Prostitution is the act of engaging in sexual intercourse or sexual activity in exchange for something of value. Something of value could be money, services, goods or something illegal like drugs. Promoting prostitution doesn’t involve engaging in sexual intercourse or sexual activity for something of value. Instead, promoting prostitution involves any act done for the purpose of marketing prostitutes as available to engage in sexual activity or intercourse in return for something of value.
The Committing the Act of Promoting Prostitution
Promoting prostitution is a different, more complicated crime than prostitution. A person can be accused of promoting prostitution by committing an act that has nothing to do with engaging in sex or sexual activity. In fact, more than one act can be considered promoting prostitution. For instance, it can be aiding, or helping, a person engage prostitution. This may be done by giving a prostitute a place to have sex with their client.
Promoting prostitution can also be soliciting patrons to engage in sexual intercourse with the prostitute. For example, the accused tells people who aren’t looking for a prostitute that they are available. A person can be charged with promoting prostitution if they provide a prostitute for an individual to have sex with or engage in sexual activity. An individual can be accused of this crime if they have property frequently used for the purpose of prostitution.
Penalty for Promoting Prostitution Depends on the Jurisdiction
Prostitution is a misdemeanor. A misdemeanor is punishable by less than one year in county jail. However, promoting prostitution is generally a felony. A felony is punishable by more than a year in state prison. If a state deems promoting prostitution as a misdemeanor. The offense may increase to a felony depending on the degree and/or number of prior convictions the individual has for promoting prostitution. For example, a person accused of this crime can have two prior convictions of promoting a prostitute. Typically, the crime would be a misdemeanor in their state. However, because of the prior convictions it is a felony charge. The time in prison or the charge would increase if a minor was the prostitute being promoted.
Defenses to Promoting Prostitution
Prosecutor must show the accused committed the crime by proving each element of the promoting prostitution statute. For instance, they must show the accused tried to advertise a prostitute was available to engage in sexual activity or sexual intercourse in exchange for something of value.
The accused has the right to defense themselves using a defense for promoting prostitution such as attacking the elements of the case. This means showing the court they didn’t know they were promoting a prostitute or in the wrong place at the wrong time. Many defenses are available such as alibi or prosecutorial overreach. Prosecutorial overreach happens when a prosecutor tries to secure a conviction by trying to mislead the court about evidence.
Consult a Criminal Defense Attorney about the Crime of Promoting Prostitution
Prostitution-related offenses are taken seriously every state. This doesn’t mean the accused is automatically guilty of the crime. It’s important to consult a criminal defense attorney to determine which defense is best to use. Specific defenses are picked according to the facts of the case.
Once a criminal defense attorney is hired, they will contact will the prosecutor and work to get the case dropped, reduced or a plea deal. They will also work on building a defense in case the case goes to trial.
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