In New Jersey, the crime of “prostitution” includes acting as a prostitute, hiring or soliciting a prostitute, and other crimes of promoting prostitution (i.e. “pimping”). While this statute could be used to target the prostitutes and sex workers, it is more frequently used to punish “johns” who hire prostitutes and pimps who manage prostitutes.
Prison time, fines, and even placement on the sex offender registry are common consequences of convictions in solicitation of prostitution cases. Our lawyers may prove entrapment, show you lacked intent, or file motions to suppress evidence to get the charges against you dropped.
Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment from our Atlantic City solicitation of prostitution defense lawyers.
How Does New Jersey Define Solicitation of a Prostitute?
If you were arrested for soliciting a prostitute, it is important to understand the charges against you. New Jersey’s “prostitution” statute is very broad and applies to any actions surrounding prostitution, including the following:
- Soliciting or being a patron of prostitution;
- Promoting prostitution;
- Promoting prostitution of a child under 18;
- Promoting the prostitution of your child or another child you are responsible for;
- Forcing another into prostitution;
- Promoting prostitution of your spouse;
- Engaging in prostitution with someone under 18, remaining in a “house of prostitution” to have sex with someone under 18, or soliciting prostitution of someone under the age of 18; or
- Personally offering sex for something of value
The statute references “prostitution” multiple times, and carries its own broad definition of prostitution that covers many areas of conduct: “‘Prostitution’ is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.”
What is Promoting Prostitution in Atlantic City?
Similarly, “promoting prostitution” is also defined to include:
- Owning or running a brothel,
- Hiring prostitutes for a brothel,
- Soliciting someone to use prostitution services;
- Finding a prostitute for a patron;
- Bringing someone into New Jersey to be a prostitute;
- Knowingly leasing or renting a building to be used for prostitution.
Ultimately, most activities related to prostitution are covered under New Jersey’s general prostitution statute.
Penalties for Soliciting or Promoting Prostitution in Atlantic City
Different versions of prostitution, solicitation, or promotion carry various penalties for different specific details of the offense. These crimes range from disorderly persons offenses at the lowest to first-degree crimes at the worst, covering every level of crime in between.
First-Degree Crimes
The most serious, first-degree crimes of prostitution are those that involve promoting the prostitution of someone under the age of 18 or your own child. These are punished with 10-20 years in prison and fines up to $200,000.
This is the highest level of crime in New Jersey. Additionally, since these crimes are sexual crimes against minors, they may have additional penalties, such as additional fines, sex offender registration, and removal of child victims from your custody.
Second Degree Crimes
While prostituting a child under 18 is a first-degree crime, hiring, engaging in sexual activity with, or soliciting sex from someone under 18 is a second-degree crime. This is punished with 5-10 years in prison and fines up to $150,000. Again, since this is a sex crime involving a minor, it may have additional punishments like sex offender registration.
Third Degree Crimes
Prostitution charges are a third-degree crime for compelling another to engage in prostituting or for pimping your spouse. Promoting prostitution is also a third-degree crime if it involves owning the establishment, hiring prostitutes, encouraging prostitution, transporting prostitutes into New Jersey, or leasing the establishment. A third-degree crime is punished with three to five years in prison and fines up to $15,000.
Fourth Degree Crimes
Any other prostitution crime not specifically listed in the statute is a crime of the fourth degree. Additionally, any repeat solicitation offenses are upgraded from a disorderly persons offense to a fourth-degree crime. A fourth-degree crime is punished with up to 18 months in prison and fines up to $10,000 in New Jersey.
Lastly, if you solicited a prostitute using a motor vehicle, you can lose your driver’s license for 6 months.
Disorderly Persons Offenses
Simple solicitation of prostitution is actually the lowest level of offense, and is considered a disorderly persons offense. Disorderly persons offenses are like misdemeanors in other states, and are punished with under a year in jail. In New Jersey, the maximum punishment for a disorderly persons offense is 6 months in jail and a $1,000 fine. This penalty only applies to a first offense solicitation conviction.
