Laws governing acts of prostitution are violated when a defendant willingly engages in sexual intercourse or a lewd act in exchange for money or other compensation. Both prostitutes and their customers (Johns) can violate this law.
A defendant can also be found guilty of prostitution simply for agreeing to engage in prostitution if: the defendant agrees to engage in sex for money with someone else; the defendant really intended to do so; and the defendant took some action beyond merely agreeing.
Solicitation occurs when: a defendant requests that another person exchange sex (or a lewd act) for money; the defendant intended for the act to happen; and the other person was aware of the request.
Loitering with the intent to commit prostitution occurs when: the defendant has delayed or lingered in a public place; he or she did not have a lawful purpose for essentially hanging out; and the defendant was intending to commit prostitution. There are all kinds of behaviors to be taken into consideration when determining if someone was loitering or soliciting for prostitution (walking around in skimpy clothing, flagging down customers, circling the block in your car repeatedly, etc.).
Pimping occurs when it is shown that the defendant knew another person was a prostitute (engages in sex for money or other compensation); and the money earned by the prostitute financially supported the defendant in whole or in part.
Pandering occurs when it is shown that the defendant persuaded or procured another person to be a prostitute by use of promises, threats, or violence.
Prostitution, solicitation, and loitering are all misdemeanors and the penalty if convicted is up to six months in county jail and/or a $1,000 fine.
Pimping and pandering are both felonies, and although not strikes, they do carry a significant amount of time in prison. If convicted of pimping generally, you face 3, 4, or 6 years in prison, while pimping a prostitute under the age of sixteen carries upwards of 8 years in state prison.
Pandering carries similar penalties as pimping. Up to six years state prison for general pandering, up to eight years prison for pandering a recruit under the age of 16. Both pimping and pandering defendants can potentially be placed on probation; there is no law against it.
County Jail or State Prison
A criminal record (which may or may not be later expunged, reduced, or dismissed)
Fines and Fees involving hundreds or even thousands of dollars
Sex education classes (your time and money)
Counseling (your time and money)
Community service or work (your time and money)
AIDS testing (your time and money)
May affect current job, future employment or professional license
May affect child custody and visitation arrangements
SEND IN YOUR CASE
When a person is accused of being a pimp or a prostitute, the main defense issues are uncooperative witnesses, witness credibility, lack of evidence, and entrapment (when the cops get too overzealous).
Police officers often go undercover in these cases, either as Johns or as prostitutes. If you have seen MSNBC, you know how far they can go pretending to be little girls, etc.
With prostitution and pimping cases, you need an experienced, skilled, and aggressive attorney like Tracy Grayson handling your case. Mr. Grayson will thoroughly review, investigate and prepare your case, interview prosecution and defense witnesses, obtain additional discovery, research complexities in the law, prepare motions, aggressively fight for your freedom in court, and make certain that we do everything possible to win your case.
Tracy Grayson is the recognized go-to lawyer for prostitution and pimping cases. Mr. Grayson has an outstanding settlement track record regarding these types of cases (which rarely result in a trial). The overwhelming majority of his clients have been granted probation with no jail time. The worst outcome has usually been that the client had to go to an education program, take an AIDS test, perform community service and/or pay a fine.
Online prostitution has become very popular in the last decade and law enforcement is well aware of this fact. If you are charged with a pimping or prostitution case, be aware that your online ad(s) and/or activity may become evidence and play a central role in your case. Although Craigslist shut down its adult services section in 2010, there are many other online escort, dating and massage services people utilize, for example, backpage.com, from which the prosecutor and law enforcement may be able to subpoena evidence and use it against you in court.