Solicitation is one of the laws that applies to prospective prostitution clients. Prostitution is illegal throughout the state, and all involved parties may be subject to prosecution. If you seek to purchase sex in exchange for money or goods, you may be charged with solicitation.
The criminal consequences for solicitation, particularly for a first offense, are often minimal. Most first offenders will get probation. However, if the sex worker is underage, the potential consequences can be much more severe regardless of whether you knew that at the time of the offense. Solicitation charges can damage your reputation, ruin your relationships, and threaten your professional life.
A Doraville solicitation lawyer understands that the best resolution to a solicitation charge is to make it go away as quickly as possible. Avoiding a conviction, especially for a sex crime, is the ultimate goal. Fortunately, for many offenders, a knowledgeable criminal defense attorney may be able to get deferred adjudication, which will keep you from having a sex crime conviction on your record.
Georgia Code Annotated § 16-6-12 describes solicitation and pandering. A person commits the crime of pandering when they solicit a person to perform an act of prostitution on their behalf. Solicitation can be personal, such as an individual seeking sex acts from a sex worker or solicitation on behalf of another person, known as pandering.
The crime of solicitation does not require an underlying sex act. As long as a person discusses costs and services with a sex worker or someone marketing a sex worker, it is a criminal offense. No exchange of money or services is needed.
From a law enforcement perspective, this detail in the law is crucial. It allows the police to set up sting operations that can trap people for discussing purchasing sexual acts from people, even if those people never go further than discussing the acts. However, the discussion cannot be theoretical; the state has to prove that a defendant had the intent to commit the act.
One of the most important reasons to contact a Doraville solicitation attorney as soon as possible is because of the intent requirements of the law. Unless money changed hands, proving intent can be challenging for the prosecution. Not speaking to them until a defendant has had an opportunity to talk with an attorney is one of the best ways to keep from accidentally confessing to the crime.
Solicitation is a misdemeanor of a high and aggravated nature, which means that the potential penalty is a fine of up to $5,000 and up to a year in jail. If the sex worker was a minor or the defendant had reason to believe the sex worker was the victim of sex trafficking, then solicitation is a felony offense. The potential penalties for those offenses are much more significant: five to 20 years in prison, and a fine of up to $10,000.
Other factors can also influence the potential punishments for prostitution. The fine increases if the solicitation occurred within 1,000 feet of a child-oriented place like a school, church, daycare, or playground.
Convicted defendants must submit to a test for sexually transmitted diseases. When the defendant is married, the state shares the test results with the spouse. So, even if a defendant has kept their spouse from hearing about the charges, a conviction will lead to their spouse getting notice.
Another potential consequence is that the state will seize the vehicle used during the act of solicitation. A Doraville solicitation attorney can help with civil forfeiture and criminal charges.
When you face solicitation charges, your life could turn upside down. The more quickly you resolve the charges, the more time and energy you can devote to fixing those other areas of your life. However, you never want to compromise speed for the correct result. Too much is at risk in your professional and personal life to agree to a plea to reach a quick resolution.
A Doraville solicitation lawyer can help you understand all of your potential remedies. Schedule a consultation to learn more.
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