Is Prostitution a Felony: Overview

Prostitution laws vary by jurisdiction. Prostitution is considered a misdemeanor in many countries, but it can even be a criminal elsewhere. If accused, you must grasp the applicable laws in your location and seek prompt legal help. A prostitution conviction could result in fines or imprisonment. Building a sturdy defense is critical to protecting your rights and reputation.

Felony vs Misdemeanor

A felony is a serious crime that can result in imprisonment for more than a year. These are the most serious crimes and can carry fines and other consequences. Murder, rape, robbery, and arson are all felony offenses.

A misdemeanor is a less solemn crime punishable by no more than a year in prison. These infractions are often punishable by fines, probation, or brief jail terms. Misdemeanors include theft, vandalism, and driving while intoxicated (DUI) without causing an accident.

Distinctions between crimes and misdemeanors:

• The severity of the crime: Felonies are more solemn than misdemeanors.
• Potential punishment: Felonies usually result in harsher prison terms and higher fines.
• Impact on life: A felony conviction has more solemn long-term ramifications than a misdemeanor, limiting job, housing, and other options.

Prostitution Felony Offenses

Prostitution is a misdemeanor, but related criminal activities can elevate charges to felony status. These often include:

Exploitation or trafficking

• Commercial Sexual Exploitation of a Minor (CSEC): This is a serious offense involving the coercion, kidnapping, or sale of a minor for sexual purposes.
• Human trafficking: This phrase refers to different types of exploitation, including sexual exploitation, and is always a felony.

Organized crime

• Pandering: This entails obtaining a person for prostitution within the context of organized crime.

• Operating a Prostitution Ring: Having a brothel or other organized prostitution organization is usually criminal.

More severe situations

• Prostitution Involving Drugs: Drug involvement can escalate prostitution charges from a misdemeanor to a felony. 
• Prostitution and Violence: Acts of violence associated with prostitution can lead to felony charges.

Prostitution laws

If you are facing allegations of prostitution, contact a criminal lawyer and understand the Prostitution laws to take the necessary steps.

1) Prostitution; Commercial Sexual Conduct ( Section 18.2-346)

This section covers two crimes:

• Prostitution(Section 18.2-346(A)): Prostitution occurs when an individual performs sexual activities for money or an equivalent (e.g., drugs) or offers to do sexual acts for money or an equivalent. This crime is a Class 1 misdemeanor.
• Solicitation of prostitution (Section 18.2-346 (B): If a person offers money to another person in exchange for sexual activities and subsequently acts on the offer, the individual is guilty of solicitation of prostitution, a Class 1 misdemeanor. 
• Section 18.2-346(B)(I): If an individual solicits prostitution from a minor who is at least 16 years old, the crime solicitation of prostitution is considered a Class 6 felony. 
• Section 18.2-346 (B)(ii): If an individual solicits prostitution from a minor under the age of 16, the crime solicitation of prostitution is considered a Class 5 felony. 

2) Keeping, Living in, or Visiting Bawdy Places (Section 18.2-347)

• If a person keeps, resides in, or attends a brothel for immoral purposes (e.g., prostitution), the person is committing a Class 1 misdemeanor.

3) Aiding Prostitution or Illicit Sexual Intercourse (Section 18.2-348)

• If someone knows or should know takes someone to any location for the immoral purpose of prostitution, that person is guilty of facilitating prostitution, a Class 1 misdemeanor.

4) Using Vehicles to Promote Prostitution (Section 18.2-349)

• A person commits a Class 1 misdemeanor if they knowingly use or permit their vehicle to be used for prostitution or to facilitate prostitution.  

5) Taking, Detaining, or Confining a Person for Prostitution (Section 18.2-355)

An individual is guilty of taking, detaining, or agreeing to prostitution if they do any of the following: 

• Takes someone into, or forces someone to enter, a “bawdy place” or takes a person to any place against their will for prostitution or;
• Takes or detains someone against their will to force or coerce the person into marrying the individual or another person, to defile the victim, or;
• A person who is the victim’s father or guardian and consents to or approves of the victim’s seizure or detention for prostitution is to have facilitated prostitution. 

This crime is considered a Class 4 felony.

6) Receiving Money for Procuring a Person for Prostitution (Section 18.2-356)

• If an individual obtains money or something of value in exchange for someone or places that person in a bawdy house, brothel, or other location for prostitution.
• The individual is of a class 4 felony. 

