If you’re convicted of an offense related to prostitution or solicitation, you face a number of serious potential consequences that may include:
- A jail or prison sentence
- Expensive fines and court fees
- Forfeiture of your vehicle if it was involved in an act of prostitution
- A permanent criminal record
- The embarrassment and stigma of a sex-related conviction
- Possible loss of your job when your employer finds out about your conviction
- Depending on the charge and the circumstances, you may be required to register as a sex offender
A charge of prostitution or offering to engage a prostitute can be embarrassing and stressful. In addition to the possibility of jail time or fines, you may be worried about how other people will perceive you when they find out. If you have a spouse or a romantic partner, you may be worried how your charge will affect your relationship when your partner finds out.
If you or a family member has been charged with prostitution or solicitation, an experienced Michigan criminal defense lawyer can help fight the charge. A good lawyer may be able to get the charge dismissed, convince a jury to return a “not guilty” finding, or get the charge reduced to one that carries less serious consequences — and less personal embarrassment.
What are Prostitution, Solicitation, and Offering to Engage?
Michigan law has a few different statutes under which you might be charged as a prostitute or the customer of a prostitute, often referred to as a “john.”
Prostitution or solicitation essentially involves accepting money in exchange for sexual favors. Section 750.448 of the Michigan Penal Code breaks down the crime of prostitution and solicitation as follows, and prohibits anyone over 16 from:
- Using a word, gesture, or other means
- To accost, solicit, or invite another person
- Into or from a public place, building, or vehicle
- To commit prostitution or any other lewd or immoral act
Because of the way the statute is worded, either a prostitute or a customer could be charged under 750.448, depending on the circumstances and who initiates the transaction. However, a customer also could be charged under Section 750.449a, the “offering to engage” statute. This law basically makes it a crime to offer money or anything else of value to someone who is not your spouse for sexual favors.
A further law that could be used to charge someone with prostitution is Section 750.449. This statute makes it a crime for anyone over 16 to admit someone else, or offer to admit them, into a house, car, building, or other structure for the purpose of prostitution.
Prostitution, solicitation, and offering to engage are misdemeanor crimes in Michigan. If you’re convicted, you may be sentenced to:
- Up to 93 days in jail
- A fine of up to $500
The penalties increase for a second misdemeanor prostitution, solicitation, or offering to engage conviction to:
- Up to 1 year in jail
- A fine of up to $1,000
However, the crime of prostitution may be a felony when if you have two or more prior convictions. When prostitution is a felony, a conviction can result in:
- Up to 2 years in prison
- A fine of up to $2,000
It’s possible that the penalties you face may be even more severe. A recent ruling by the Michigan Supreme Court said that it’s up to judges to decide penalties that are “reasonable” for a conviction. Because of that ruling, judges are no longer confined to the penalties detailed in Michigan statutes that were created by the state Legislature.
Whether it’s your first prostitution or solicitation charge, or if you have prior convictions on your record, the help of a good Michigan sex crimes defense attorney may help you to avoid serious consequences that can affect your life for years to come.
