What You Need to Know About Prostitution Charges
Anyone who has a prostitution charge against them will likely want to get it dismissed during trial. Here’s everything you need to know about getting a prostitution charge dismissed.
There are a series of strategies that defendants and their representation can employ to have the best chance of getting their prostitution charge dismissed. The best strategy will depend on the specifics of the case.
Prostitution Law
Prostitution, sometimes referred to as solicitation, is legally defined as the offering or agreeing to conduct sexual conduct with someone in exchange for money or other fees. It does not have to include sexual intercourse in many states and many acts of a sexual nature can be considered acts of prostitution. Prostitution is illegal throughout the United States with Nevada being the only exception.
Related: New York Prostitution & Solicitation Laws
Prostitution Convictions
In order to be convicted of prostitution, the prosecutor, typically the district attorney, must prove the following:
- The defendant requested or solicited someone to engage in prostitution
- The defendant intended to engage in prostitution with that person
- The other person accepted the request
The penalties for a prostitution conviction vary by state. However, it is typically considered a misdemeanor crime and punishments can include a fine and jail time.
Strategies for Getting a Prostitution Charge Dismissed
There are 3 main strategies for getting a prostitution charge dismissed. The best defense will depend on the facts of the specific case, so those facing a charge should consult a lawyer before picking a strategy.
Entrapment
Entrapment defenses argue that the police pushed defendants to act in a way that they otherwise would not have. It typically occurs when police are undercover and are trying to get someone charged with a crime. Some examples of entrapment are:
Badgering
- Pressuring or persuading someone to commit a crime
- Repeated requests for someone to commit a crime
- Telling someone that the crime is not illegal
An example of entrapment in prostitution cases would be if an undercover cop went up to someone that they knew was in need of money and requested that they commit prostitution. The person had no history of prostitution. The person initially refused, but the cop continued to pressure that person over the course of a few weeks to commit the prostitution. The person gave in and then was charged with prostitution.
It is clear that the person would not have committed prostitution had it not been for the cop’s repeated pressuring, so entrapment would be a good defense for their case.
Insufficient Evidence
Defendants can argue that the prosecutor has not gathered enough evidence to prove that they committed an act of prostitution. The prosecutor must prove the 3 elements listed above to demonstrate the defendant’s guilt. If they fail to prove even one of them, the defense of insufficient evidence may be employed by the defendant.
The main element that is often difficult to prove in prostitution cases is the intent of the defendant to commit the act. If the intent is not proven, the defendant cannot be liable for solicitation.
An example of insufficient evidence would be if an undercover cop had intercourse with someone without discussing payment. Then, the cop handed the person some money after intercourse and charged them with prostitution. The person could then argue that there is a lack of evidence to show their intent to commit an act of prostitution because payments were not discussed. The person could have simply wanted to have consensual intercourse with the cop, not engage in prostitution.
Related: What to Do If You’re Being Sexually Harassed at Work
Critiquing the Policeman’s Credibility
Many prostitution cases rely almost completely on the testimonies of undercover police. This means that the defense may destroy the police’s credibility as a helpful defense tool.
An example of critiquing police credibility in a prostitution case would be bringing up if the policeman had a history of illegal arrests or other accidents on the job. If the police treated the alleged prostitute illegally or unfairly during the arrest, it may also be used as a defense to get the charge dismissed.
FAQs About Getting Prostitution Charges Dismissed
What are the penalties for a first-time prostitution charge?
While first-time prostitution penalties will vary depending on the state, they generally are a few months in jail and a few hundred dollars to a few thousand dollars in fines.
Which defense should I use to defend myself against a prostitution charge?
The best defense to get a prostitution charge dismissed will depend on the specifics of the case. However, insufficient evidence is the most general defense to be used in prostitution cases.
What are common pieces of evidence used in prostitution cases?
Some common forms of evidence used in prostitution cases are the testimonies of police and witnesses, video or audio recordings, and photographs.
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