Prostitution Charges

admin • Mar 11, 2021

Experienced criminal defense attorney defending against the sex crime charges in Indiana

Solicitation for prostitution is a criminal offense in Indiana, that can usually be charged as a misdemeanor. Ind. Code § 35-45-4-2 defines prostitution as knowingly or intentionally, for money or other property:

  • Performing, or offering or agreeing to perform, sexual intercourse or other sexual conduct …; or
  • Fondling, or offering or agreeing to fondle, the genitals of another person.

Prostitution is considered a Class A misdemeanor, unless the offender has two prior convictions for prostitution, which then is considered a Level 6 felony.

A lot of prosecutor’s cases originate from sting operations by the police when either a fake ad is published in the adult entertainment sections online or in a newspaper.

A charge for prostitution can have consequences. With a conviction on your record, it may be difficult to obtain a job, qualify for certain student loans, or get approved for an apartment.

If you are facing the charges in Indiana, consider contacting an experienced criminal defense attorney. Message or call Greg Spencer Law for a confidential, free initial consultation. We will treat you with confidentiality and respect.

Prostitution Under Indiana Law

Patronizing and Promoting Institution

According to Ind. Code § 35-45-4-3 , a person is guilty of patronizing a prostitute if he or she knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person:

  • For past or future engagement in sexual intercourse or other sexual conduct with the paying person or any other person; or
  • For having fondled, or on the understanding that the other person will fondle, the genitals of a paying person or any other person.

The crime of patronizing prostitution is a Class A misdemeanor, unless the offender has two prior convictions for the same offense.

Also, under Ind. Code § 35-45-4-4 , the state prohibits individuals from any conduct that seeks to promote prostitution. This covers:

  • Enticing or compelling another person to become a prostitute;
  • Procuring or offering or agreeing to procure a person for another for the purpose of prostitution;
  • Having control over the use of a place and permitting another person to use the place for prostitution;
  • Receiving money or other property from a prostitute without lawful consideration, knowing it was earned in whole or in part from prostitution; or
  • Conducting or directing another person to a place for the purpose of prostitution.

A conviction for promoting prostitution is a Level 5 felony punishable by a possible prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6. However, if the individual enticed or compelled is less than eighteen years old, it is a Level 4 felony punishable by a prison term lasting between two and twelve years and a fine not exceeding $10,000.

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