Being arrested for solicitation of prostitution is not only embarrassing, but it can also have serious consequences. However, you may have a defense or a mitigating circumstance that could either dismiss or reduce your charges. To protect your future, learn more about this charge from an experienced Minnesota solicitation of prostitution attorney from the information listed below.
What makes up a solicitation of a prostitute charge?
Solicitation of prostitution is the request of the solicitor to another to perform a sexual act in exchange for a fee. The specific charge depends on various factors. If you solicit or induce a person under 18 years old into prostitution, then you will be charged with solicitation in the first degree. If you solicit or induce a person 18 years old or older into prostitution, you will be charged with solicitation in the second degree. In addition to the age of the person receiving the request, the elements of the crime include:
- The solicitor requests that another engages in criminal conduct (here it would be prostitution),
- and the solicitor intends to engage in this criminal conduct with that person.
Note that the solicitor does not need to actually carry out the sexual act with the performer. They only need to intend to carry out the act. Therefore, if an undercover agent attempts to solicit a prostitute for the purposes of a sting operation, they could not be charged.
Note also that even if the solicitor does not intend to touch the performer, but merely observe, then they can still be charged with solicitation.
Are there any defenses?
The primary argument to solicitation would be that the sexual act was consensual and not intended for a fee. This is a difficult defense if there are texts or other written instruments suggesting otherwise. The accused are left in a difficult position if they exchanged money with the alleged performer prior to the act, even if the exchange was for something innocent.
What are the consequences of a conviction?
First degree solicitation, or soliciting sex with a minor, carries up to a maximum of 20 years imprisonment or a $50,000 fine or both. Second degree solicitation (or soliciting sex with an adult) carries a maximum of 15 years imprisonment or a fine of $40,000 or both.
Though first time offenders will not generally receive the maximum imprisonment or fine, there are aggravating factors that will be considered.
Aggravating factors for first degree solicitation include whether:
- The accused has committed a prior human trafficking-related offense,
- the offense involved a sex trafficking victim that suffered bodily harm during the offense,
- the sex trafficking victim was held in debt bondage or forced labor during that time period, or
- The offense involved more than one sex trafficking victim.
Aggravating factors for second degree solicitation include whether:
- The accused solicits another to practice prostitution,
- the accused promotes the prostitution of an individual (a.k.a. “pimping),
- the accused receives profit resulting from that prostitution, or
- the accused engages in the sex trafficking of an individual.
Solicitation of prostitution is a serious crime that has serious consequences. Before you speak with a police detective or prosecutors, make sure you have the counsel of an experienced solicitation of prostitution attorney. Experienced counsel can assist you in defending your case, possibly getting charges reduced or even dismissed. Don’t live the rest of your life with a solicitation conviction on your criminal record which could impact relationships, employment, or even your ability to secure a loan. If you or someone you love has been charged with solicitation of a prostitute and needs help, please contact us for a consultation as soon as possible.
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.