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Solicitation of a Prostitute

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Soliciting a prostitute is a crime.  Any type of sex act, including touching of the genitals could be considered prostitution.

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By Attorney Elisabeth K.H. Pasqualini, Sex Crimes Lawyer, Harrisburg, PA

It is a criminal offense, under § 5902(b), if a person "knowingly promotes prostitution." The following acts, while not an exclusive list, constitute promoting prostitution:

  • (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business; 
  • (2) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; 
  • (3) encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute
  • (4) soliciting a person to patronize a prostitute
  • (5) procuring a prostitute for a patron; 
  • (6) transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent; 
  • (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or 
  • (8) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by [§ 5902].

There is an inherent embarrassment that comes with this crime that we can seek to avoid.  First, most police departments understand that engaging a prostitute is an embarrassing act.  They tend to be wiling to "work with you" at the preliminary hearing level.  Meaning, possibly the charges could be changed to something a little less onerous sounding.  Secondly, most if not all solicitations can be handled thought the ARD process.  Which means the charges get expunged off your record eventually.  Finally, even if you were convicted, the new Act 166 that was just signed into law will allow you to have your record expunged for work purposes (employers won't be able to get access to your record).  (See link to blog).

The trick is to get out in front of the case and get an attorney now.  Don't wait until it's too late.  Seeking competent counsel early will pay dividends in the long run.

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