Understanding Prostitution Laws

A Guide for Those Facing Charges in Maryland, Pennsylvania, Virginia, and DC

As legal professionals, we understand the stress and uncertainty that come with facing criminal charges. This is especially true in cases involving prostitution, which carries significant social stigma and potential legal consequences. This guide aims to provide clear, informative guidance for individuals who have been charged with prostitution or solicitation in Maryland, Pennsylvania, Virginia, or Washington, D.C.

What is Prostitution?

Prostitution is generally defined as engaging in sexual acts in exchange for money or other compensation. This typically involves sexual intercourse or other sexual conduct between strangers where money is exchanged. While circumstances vary, the core element is the exchange of sex for payment.

It’s important to remember that individuals become involved in prostitution for various reasons. While financial gain is a primary motivator for some, others may be vulnerable individuals exploited by others. Those seeking prostitutes may be driven by various desires or insecurities.

Prostitution Laws: A State-by-State Overview

The legality and penalties associated with prostitution vary across jurisdictions. Here’s a look at the laws in Maryland, Pennsylvania, Virginia, and Washington, D.C.:

  • Maryland:
    • Definition: Maryland law defines prostitution broadly, encompassing vaginal intercourse, sexual conduct, or other sexual acts performed for compensation. This includes actions taken to solicit or attempt to solicit such acts. Assignation, or arranging meetings for prostitution, is also illegal.
    • Covered Acts: The specific sexual acts considered prostitution can include anal or vaginal penetration, fellatio, cunnilingus, or any action intended for sexual gratification, arousal, or abuse. Ejaculation is not required for an act to be considered sexual. Importantly, medically necessary procedures are excluded.
    • Knowledge and Intent: To be convicted, a person must know or reasonably believe that their actions are illegal. This includes being aware that a location is used for prostitution. Mental capacity is a factor; individuals lacking the understanding of their actions may be less likely to be convicted.
    • Pimping: While the term “pimping” isn’t explicitly used in Maryland law, profiting from prostitution is illegal. This includes laundering money, concealing the source of funds, or advertising prostitution services.
    • Penalties: Prostitution is classified as a misdemeanor, punishable by a fine and/or a jail sentence of up to one year. Subsequent convictions can result in increased penalties.
    • Sex Offender Registration: If the victim or prostitute is a minor, the accused may be required to register as a sex offender. This involves registering with local law enforcement within three days of release from jail, and every six months for up to fifteen years. Sex offender information is public record, potentially impacting housing, employment, and access to certain professions or locations.
  • Pennsylvania:
    • Definition: Pennsylvania law prohibits engaging in or offering to engage in sexual activity for a fee.
    • Penalties: Prostitution and related offenses are typically misdemeanors. Penalties can include fines, jail time, and mandatory counseling or educational programs.
    • Aggravated Offenses: Penalties increase if the prostitute is a minor or if the act involves coercion or force.
  • Virginia:
    • Definition: Virginia law defines prostitution as engaging in or offering to engage in sexual acts for money or anything of value.
    • Penalties: Prostitution is a Class 1 misdemeanor. Penalties may include fines, jail time, and a criminal record.
    • Solicitation: Soliciting prostitution is also illegal and carries similar penalties.
  • Washington, D.C.:
    • Definition: D.C. law prohibits soliciting, engaging in, or agreeing to engage in prostitution.
    • Penalties: Prostitution-related offenses are generally misdemeanors, punishable by fines and/or imprisonment.
    • Repeat Offenses: Penalties increase for repeat offenders.

If You’ve Been Accused: Understanding Your Rights and Options

Being accused of prostitution or solicitation can be a frightening experience. Here’s what you need to know:

  • Right to Remain Silent: You have the right to remain silent and not incriminate yourself. Exercise this right. Do not speak to law enforcement without legal representation.
  • Right to Counsel: You have the right to an attorney. Hire a qualified attorney experienced in handling prostitution cases.
  • Evidence and Defense: Evidence in prostitution cases can include eyewitness testimony, undercover police operations, and electronic communications. A skilled attorney can analyze the evidence against you, identify weaknesses in the prosecution’s case, and develop a strong defense strategy.

Defenses to Prostitution Charges

Several defenses may be available, depending on the specific circumstances of your case:

  • Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, you may have a valid entrapment defense.
  • Lack of Intent: The prosecution must prove you intended to engage in prostitution. If you lacked the necessary intent, you may be able to argue that you are not guilty.
  • Mistaken Identity: If you were mistakenly identified as the person involved in the alleged prostitution activity, you may have a mistaken identity defense.
  • Involuntary Actions: If you were forced or coerced into engaging in the alleged activity, you may be able to argue that your actions were not voluntary.

What to Do If You’ve Been Charged

  1. Remain Silent: Do not speak to law enforcement without an attorney present.
  2. Contact an Attorney: Immediately contact an experienced criminal defense attorney in your jurisdiction.
  3. Preserve Evidence: Gather any evidence that may support your defense, such as witness contact information, receipts, or electronic communications.
  4. Follow Your Attorney’s Advice: Your attorney will advise you on the best course of action based on the specific facts of your case.

Facing the Aftermath

Even if found innocent, being accused of these crimes can have lasting repercussions. It can strain relationships with friends, family, neighbors, and colleagues. Rebuilding trust and credibility takes time and effort. View this as an opportunity for growth and learning, and consider sharing your experience with others willing to listen. You can transform a negative event into a positive one and become a role model for others.

We Can Help

If you’ve been charged with prostitution or solicitation in Maryland, Pennsylvania, Virginia, or Washington, D.C., we urge you to seek legal assistance immediately. Contact us today for a free consultation. We will listen to your story, assess your legal options, and provide you with the dedicated representation you deserve.