Prostitution, Pimping, and Pandering Laws in North Carolina

Under North Carolina's laws, it's a crime to buy or sell sex, make money from or facilitate prostitution, or promote prostitution. Learn how North Carolina defines and penalizes prostitution offenses.

Is Prostitution Legal in North Carolina?

No. Prostitution and related offenses are not legal in North Carolina. Like many states, North Carolina prohibits and penalizes prostitution offenses committed by those who:

• work as prostitutes
• engage the services of a prostitute (patrons)
• profit from another's prostitution, or
• advance prostitution.

North Carolina defines prostitution as engaging, offering to engage in, or agreeing to engage in any of the following acts for money or other payment: sexual intercourse, oral or anal sex, object penetration, or sexual contact for sexual arousal or gratification.

Penalties for prostitution offenses range from Class 1 misdemeanors to Class C felonies. This article references the penalty classes by offense. You can find the possible punishments in the last section on Is Jail or Prison Possible for Prostitution-Related Offenses?

(N.C. Stat. §§ 14-27.20, 14-203 (2024).)

What Are the Penalties for Prostitution in North Carolina?

An adult who willfully engages in prostitution or solicits another commits a class 1 misdemeanor.

Conditional Discharge and Probation for First-Time Offenders

The law offers first-time offenders a chance at probation and conditional discharge to avoid a criminal conviction. A defendant who agrees to the program must abide by conditions set by the court, which must include counseling, drug testing, and a vocational assessment. Successful completion of probation results in discharge and dismissal of the case, and the person can apply for expunction (sealing) of the court records.

Limited Safe Harbor Law for Minors

North Carolina provides immunity from prosecution for minors suspected of, or charged with, prostitution. While minors can't be prosecuted, the law doesn't prevent their arrest or detention. The law also requires law enforcement to take the minor into temporary protective custody as an undisciplined juvenile.

(N.C. Stat. §§ 14-203, 14-204, 14-205.1 (2024).)

What Are the Penalties for Patrons in North Carolina?

Patrons (customers) of prostitution services can face misdemeanor or felony charges under North Carolina law.

Patronizing or Soliciting an Adult Prostitute

A patron who solicits a person for prostitution services can face Class 1 misdemeanor penalties. The crime is a Class A1 misdemeanor if the patron willfully engages the services of an adult prostitute or enters or remains in a place of prostitution with that intent. Repeat offenses carry Class G or H felony penalties.

Patronizing or Soliciting a Child for Prostitution

Patronizing or soliciting a minor younger than 18 for prostitution services carries felony penalties. Soliciting offenses carry Class G felony penalties and patronizing offenses are Class F felonies.

A person could face even harsher penalties under the crime of sexual servitude. This crime occurs if a person induces or obtains paid sexual services from a minor. It applies not only to those who subject or maintain a minor for such services, but also those who knowingly or recklessly patronize or solicit these services. Mistake of age is not a defense, and prosecutors don't need to show a patron used coercion or deception when the victim is a minor. A conviction carries Class C felony penalties.

Patronizing a Person With a Severe Mental Disability

Patronizing or soliciting prostitution services from a person with a severe or profound mental disability carries felony penalties. Soliciting offenses carry Class E felony penalties and patronizing offenses are Class D felonies.

(N.C. Stat. §§ 14-43.10, 14-43.13, 14-205.1, 14-205.2 (2024).)

What Are the Penalties for Promoting Prostitution in North Carolina?

Laws against promoting prostitution are aimed at third parties who advance or profit from another's prostitution. (These laws don't punish acts committed by prostitutes or patrons.)

Profits From Prostitution

It's a felony to profit from prostitution by:

• compelling someone to become a prostitute
• receiving any portion of a prostitute's earnings for arranging or offering to arrange services, or
• doing anything else to receive compensation from another's prostitution.

For offenses involving a minor or person with a profound mental disability, a defendant can face a Class C or D felony. Class C felonies apply to:

• defendants with prior prostitution-related convictions and
• offenses involving unlawful confinement of, or administration of intoxicating alcohol or drugs to, the victim.

In all other instances, the offense will be a Class E felony for a defendant with prior prostitution-related convictions and a Class F felony without such priors.

Advances Prostitution

A person advances prostitution by soliciting for a prostitute or keeping a place of prostitution.

Soliciting for a prostitute. It's a crime for a person to sell another's prostitution services by arranging or offering to arrange a meeting, directing someone to a specific place, or using the internet or any other means to sell services.

Keeping a place of prostitution. It's also unlawful to keep or exercise control over a place knowing it will be used for purposes of prostitution. This crime also occurs if the person should know of the intended use of the place based on the circumstances or if they permit its continued use for prostitution after becoming aware of such facts.

A first offense for advancing prostitution is a Class F felony. A defendant who has certain prostitution-related priors can face a Class E felony. If the offense involves a minor or person with a severe or profound disability, the penalties increase to a Class D felony (no priors) or Class C felony (with priors).

(N.C. Stat. §§ 14-203, 14-205.3 (2024).)

Is Jail or Prison Possible for Prostitution-Related Offenses in North Carolina?

North Carolina uses a sentencing grid to determine whether a defendant will receive a straight jail or prison sentence or a sentencing alternative (like probation). A lot will depend on the defendant's criminal history and the circumstances of the offense.

Below are the standard and maximum sentences by offense class (misdemeanors only show the maximum):

• Class 1 misdemeanor: up to 120 days of jail time
• Class A1 misdemeanor: up to 150 days of jail time
• Class H felony: standard sentencing range of 5 to 20 months' imprisonment, maximum of 3 years
• Class G felony: standard sentencing range of 10 to 24 months' imprisonment, maximum of 4 years
• Class F felony: standard sentencing range of 1 to 3 years' imprisonment, maximum of 5 years
• Class E felony: standard sentencing range of 2 to 4 years' imprisonment, maximum of 7 years
• Class D felony: standard sentencing range of 4 to 10 years' imprisonment, maximum of 17 years
• Class C felony: standard sentencing range of 5 to 12 years' imprisonment, maximum of 19 years

Fines are up to the judge.

(N.C. Stat. §§ 15A-1340.17, 15A-1340.23 (2024).)

Getting Legal Advice and Counsel

If you're charged with prostitution or a related offense, contact a criminal defense attorney as soon as possible. An experienced attorney can help you navigate the criminal justice system and understand how your case may fare in court.