7) Receiving Money From Earnings of Prostitute (Section 18.2-357)

• If an individual gets money or anything of value from a prostitute’s earnings while knowing the source, the individual is guilty of pandering, which is a Class 4 felony.

Legal Penalties for felony prostitution 

If a person is found guilty of: 

Class 1 misdemeanor

• 12 months in jail
• A Fine of up to $2500

Class 6 felony

• A sentence of one to five years in prison is possible for this offense. However, the court or jury may impose a lesser penalty of up to twelve months in jail and a fine of up to $2,500. 

Class 5 felony

•  A maximum penalty of ten years in prison is possible for this offense. However, the court or jury may choose a lesser sentence of up to twelve months in jail and a fine of up to $2,500. 

Class 4 felony 

• Two to ten years in prison
• A fine of up to $100,000 

Consequences of felony prostitution

A felony prostitution conviction has significant consequences. Possible outcomes include:

• Significant jail time: The length of the sentence varies by jurisdiction, although it can be severe.

• Heavy fines: Money penalties can be debilitating.

• Criminal record: A felony conviction can severely and lastingly hinder one’s ability to find employment, secure housing, or pursue higher education. 

• Social stigma: False charges can harm reputations and relationships.
• Loss of custody: Parents may lose custody of their children.

It is critical to recognize that these are potential consequences, and their severity can vary depending on individual situations and local laws. If accused, you should seek quick legal representation to defend your rights and vindicate your name.

Building a Defense Against Accusations

Developing a defense against false claims necessitates a multifaceted approach that includes legal knowledge, evidence collection, and strategic planning. 

Key features include:

Immediate Legal Counsel:

• Seek immediate legal counsel with a criminal defense attorney. An attorney can help you navigate the legal system, safeguard your rights, and create an effective defense strategy.

• Avoid self-incrimination: Do not speak with police or prosecutors without legal assistance.

Gather evidence:

• Preserve evidence: Collect any proof to prove your innocence, such as text messages, emails, or social media posts.
• Establish an alibi: Document where you were during the claimed occurrence.
• Identify the witnesses: Gather contact information for persons who can confirm your alibi or give other pertinent information.

Challenge the Accusation:

• Question the accuser’s credibility: Look for contradictions in the accuser’s account or evidence of motive to make false claims.
• Expose false or misleading information: Disclose inaccurate or misleading information. Identify any errors or fabrications in the prosecution’s case.

Create a strong defense strategy:

• Identify possible defenses: Consider legal defenses such as mistaken identity, alibi, or a lack of proof.
• Create a captivating narrative: Create a clear and convincing story to prove your innocence.

• Prepare for the trial: If the matter gets to trial, be prepared to present a strong defense.

Consider Additional Legal Remedies:

• Malicious prosecution: If the charges against you are dropped or found not guilty, you may consider pursuing legal action against the accuser for making false accusations.  

How does our attorney help with a Prostitution accusation

A criminal defense attorney can help you defend against a prostitution accusation. Here’s how they can help:

Understanding The Charges

• Clarify the exact charges: Identifying if the charges are for prostitution, solicitation, or a related violation.
• Explain the possible penalties: Understanding the seriousness of the charges and the potential consequences.

Developing a Strong Defense

• Investigating the Case: Collecting evidence to establish the client’s innocence.
• Identifying Potential Defenses: Consider options such as mistaken identity, entrapment, or a lack of evidence.
• Challenging the prosecution’s case: Finding flaws in the prosecution’s evidence or arguments.
• Negotiating with the prosecutor: Seeking a plea bargain or firing of the charges.
• Preparing for trial: If required, devise a solid trial strategy.

Protecting Your Rights

• Legal rights advice entails ensuring the client understands their rights at all stages of the legal procedure.
• Protection from self-incrimination is preventing the client from making incriminating statements.
• Representing the client in court is advocating for the client’s interests.

Minimizing Damage

• Mitigating the impact: Assisting the client with the emotional and reputational effects of the charge.
• Exploring post-conviction relief: Investigating post-conviction relief: Taking steps to clear the client’s name if convicted.

Final thoughts

Is prostitution a felony? While prostitution itself is often a misdemeanor, related activities can constitute felonies. Accusations of prostitution can have devastating consequences, including legal, financial, and emotional repercussions. Understanding the Felony charges for prostitution and building a sturdy defense is crucial. If accused, seek immediate legal counsel. An attorney can protect your rights, investigate the case, fight for your innocence, and reduce Prostitution felony offenses. With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Contact us to develop legal support tailored to your circumstances.