Soliciting Sex: Overview

Soliciting sex involves offering or requesting sexual acts in exchange for something, often money. Laws against solicitation aim to curb prostitution. Key elements usually include:

• Offer or request: An explicit proposal for sexual acts.
• Consideration: A payment, typically in the form of money, is expected in exchange for the sexual act.  
• Public nature: The act often occurs in a public place or through public means.

If you or someone you know faces solicitation-related charges, it’s crucial to consult with a criminal defense attorney immediately.

Soliciting Laws

All prostitutes and anyone involved in the prostitution business

• Prostitution (Section 18.2-346): Anyone who performs fornication, adultery, or any sexual act for money or who agrees to conduct such offenses for funds is guilty of prostitution and faces 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. 

Anyone who resides in or visits a bawdy place (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.

Harassment through computer

• According to Section 18.2-152.7, if a person uses a computer or a computer network to intimidate, coerce, or harass another person with the intent of communicating in a vulgar, lewd, profane, obscene, lascivious, or any other language of indecency to suggest or propose obscenity or intimidate any unlawful or immoral deed, that person is guilty of a class 1 misdemeanor. 
• A second offense of the same crime within ten years of the first will result in a Class 6 felony charge.

Indecent exposure

• According to Section 18.2-387, a person who intentionally exposes or displays himself/herself or his/her private parts in an open area or at a place where other individuals are present is guilty of a Class 1 misdemeanor. 
• The same applies to anyone who persuades another individual to expose themselves indecently in public or the presence of others. 
• This crime does not include nursing mothers.

Obscene sexual exposure

• According to Section 18.2-387.1 of the Virginia Penal Code, any individual who participates in actual sex in public or the presence of others to be viewed by others or openly stimulates themselves through masturbation will be charged with a Class 1 Misdemeanor. 
• Sexual gratification can be achieved through massage, touching, or exposing intimate body parts.  

Solicitation charges

A solicitation charge means someone has been accused of asking, offering, or agreeing to exchange something, typically money, for sexual acts, and this is a crime in most places.

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. 

Defending against solicitation charges

Defending against a soliciting sex accusation needs a thorough understanding of the law and the unique facts of the case. Possible defenses include:

• Lack of intent: Demonstrating that the accused did not intend to conduct the offense.
• Entrapment: Proving that law enforcement forced or persuaded the accused to conduct the crime.
• Insufficient evidence: The prosecution fails to present enough credible proof to support the charges against a defendant. Weak or circumstantial evidence may challenge this claim.  
•  Mistaken identity: In rare cases, a defendant may claim they were unaware of the illegal nature of their actions. 

Consult with an attorney who knows how to defend solicitation accusations. They can evaluate the case and devise the most effective defense strategy.

Why our Solicitation defense attorney

Our solicitation defense attorney is your strongest ally in fighting false accusations. With in-depth knowledge of the law and a proven track record, they will:

• Thoroughly investigate: Uncover inconsistencies and weaknesses in the prosecution’s case.
• Build a strong defense: Employ effective strategies like challenging evidence, proving entrapment, or demonstrating a lack of intent.
• Provide unwavering support: Guide you through the legal process, offering reassurance and advice every step of the way.
• Leverage understanding: Utilize their deep solicitation laws to protect your rights.
• Fight for your future: Work tirelessly to achieve the possible outcome, whether it’s dismissal, acquittal, or reduced charges.

Solicitation Prevention

While this information primarily focuses on defending against false accusations, it’s equally important to learn how to prevent situations that could lead to a solicitation charge.  

Key Prevention Tips:

• Avoid Ambiguous Conversations: Keep your communication simple and direct. 
• Limit Online Interactions: Exercise caution while engaging in online chats or discussions with strangers.
• Be Mindful of Surroundings: Be alert to your surroundings and who is around you, especially in public locations.
• Document everything: Maintain all exchanges, including messages, emails, and voicemails.
• Know the laws: Familiarize yourself with solicitation laws in your jurisdiction.

A soliciting sex charge is a serious accusation that can have severe consequences. If accused, it’s crucial to seek immediate legal counsel. A defense attorney can protect your rights, build a strong defense, and work towards an outcome. Remember, innocence is presumed until proven guilty, and you have the right to a fair trial. 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 seek legal advice and support, which can make a significant difference in rectifying a wrongful conviction and ensuring justice.