Solicitation of Prostitution
Paying or attempting to pay money in exchange for sexual acts is a crime throughout most of the counties and states in the U.S. The only state to legalize prostitution is Nevada, and it is only allowed in certain counties in the state, under strict regulations. While specific definitions of solicitation of prostitution (also simply called "solicitation") will vary depending upon the state, the general definition is the offering of money for sexual acts or actually paying money for sexual acts. In some areas, simply offering money for sex or attempting to persuade another into performing a sexual act for money may be classified as solicitation of prostitution.
Solicitation of prostitution is typically charged against a client or would-be client of a prostitute. Depending on the jurisdiction, a defendant may face solicitation charges simply for offering money in exchange for sexual activity, even if the actual exchange did not take place.
Solicitation cases sometimes bring about questions of entrapment. If an undercover law enforcement officer poses as a prostitute and is approached by a person who offers money for a sexual act or acts, the undercover officer may make an arrest for solicitation. It may be possible for entrapment to be used as a defense in a case of this kind, as the defendant could argue that he or she would not have broken the law if he or she had not been tricked by the undercover officer. The defense may need to prove in this scenario that the defendant had never committed an act of this kind in the past and was not predisposed to commit it.
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