misdemeanor, punishable by up to 1 year in jail and fines up to $500.
Under Massachusetts General Laws Chapter 272, Section 53A:
- Prostitution is punishable by up to 6 months in jail and fines up to $500.
Under Michigan Compiled Laws Section 750.449a:
- Prostitution is a misdemeanor, with a maximum penalty of 93 days in jail and fines up to $500.
Under Minnesota Statutes Section 609.324:
- Prostitution is a misdemeanor, punishable by up to 90 days in jail and fines up to $1,000.
Under Mississippi Code Section 97-29-49:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $500.
Under Missouri Revised Statutes Section 567.020:
- Prostitution is a Class B misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under Montana Code Annotated Section 45-5-601:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $500.
Under Nebraska Revised Statutes Section 28-801:
- Prostitution is a Class II misdemeanor, with a penalty of up to 6 months in jail and fines up to $1,000.
Under Nevada Revised Statutes Section 201.354:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under New Hampshire Revised Statutes Section 645:2:
- Prostitution is a Class B misdemeanor, punishable by up to 90 days in jail and fines up to $1,200.
Under New Jersey Statutes Section 2C:34-1:
- Prostitution is considered a disorderly persons offense, with a typical sentence range of up to 6 months in jail and fines up to $1,000.
Under New Mexico Statutes Section 30-9-3:
- Prostitution is a petty misdemeanor, punishable by up to 6 months in jail and fines up to $500.
Under New York Penal Law Section 230.00:
- Prostitution is a Class B misdemeanor, punishable by up to 3 months in jail and fines up to $500.
Under North Carolina General Statutes Section 14-204:
- Prostitution is a Class 1 misdemeanor, punishable by up to 120 days in jail.
Under North Dakota Century Code Section 12.1-29-03:
- Prostitution is a Class B misdemeanor, with a penalty of up to 30 days in jail and fines up to $1,500.
Under Ohio Revised Code Section 2907.25:
- Prostitution is a third-degree misdemeanor, with penalties including up to 60 days in jail and fines up to $500.
Under Oklahoma Statutes Title 21, Section 1029:
- Prostitution is punishable by up to 30 days in jail and fines up to $2,500.
Under Oregon Revised Statutes Section 167.007:
- Prostitution is a Class A misdemeanor, which can result in up to 1 year in jail and fines up to $6,250.
Under Pennsylvania Consolidated Statutes Title 18, Section 5902:
- Prostitution is a third-degree misdemeanor, with penalties including a maximum of 1 year in jail and fines up to $2,500.
Under Rhode Island General Laws Section 11-34.1-2:
- Prostitution can result in up to 6 months in jail and fines up to $1,000.
Under South Carolina Code Section 16-15-90:
- Prostitution is punishable by up to 30 days in jail and fines up to $200.
Under South Dakota Codified Laws Section 22-23-1:
- Prostitution is a Class 1 misdemeanor, punishable by up to 1 year in jail and fines up to $2,000.
Under Tennessee Code Annotated Section 39-13-512:
- Prostitution is a Class B misdemeanor, punishable by up to 6 months in jail and fines up to $500.
Under Texas Penal Code Section 43.02:
- Prostitution is a Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000.
Under Utah Code Section 76-10-1302:
- Prostitution is a Class B misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under Vermont Statutes Title 13, Section 2632:
- Prostitution is punishable by up to 1 year in jail and fines up to $100.
Under Virginia Code Section 18.2-346:
- Prostitution is a Class 1 misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under Revised Code of Washington Section 9A.88.030:
- Prostitution is a simple misdemeanor, punishable by up to 90 days in jail and fines up to $1,000.
Under West Virginia Code Section 61-8-5:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $100.
Under Wisconsin Statutes Section 944.30:
- Prostitution is a Class A misdemeanor, punishable by up to 9 months in jail and fines up to $10,000.
Under Wyoming Statutes Section 6-4-101:
- Prostitution is a misdemeanor, punishable by up to 6 months in jail and fines up to $750.