When is Prostitution a Felony?

In many states, prostitution is a misdemeanor. However, in some of these same states, the act of pandering ("pimping") is considered a felony. This disparity follows a legislative trend toward decriminalizing prostitution which, to many, is considered a "victimless" crime. However, more courts recognize that many of those who participate in prostitution are actually victims of sexual exploitation and seek to intervene instead of punish. The same social policy that understands that prostitutes are sometimes victims of others also recognizes that those who recruit these women or men should receive harsher penalties. This social policy is reflected in many prostitution laws.

Prostitution – Definitions

Many statutes define prostitution as performing for hire, or offering or agreeing to perform for hire, sexual acts for an exchange of value (often money). These sexual acts include, but are not exclusive to, sexual intercourse; sodomy; or manual genital manipulation. Most prostitution laws are gender neutral and apply to both males and females.

Pandering is procuring customers for a prostitution usually for a profit. This definition also includes recruitment of prostitutes for hire.

Solicitation by a customer (or john) is seeking to engage in a sexual act for hire with a prostitute.

Aggravating Factors

HIV

In some states, prostitution is considered a felony where the one engaging in the act knows he or she tested positive for HIV.

MINORS

Procuring or soliciting those who are statutory minors for sexual acts is considered a class felony in many states. Sexual abuse of juveniles and minors carry a heavier social and legal penalty than simple prostitution. Panderers who coerce or "hire" minors as well as those who solicit their services may face lengthy jail terms if convicted.

COERCION/TRAFFICKING

Coercing anyone of any age to engage in the act of prostitution is also considered a felony by most states. A person who recruits, harbors, transports another person knowing that fraud, coercion or force was used is guilty of trafficking, which is also considered a felony.

MULTIPLE CONVICTIONS

In some states, a prostitute's first arrest is considered a misdemeanor; a subsequent arrest after several convictions may rise to the level of a felony. For example, in Illinois the first arrest is a Class A misdemeanor and an arrest after 4 convictions is considered a Class 4 felony.

Penalties

State prostitution laws vary regarding penalties. For example, in Alabama, prostitutes and customers may face up to a year in jail (misdemeanors) and or face fines of $6,000. However, those convicted of pandering or pimping (or running a brothel) may serve 1 to 10 years in jail and/or face fines of $16,000.

In California, convicted pimps and brothel owners face 3 to 6 years in jail.

Although most states charge panderers with felonies, Arkansas penalizes those caught pimping with misdemeanor jail time and/or fines of $1,000.

Talk to a Criminal Defense Lawyer

Those who are charged with prostitution or solicitation should retain an attorney as soon as possible, especially if there are aggravating circumstances that may raise the charges to felonies. Even if a person considers himself (or herself) innocent, factors may occur that will strongly prejudice the accused in court. An experienced attorney will know how to protect the interests of the accused so that he or she does not face the most punitive charges.