In Pennsylvania, a person commits a crime when they seek to hire a prostitute or another person to engage in sexual activity for compensation. Solicitation of prostitution can result in significant penalties, especially for an individual with prior solicitation convictions.
Understanding Solicitation Charges in Pennsylvania
Pennsylvania law makes it illegal for a person to solicit or “patronize” prostitutes. A person patronizes a prostitute when they hire a prostitute or another person to engage in sexual activity with them. A person may also commit the crime of patronizing prostitution by entering or remaining in a house of prostitution to engage in sexual activity.
The law defines “sexual activity” as including sexual intercourse and any touching on the sexual or intimate parts of an individual to gratify the sexual desire of either person. The law further defines a “house of prostitution” as a place where prostitution or promotion of prostitution regularly occurs by a person under the control, management, or supervision of another individual.
Penalties for Solicitation of Prostitution
Penalties for a conviction for solicitation of prostitution depend on the number of prior solicitation convictions a defendant has. A first or second conviction for solicitation constitutes a third-degree misdemeanor; a third offense constitutes a second-degree misdemeanor; a fourth or subsequent offense constitutes a first-degree misdemeanor. Maximum sentences for solicitation of prostitution include:
- Third-Degree Misdemeanor – Fine of $2,000, one year of incarceration
- Second-Degree Misdemeanor – Fine of $5,000, two years of incarceration
- First-Degree Misdemeanor – Fine of $10,000, five years of incarceration
The law imposes enhanced penalties on a person who solicits prostitutes while knowing of their HIV-positive status, increasing the grading of the offense to a third-degree felony that carries maximum penalties of $15,000 in fines and seven years in prison.
A person facing prosecution for solicitation of prostitution as their first criminal offense may have the opportunity to pursue alternative rehabilitative disposition, which may allow them to avoid a criminal conviction and the resulting consequences of fines, incarceration, and a criminal record. This approach recognizes that some individuals may have made a one-time mistake and could benefit more from rehabilitation than traditional punishment.
Defenses to Solicitation Charges
A criminal defense attorney can investigate and present defenses to a solicitation charge, such as:
- Lack of Intent – A defendant may contend that they did not intend to hire an individual to engage in sexual activity with them for some form of compensation.
- Entrapment – An entrapment defense involves arguing that law enforcement induced the defendant to engage in solicitation of prostitution when the defendant otherwise would not have solicited prostitutes.
- Sufficiency of Evidence – A defendant may contest a solicitation charge by arguing that the prosecution has presented insufficient evidence to prove every element of the statute beyond a reasonable doubt.
- Illegality of Law Enforcement Searches and Questioning – Defendants may also seek to exclude the prosecution’s evidence by arguing that investigators obtained the evidence through unlawful searches or questioning, including conducting a search without probable cause to support a warrant or exigent circumstances or questioning the defendant without advising them of their rights.
Contact a Criminal Defense Attorney Today
If you were arrested for solicitation of prostitution in Pennsylvania, get the experienced legal counsel you need to defend your rights and reputation. Contact Chieppor & Egner, LLC, today for a free, confidential consultation to discuss how our team can work with you to pursue a favorable resolution to your charges that protects your freedom and future.