What Are Common Defenses to Solicitation of Prostitution Charges?
Arguing entrapment or lack of intent may help you avoid a conviction.
Entrapment
One of the defenses people commonly try to raise in solicitation cases is the defense of “entrapment.” Entrapment is a very specific legal defense that is used against “sting” operations, where undercover cops allegedly pushed the defendant into committing the crime.
For an entrapment defense to work, you must prove that you did not have the criminal intent to commit the crime until the police got involved. If an undercover police officer offers prostitution services, and you accept, you may have already committed the crime of prostitution for agreeing to give money for sex. Legally, there is no defense because you did not actually have sex with the officer; the acceptance is sufficient.
Lack of Intent
Our lawyers may also argue that you lacked any serious intent to pay for sexual contact, and that the conversation was not literal or intentional whatsoever. Tone, subsequent statements, and other witness statements may prove a lack of intent.
Human Trafficking
The prostitution statute itself includes a very specific defense that applies to alleged prostitutes. If you were forced to enter into prostitution because you were a victim of human trafficking or otherwise forced into sexual acts, you cannot be found guilty of prostitution. This defense only applies to the prostitutes themselves who are charged with crimes, and will not typically protect a patron or a pimp/madam.
FAQs About Atlantic City Solicitation of Prostitution Charges and Defenses
Does Sexual Contact Have to Occur for a Solicitation Charge?
Solicitation is the act of attempting to purchase sexual activity, so no actual sexual contact needs to take place for charges to be filed in Atlantic City.
Can You Face Additional Charges?
Defendants often face additional charges on top of those for solicitation of prostitution, especially if sexual contact occurs or you allegedly transport a person to promote their engagement in prostitution.
What is the Average Bail in Solicitation of Prostitution Cases in Atlantic City?
There is no average bail amount for solicitation of prostitution charges in Atlantic City, though the amount is typically higher when charges involve a minor.
Should You Take a Plea Deal if You Are Charged with Solicitation of Prostitution?
Solicitation of prostitution is a sex offense, so you should not accept a plea deal until you know exactly what you are agreeing to plead guilty to and what the maximum consequences of that charge are. The prosecution can only suggest a sentence when they give a plea, and the judge doesn’t have to follow their suggestions.
Do You Need a Lawyer if You Are Arrested for Solicitation of Prostitution?
You should absolutely get a lawyer if you are arrested for solicitation of prostitution in Atlantic City, even if you are arrested based on a complete misunderstanding. Law enforcement might twist what you say or try to make you self-incriminate, which our lawyers can prevent by being present during all questioning.
When Does the Entrapment Defense Not Apply?
The defense of entrapment does not apply simply because the undercover cop offered sexual activity. If you were already likely to accept an offer of prostitution services, then an entrapment defense will not apply. This predisposition to commit the crime can be proved by your actions prior to accepting the police officer’s offer, including driving in an area known for prostitution, stopping to talk to the undercover officer, or carrying large quantities of cash.
Do You Go on the Sex Offender Registry for a Solicitation of Prostitution Conviction?
A conviction for solicitation of prostitution can get defendants placed on the sex offender registry in New Jersey, especially when defendants are convicted of solicitation of a minor.
Can You Get Solicitation of Prostitution Charges Dropped?
If the alleged victim fails to cooperate with the prosecution, it may be forced to drop the solicitation charges against you. Our lawyers may also motion to suppress certain evidence so it cannot be used against you, which might weaken the prosecution’s case.
Can You Get a Conviction for Solicitation of Prostitution Expunged?
Serious sexual offenses are typically ineligible for expungement in New Jersey. When solicitation is charged as a disorderly persons offense or fourth-degree crime, it may be expungable after five to ten years, respectively.
Our Atlantic City Solicitation of Prostitution Attorneys Can Help
Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review from our solicitation of prostitution defense lawyers.
