March 30, 2020 | Sex Crimes
What does it mean if you have been accused of solicitation of a prostitute? You know that you will face some penalties if you are convicted. However, could you be sentenced to jail time?
What is solicitation?
Prostitution and solicitation are two different crimes that are often grouped together. Prostitution is the act of performing sexual acts for money. The image that most comes to mind is prostitutes selling their services on the side of the road. However, it can also be considered prostitution when someone works for a high-end escort service or if someone independently sells sexual acts in their spare time.
Solicitation is a crime of fostering or encouraging someone else to commit a crime. Related to prostitution, it is the attempt to exchange sexual acts for money. There are two ways to be charged with solicitation. First, it is solicitation to offer sexual acts for money. This is true even if no one takes you up on the offer.
Second, it is a crime to offer to pay someone for sexual acts. You do not have to be offering this to a prostitute. It is solicitation to offer a stranger on the street money for sexual favors. However, this is rarely where this crime is seen. It is more common to be charged with solicitation of a prostitute. This what a person would be charged with if they were arrested while actively seeking out sexual acts from a prostitute.
Ohio laws on prostitution and solicitation
In Ohio, both prostitution and solicitation are illegal. Prostitution laws forbid several actions like sexual acts in return for money or services, pimping or pandering services, and child prostitution. The state defines what it considers sexual activity. Services for money that are prohibited include sex, oral sex, and sexual touching.
Solicitation is more commonly seen when offering money for sexual services. However, in Ohio, you can also be charged with solicitation if you also offer goods or return services. This could be asking for sex in exchange for jewelry or even offering free medical or other services if the person pays you with sexual favors instead of money.
Ohio also has stringent laws on people participating in solicitation who knowingly are HIV positive. Your charges will be greater if you either offer sexual favors or try to solicit sexual services from another and you know that you are HIV positive.
You can also be charged with loitering to engage in solicitation of a prostitute in Ohio. It is a crime to solicit in a public place to either perform or have others carry out sexual favors for you. This means beckoning others walking by, attempting to stop cars, or engage others in a conversation with the purposes of exchanging sexual favors for money. You can also be charged with this if you are the driver or passenger of a car and you stop to engage in a discussion with someone selling sexual services.
Can you go to jail for soliciting a prostate in Ohio?
The answer is yes, but probably not if this is your first time being convicted of the crime. That is not a guarantee and you could be sentenced to jail time for soliciting a prostitute in Ohio. However, especially if you are a first-time offender, you are more than likely to receive a fine and other punishments rather than jail time.
You will probably be charged with both crimes if the act of prostitution takes place as a result of the solicitation. As almost all prostitution starts with solicitation, it is highly likely that you will face both charges if an act of prostitution takes place. In general, this means that if you are charged with prostitution, you will also be charged with solicitation. However, it is possible to be charged solely with solicitation if no sexual acts take place.
In most cases in Ohio, solicitation of a prostitute is a third-degree felony. This carries with it penalties of a fine up to $500 or potential jail time of 60 days or less. The penalties are higher if a solicitation leads to an act of prostitution. For this, you could face a fine of up to $10,000 or a potential prison time of 5 years or less. First-time offenders should expect to at least pay a fine and possibly lose their driver’s license. They should also prepare themselves for the fact that they may spend some time in jail.