Featured News 2011 Define the Law: Prostitution

Define the Law: Prostitution

The Super Bowl is a time of celebration with friends; many people get together in hopes that their team will be the victor as barbecues and friends come together in one exciting event. Yet in Texas, this time of the year also means that police officers will be under heavy duress with human trafficking and prostitution crimes. With this big sport's event, there are more than 40,000 prostitutes who come in hopes of business; most of these people who are involved in this 58 billion a year industry are younger than 18-years-old.

In most states, prostitution is illegal; this means that any transaction, agreement, or offer, from a middleman, solicitor, or a prostitute will be subject to punitive action should an official catch the soliciting of these proceedings. In Texas, prostitution will most likely result in a misdemeanor, and most police officers usually act first before asking questions. Sometimes prostitution can result in multiple charges of sex crimes, which can even turn into felonies. Arresting a prostitute can be referred to as a "John" case. Sometimes, arrests can be made from an error in judgment or by a police officer. Due to this, it is important to seek the proper legal advice since prostitution can lead to these unpleasant consequences:

  • Jail time;
  • Monetary fine fees;
  • Public mug shot pictures publicized on billboards; and
  • Damages to family, friends, and career relationships

Also according to Texas law, there are two ways in which a law enforcement officer may arrest in a typical prostitution scenario: one includes a prostitute offering to engage in sexual conduct for compensation. The second act can be committed by a person not planning to engage in sexual promiscuity, but rather soliciting it by hiring someone to engage in sexual activities for compensation. 20 percent of prostitutes are men, while the other 80 percent are women; people who end up in the prostitution trade often cited reasons as feeling unwanted in their family, poverty, or abuse as children. Also, 60 percent of those who ran away as children became prostitutes, and 40 percent of former children who were once prostitutes were unlawfully coerced into becoming one.

Those who are arrested for prostitution can include solicitors, customers, or prostitutes. According to one source, 10 percent of clientele are arrested, while 70 percent of females and 20 percent of males are arrested. If convicted of prostitution, incarceration costs around $2000 for each case and in the nation, cities spend about $7.5 million on these arrests. In New York, when a 21-year-old coerces or even convinces a person to engage in sex trafficking when they are 16 years of age or younger, they can face punitive actions in the form of a class B felony. In New York, class B misdemeanors can result in fines from $500 to three months in prison. If you have been charged with prostitution it is important to consider these defenses in your trial; defenses such as having a watertight alibi, arguing that you were under the influence of alcohol and / or drugs and pleading insanity may be able to get you exonerated from a misdemeanor or felony charge depending upon which state you were accused of this crime.

If you have an alibi, then the crime in question can be disproved by a reliable witness who may prove that you were with them, or that they saw you during the time that you were said to be elsewhere. Only a couple of states allow an under the influence plea, but if you were under the influence, chances are that you were not in a proper mindset in order to understand the actions that were taking place or understand them coherently if they did happen. One source defines an insanity plea as not being able to comprehend right from wrong; someone who is declared insane has to undergo psychiatric tests before this defense can be used. If you believe that one of these defenses will acquit you it is not too late to seek legal counsel or ask an informed person if this might be the best defense for you.

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