Soliciting a Prostitute Charge Despite No Mention of Sex

[Catey716]

Blue eagle ~ Thank you so very much for your help! I will have him call first thing Monday morning!!

[BOR]

does anyone know what the possible punishment is for a first time offense like this? In case he still wants to plead guilty to just "get it over with", which i don't agree with but...

He is charged with a violation of section 1029: Statutory penalty flexibility:


http://www.oscn.net/applications/osc...p?CiteID=69528

In my mind, although probable cause exisits for an arrest, it is somewhat weak.


As per your intial post, to say one is "dating" or if asked if they are "dating" and answer yes, is street vernacular for sex for hire, etc., and acceptable in many jurisdictions/courts as such an intention.

Customers sometimes skirt intent by NOT mentioning sex acts and so the courts have applied the jargon of the trade as proof of intent. I am NOT saying this was his intent though at all.

He was approached by the officer, he did not approach her, after she said what was town life like, he mentioned as casual assocation, dinner and movies. NOTE: The state will proffer this as intent to solicit a sex act, as the defintion of prostitution includes not only money, but:

"in exchange for money or any other thing of value;

If he pleads not guilty and is indigent, by affidavit, the court will appoint a public defender.

The undercover was no doubt wired for sound, and probably video also, so there can be no mistake on what he asked to engage in her companionship.

He has to make a decision on how to plead.

If I were on this jury and no surprises happened in court, I may vote to nullify the state's case. In my mind the dialogue that took place is NOT proof "beyond a reasonable doubt" to convict, which the US Constitution requires, Jury or Bench trial. Likelyhood of guilt will not cut it.

If the state wants to nail solicitors, let them have a fairly airtight case on arrest.


As I said, an arrest only requires probable cause, the police are not bound by a courtroom standard/burden of proof, but in this case, I "personally" find the case weak. This does not mean a Judge or Jury will of course.

[aaron]

I would expect that the police have an audiotape of the conversation which occurred in the car, and a videotape of what happened in the hotel room. His lawyer can help him obtain any recordings if he wishes to contest the charge.