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Solicitation of Prostitution and the Entrapment Defense

July 24, 2019 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

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Criminal sex statutes are incredibly fact specific and an experienced sex crimes attorney is needed to adequately defend you in court. If you have been arrested for engaging in prostitution, contact a defense attorney with experience in defending sex crimes.

Law enforcement has recently upped its sting operations and prosecution for sex crimes. In doing so, law enforcement can often err in judgment or make a mistake; in this case, having an experienced attorney can make a significant difference. Law enforcement officers often target individuals on the street, in nightclubs, in massage parlors, and online venues. There are many defenses that an experienced criminal defense attorney can use to fight the charges, including the defense of entrapment.

Most charges for soliciting a prostitute are misdemeanors that can be punished by jail time and/or hefty fines. If the defendant has previously been convicted three or more times of an offense under the prostitution laws, the offense is a felony. Other consequences include a publicly available mugshot and the person’s name in various police blotters and newspapers. 

Penalties for Prostitution

The prostitution statute in most states make it illegal for anyone to knowingly offer to engage or engage in sexual conduct for a fee or to solicit another person in a public place to engage in sexual conduct for hire.

Penalties for Soliciting a Prostitute

The solicitation of prostitution statute in all states criminalizes the solicitation of prostitution, and it expressly does not apply to the prostitute him- or herself (the person who engages in the sexual conduct for compensation). 

Most state laws also include the requirement that the solicitation occurred in a public place. The first possible defense is to show that the conduct did not occur in a public place. State law defines a “public place” as any place to which the public or a substantial group of the public has access and includes, but is not limited to:

  • Streets and highways
  • Hotels
  • Apartment buildings
  • Schools (including colleges and universities)
  • Office buildings or other commercial establishments
  • Hospitals
  • Retail establishments and shops
  • Airports or bus stations

Entrapment Defenses for Solicitation of Prostitution

A successful entrapment defense is one where the defense attorney can show that the defendant would not have perpetrated the crime without the conception and planning of the offense by a law enforcement officer and the officer procured the offense by use of trickery, persuasion, or fraud. It is not sufficient that law enforcement present the defendant with the opportunity to commit the crime.

If you or someone you know has been charged with any of the prostitution charges under their state law, contact an experienced criminal defense lawyer in Connecticut as soon as possible. Prostitution charges and convictions can have serious consequences and an experienced attorney will be able to assess the facts of your case and assist you in creating a defense.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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