Prostitution Laws in Ohio

Ohio's prostitution laws cover a wide range of conduct. While acts of prostitution are generally misdemeanors, most other prostitution offenses—such as promoting or compelling—are felonies. The harshest penalties apply for offenses involving prostituted children.

Is Prostitution Legal in Ohio?

No. Prostitution and related offenses are not legal in Ohio. State law prohibits prostitution, and cities and towns may also have ordinances criminalizing prostitution.

Ohio Prostitution Laws and Penalties

Ohio, like many states, prohibits and penalizes prostitution offenses committed by those who:

• work as a prostitute
• solicit or hire a prostitute
• procure a prostitute for a patron or business
• compel another to work as a prostitute, or
• profit from someone who's working as a prostitute (promoting).

Below we review these offenses and their penalties.

What Are Ohio's Penalties for Prostitution?

Most prostitution offenses are misdemeanors of the third degree. These crimes include:

• engaging in sexual activity for hire
• soliciting someone to pay for sexual activities, or
• loitering in public to solicit customers for sexual activities.

Sexual activities include sexual intercourse, oral and anal sex, and sexual touching to arouse or gratify either person.

Third-degree felony penalties apply if the prostitute commits one of these offenses having tested positive for HIV.

(Ohio Rev. Code §§ 2907.01, 2907.24, 2907.241, 2907.25 (2024).)

What Are Ohio's Penalties for Patronizing a Prostitute?

A "john" (or customer) who agrees to pay for sexual activities commits a first-degree misdemeanor for "engaging in prostitution." This offense requires a prosecutor to prove the offender recklessly induced, enticed, or procured another to engage in sexual activity for hire. Upon a conviction, the judge must require the offender to attend "john school" to learn about victims of prostitution, trafficking, and related issues.

A john can also be convicted of soliciting a prostitute or loitering in a public place to solicit a prostitute. These offenses don't require proof of inducement, enticement, or procuring. A conviction carries third-degree misdemeanor penalties.

If a person has tested positive for HIV and solicits another for sex, the crime becomes a felony of the third degree.

(Ohio Rev. Code §§ 2907.231, 2907.24, 2907.241 (2024).)

What Are Ohio's Penalties for Procuring a Prostitute?

In Ohio, a person commits the crime of procuring a prostitute by:

• enticing or soliciting someone to patronize a prostitute or brothel
• procuring a prostitute for a customer or taking the customer to the prostitute, or
• allowing their premises to be used for prostitution purposes.

Procuring crimes are misdemeanors of the first degree, unless the offense involves a child. Procuring a prostitute younger than 18 carries felony penalties. An offense involving a child younger than 16 is a felony of the fourth degree, and mistake of age is not a defense. It's a felony of the fifth degree if the child is 16 or 17.

(Ohio Rev. Code § 2907.23 (2024).)

What Are Ohio's Penalties for Promoting Prostitution?

Promoting prostitution involves:

• operating, managing, or supervising a brothel or establishment that caters to prostitution activities
• supervising or controlling the activities of a prostitute (pimping), and
• transporting or arranging transportation for prostitution activities.

Penalties for promoting prostitution vary depending on the defendant's criminal history and the age of the victim.

Promoting prostitution of a minor is a felony of the third degree. (Mistake of age isn't a defense). Repeat convictions carry second- and third-degree felony penalties. All other promotion offenses are felonies of the fourth degree.

(Ohio Rev. Code § 2907.22 (2024).)

What Are Ohio's Penalties for Compelling Prostitution?

A person commits the crime of compelling prostitution by:

• compelling a person to engage in sexual activity for hire, or
• knowingly inducing, procuring, or requesting a minor or person believed to be a minor to engage in prostitution, or
• paying or agreeing to pay a minor (directly or indirectly) to engage in prostitution.

The term "compel" means to overcome a victim's will by force, fear, duress, intimidation, or drugs.

Compelling prostitution carries felony penalties—first-, second-, and third-degree felonies. The harshest penalties apply to compelling prostitution of a minor younger than 16. Mistake of age isn't a defense for these crimes.

(Ohio Rev. Code § 2907.21 (2024).)

Penalties for Prostitution Offenses in Ohio

As seen above, Ohio has a wide range of penalties for prostitution offenses, ranging from a third-degree misdemeanor to a first-degree felony.

• A conviction for a misdemeanor can mean jail time of 60 to 180 days and fines of up to $1,000.
• Felonies of the third, fourth, and fifth degrees generally carry possible prison sentences ranging from 6 to 36 months. Maximum fines range from $2,500 to $10,000.
• First- and second-degree felonies carry much harsher penalties, including minimum sentences. These penalties can range from 2 to 16 years of prison time and fines up to $20,000.

A defendant with a criminal history could face harsher penalties.

School Safety Zone Add-On

A person convicted of a felony prostitution offense committed in proximity to a school can have one to 12 months of incarceration tacked on to their prison sentence. The add-on sentence can be up to 60 or 120 days for misdemeanor offenses committed near a school safety zone.

Instead of the add-on sentence, a judge can order electronic monitoring of the offender.

Infectious Disease Testing

A victim or the prosecutor can request that a person charged with a prostitution offense submit to sexually transmissible infection testing, including HIV.

(Ohio Rev. Code §§ 2907.27, 2929.14, 2929.24, 2941.1421 (2024).)

Talk to a Lawyer

If you're facing charges for a prostitution-related offense, contact a criminal defense attorney. An attorney can explain the charges, review the potential consequences, and defend your case.