May 13, 2022 | Sex Crimes
Many people use the words “escorting” and “prostituting” interchangeably. However, when performed correctly, an escort may offer a legal service to a client. Unfortunately, many prostitution enterprises hide behind the word “escort.”
In short, prostitution is the exchange of sex for money or something else of value. On the other hand, escorting offers a person’s time and company in exchange for money or something else of value. For example, escorts may accompany a client to a business function, dinner, or other activity, but sex does not take place.
Under Ohio prostitution laws, you can go to jail for engaging in prostitution.
How Do Ohio Laws Define the Criminal Act of Prostitution?
Ohio Revised Code §2907.24 states that no one should knowingly solicit another person to engage in sexual activity in exchange for anything of value. Solicitation is the act of offering someone something of value to engage in sexual conduct with you.
Prostitution is the act of performing sexual acts for money or something else of value. Prostitutes are often charged under Ohio Revised Statute §2907.23. This statute makes it illegal to knowingly solicit or entice a person to utilize the services of a prostitute.
Ohio also explicitly makes it a crime to participate in solicitation or prostitution when you know you are HIV positive. The charges are more severe if you engage in sexual conduct in exchange for money when you have HIV.
What Are the Penalties for Prostitution in Cincinnati?
Most prostitution charges are misdemeanors. For example, soliciting a prostitute can result in a third-degree misdemeanor. The punishment is a fine of $500 or up to 60 days in jail.
Prostituting or procuring is a first-degree misdemeanor punishable by a $1,000 fine and up to 180 days in jail.
However, the charges and penalties for prostitution charges can increase significantly depending on the facts of the case. For example, being HIV positive or engaging in prostitution with a minor could result in felony charges. In addition, forcing someone to have sex for money could result in human trafficking charges.
What Is Escorting in Cincinnati?
An escort is paid for their time, not for sex. Escorting is not illegal if it does not involve sex. Some prostitutes try to avoid criminal charges by claiming they provide escort services. However, an agreement to have sex after the event is considered prostitution.
Escorts must be careful if they want to avoid prostitution charges. They should have clearly defined contracts with their clients. The contracts should be in writing.
Some escorts explicitly include language in the contract that states no sexual conduct is expected or offered as part of the escorting arrangement. The contract defines each party’s expectations and responsibilities.
What Should You Do if You Are Arrested for Prostitution in Cincinnati?
Repeat offenders could face severe criminal penalties for a conviction. Furthermore, you have a criminal record for prostitution, which could hurt your career and personal relationships. Therefore, if possible, you want to avoid a prostitution conviction.
Do not answer questions or make a statement to police officers. Instead, respectfully tell the police officers you are exercising your right to remain silent. Then, ask for a Cincinnati criminal defense lawyer.
The best way to fight prostitution charges in Ohio is to hire an experienced sex crimes lawyer. An attorney has the resources to investigate the criminal charges against you.
If your arrest involves police misconduct, the charges against you could be dismissed. Your attorney may file a motion to suppress evidence to have all evidence gathered as the result of an illegal police sting operation ruled inadmissible in court.
When it is impossible to have the prostitution charges dismissed because the prosecution has strong evidence proving guilty, a criminal defense lawyer negotiates to obtain the best terms for a plea agreement. A plea agreement might help you avoid severe punishments, including jail time.
Potential Defenses to Allegations of Prostitution
There could be one or more defenses to prostitution charges. Potential defenses include:
- Entrapment is a common defense used when law enforcement agencies have undercover officers acting as prostitutes, clients, or pimps.
- Your attorney might claim that you did not intend to engage in sexual conduct and that the situation was a mistake.
- The prosecution must prove each element of the prostitution charges. Your attorney may argue a lack of sufficient evidence to prove the charges.
- A lack of trustworthy evidence might be a potential defense when there is no verbal agreement to engage in sexual acts for compensation.
Do not assume that justice prevails. Even though you are innocent until proven guilty, the best way to protect yourself is to prepare a strong defense against prostitution charges.
Contact the Cincinnati Sex Crimes Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202