Solicitation of prostitution is a crime that can be lodged against someone who is accused of paying for sexual services. Unfortunately, many people facing sex crime offenses in Ohio suffer from harm to their career and reputation simply based on an accusation.
If you are facing charges for solicitation of prostitution, your best chance to successfully defend yourself against these charges is to work with an experienced criminal defense lawyer in Cincinnati who understands these charges and how to beat them.
The Wieczorek Law Firm offers a free case review to discuss your legal rights and options. Contact us to learn more.
What Is Solicitation of Prostitution?
Under Ohio law, it is illegal to knowingly and for financial gain entice or solicit another to patronize a prostitute or brothel or procure a prostitute for another. Notably, this charge can result even if there was no sexual act performed because the crime is in conducting a transaction for the purposes of prostitution.
Penalties for Solicitation of Prostitution in Cincinnati
Ohio’s law for solicitation of prostitution provides various penalties for this offense that depend on various factors, including:
- The age of the prostitute – Solicitation of a prostitute age 18 or older is a third-degree misdemeanor. Soliciting a person age 16 or 17 is a fifth-degree felony. Soliciting someone under age 16 is a third-degree felony.
- Knowledge of age – If the offender knew the prostitute was 16 or 17 or was recklessly unaware of their age, they can face harsher penalties. It doesn’t matter if the defendant knew the prostitute was underage if they were 15 or younger, the law presumes they knew.
- Whether the prostitute has a developmental disability – If the prostitute has a developmental disability, penalties are stiffer. Soliciting a prostitute with a developmental disability is a third-degree felony.
- If the offender has a positive HIV test – If the offender knows they have tested positive for HIV, they can be charged with a second or third-degree felony.
These crimes are punished as follows:
- Third-degree misdemeanor – Up to 60 days in jail, a fine up to $500
- Fifth-degree felony – Six months to a year in jail, a fine up to $2,500
- Third-degree felony – One to five years in jail, a fine up to $10,000
- Second-degree felony – Up to eight years in jail, a fine up to $15,000
Possible Defenses to Solicitation of Prostitution
There may be several defenses that you can raise to solicitation charges, including:
- The prosecution failed to meet the burden of proof – The prosecution has the duty to prove every element of the crime by proof beyond a reasonable doubt. If the prosecution fails to meet this burden, you cannot be convicted.
- Misunderstanding – You may have thought you and the other party were simply engaging in a social or sexual interaction without any consideration for money.
- Entrapment – Sometimes, solicitation charges result after a law enforcement officer pretends to be a prostitute. You may not have even considered engaging with them but they may have been extremely pushy to get you to commit a crime.
An experienced solicitation lawyer can evaluate your case and determine which defenses apply.
Contact Our Cincinnati Solicitation of Prostitution Lawyers
If you are facing any type of sex crime charge, it is critical that you work with a Cincinnati sex crimes attorney who is experienced in handling these types of cases. Contact The Wieczorek Law Firm at (513) 317-5987 for your free case review.