Factors Affecting Prostitution Conviction Sentencing

Prostitution is illegal in every state except Nevada, which heavily regulates the industry. In accordance with many laws dealing with sexual infractions, those convicted of prostitution in some states may be required to register as a sex offender. Laws cover those who provide the services (prostitutes), those who pander the services (historically referred to as pimps), and those who buy the services (solicitor/customer).

Prostitution Sentencing

Penalties for prostitution include the following:

• Fines
• Counseling
• Jail time

Because society is becoming more aware of the abusive nature of prostitution, where women (and men) may have been coerced into the "life", some states provide laws that deal more harshly with those who pimp and pander.

Mitigating Factors

In many states, those charged with prostitution for the first time may only face misdemeanor charges that result in a fine. However, those with multiple convictions may find themselves facing felony charges upon subsequent arrests.

The age of the prostitute is also a mitigating factor in sentencing. The growing number of juvenile prostitutes is the result of too many broken homes, a bad economy and society's willingness to "throw away" troubled youth. Courts take that into consideration when sentencing a minor charged with prostitution. Many courts actually favor intervention rather than punishment in cases where juveniles have been sexually exploited. Conversely, those who pimp and patronize minors may face harsher sentences than they would in the case of an adult prostitute.

In most states, consent by a juvenile is not a mitigating factor for those who pander or patronize juvenile prostitutes.

Patronage Laws

In most states, soliciting prostitutes of any age is treated the same. However, other state laws take into consideration the age of the prostitute if the prostitute is a statutory juvenile. In Colorado, the statute particularly prohibits involvement in prostitution with anyone who is under the age of eighteen. This is the case with most states. However, in New York, there are three statutes that deal with juvenile prostitution and vary according to the child's age. In seven states, the cut off age is seventeen and in fourteen states, only those under sixteen are protected.

Hiring an Attorney

If you have been charged with prostitution, you should retain an experienced lawyer who understands the prostitution laws of your state. If it is a first time charge, the courts may be lenient. However, if you have multiple arrests, you may face felony charges and will especially need an attorney.

If you have been charged with solicitation, and it is your first time charged, you may simply face fines. However, if you have caught soliciting a juvenile, you may face stiffer penalties, even if you were unaware that the prostitute was a minor. You will need an attorney to fight against the presumption that you intentionally solicited a juvenile, which not only carries more criminal penalties, but a more censorious social stigma as well.