Home » Patronizing Prostitution. In the past, defendants used to be able to take a course, pay a fine, pay court costs, pay to get their seized car back, and then they could go about their life without losing their job, their marriage, and their freedom.
Now, the prosecutors come into court and refuse to make a reasonable offer — even opposing your legislative right to seek judicial diversion, where you receive no jail time and the offense can be removed from your record after the successful completion of a probation period.
They ask for sympathy from the judge, talking about how many hours the police had to work to set up these ridiculous operations. I am following this issue very closely and usually represent about half of the individuals who get caught in each sting operation. Contact me immediately to discuss how we can handle your case in this new toxic environment.
An individual accused of attempting to hire a prostitute may be subject to the charge of patronizing prostitution. This charge is often alleged to have occurred through on-line classified sites such as Back or Craigslist. This charge can also result from a person-to-person transaction in which an individual approaches an undercover officer pretending to be a prostitute. There is a common misconception that when an undercover officer pretends to be a prostitute, there will be a defense of entrapment.
Entrapment only when an officer persuades an otherwise unwilling individual to commit the act — merely providing the opportunity will not result in an entrapment defense. Other unacceptable defenses are listed below. The offense is more serious when it occurs within a limited range of a school or church. However, due to the expansive geographical interpretations, an individual will likely be charged with this enhancement without even knowing that school or church is nearby. Read this Attorney General opinion confirming that this is the minimum sentence upon conviction.
The most severe penalty of this offense is that conviction may result in the individual being placed on the Sex Offender Registry. If you have been charged with patronizing prostitution, please contact me immediately to discuss how we can defend your reputation and your freedom.
I have written an entire consumer guide for individuals charged with this offense, which can be downloaded for free here. You can also read my original blog entry discussing the consumer guide and its contents here.
Code Ann. Patronizing prostitution — Unacceptable defenses. B Nothing in this subdivision b 4 shall be construed as prohibiting prosecution under any other applicable law. I can only give general advice here without having read the specific facts in your case, but I can say this — often, when the Vice Squad runs an undercover operation, they initiate the take-down al too early, which can help us argue that there was not a completed transaction.
This is often what happens: a man is interested in hiring a prostitute who is actually an undercover officer.
Whether he tries to engage her through a profile such as back. In many cases, the defendant either decides not to complete the transaction by actually tendering money, but there is a tentative verbal agreement. My position obviously defense friendly is that unless money is exchanged, the act has not been completed. Take, for example, a drug sale.
Without money, there is no sale; only talk. Everything before that is just negotiations in my opinion. However, the statute does not specifically say that money has to be tendered. If the judge or the jury decides that the offense has been committed and does not require money, then the appellate court will likely uphold the verdict. Under that definition, a person discussing sex acts with an undercover officer in exchange for compensation could be found guilty of at least criminal attempt of patronizing prostitution.
In rare circumstances, the officers act too aggressively and can open themselves to a claim of entrapment.
Let me begin by saying that entrapment very rarely works — it is not enough merely to provide an opportunity; instead, law enforcement officials must induce or persuade an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. What facts can make the charge more serious?
Patronizing prostitution is a Class B misdemeanor.
This offense can potentially lead from a range of eight to fifteen years in prison, depending on various facts. Could this charge put me on the Sex Offender Registry? Patronizing prostitution will not normally place a criminal defendant onto the Sex Offender Registry. Along with a range of eight to fifteen years in prison, the offense will place the defendant on the Sex Offender Registry.
Can I get a diversion on this offense? After the criminal defendant enters a guilty plea, the sentence is suspended and the charge would show on a criminal background check as a pending offense not a conviction.
If the criminal defendant is successful, he or she has achieved the same result as winning at trial. Patronizing prostitution is eligible for diversion unless the defendant is accused of patronizing prostitution from a person who is younger than eighteen 18 years of age or has an intellectual disability. A criminal defendant seeking to raise a defense against the criminal charge of patronizing prostitution cannot argue that because the alleged prostitute was a law enforcement officer and was never going to engage in a sex act, the offense never could have actually occurred.
Additionally, the statute states that a criminal defendant cannot raise a defense that the victim of the offense is a minor and consented to the offense because a minor cannot consent as a matter of law. Do I have to get tested at the Health Department? If a criminal defendant is convicted for patronizing prostitution, the court shall order the convicted person to submit to an HIV test.
The test shall be performed by a d medical laboratory at the expense of the defendant. The defendant shall obtain a confirmatory test when necessary. The defendant shall also be referred to appropriate counseling. The defendant shall return a certified copy of the of all tests to the court. The court shall examine in camera and seal the record. Could law enforcement seize my house or car over this?
If a criminal defendant was found to have used his or her house or any personal property in the commission of patronizing prostitution, the real or personal property is subject to judicial forfeiture, but only if the offense is committed against a person under eighteen 18 years of age and was committed on or after July 1, Patronizing prostitution — Unacceptable defenses a A person commits an offense under this section who patronizes prostitution. Excerpt from my Patronizing Prostitution consumer guide: I can only give general advice here without having read the specific facts in your case, but I can say this — often, when the Vice Squad runs an undercover operation, they initiate the take-down al too early, which can help us argue that there was not a completed transaction.
What defenses are unavailable?
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