A conviction for solicitation of prostitution is an embarrassing situation that could cost you your job, your family, and your standing in the community. An experienced Columbus solicitation attorney can examine the facts of your case, craft defenses and work toward minimizing penalties.
POTENTIAL PENALTIES FOR MISDEMANOR SOLICITATION IN COLUMBUS AND OHIO
SOLICITATION PENALTIES IN OHIO
Ohio law defines the crime of solicitation of prostitution as follows:
“No person shall solicit another who is eighteen years of age or older to engage with such other person in sexual activity for hire.” ORC 2907.24(A)(1)
“Sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person. ORC 2907.24
Under the Ohio statute, solicitation of a person over 18 years of age for prostitution is a third degree misdemeanor. Possible penalties include:
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Driver’s License Suspension up to 2 years (if the solicitation occurred in or the solicitor used a motor vehicle)
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Possible 60 days in jail
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Up to $500 fine
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Community service
SOLICITATION PENALTIES IN COLUMBUS
The City of Columbus has a similar ordinance for someone charged with solicitation inside the city. The language in the ordinance closely resembles the state section, however Columbus Municipal Ordinance 2307.24 is a first-degree misdemeanor and carries more jail time and harsher penalties than the Ohio law.
The Columbus solicitation law says:
(A) No person shall solicit another to engage with such other person in sexual activity for hire.
(B) Whoever violates this section is guilty of soliciting, a misdemeanor of the first degree.
In Columbus, solicitation is a first degree misdemeanor. If convicted, you could face penalties including:
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Six months in Jail
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$1000.00 fine
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Probation
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Community Service
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Driver’s License Suspension up to 2 years (if the solicitation occurred in or the solicitor used a motor vehicle)
MISDEMEANOR VS. FELONY SOLICITATION CHARGE
A solicitation charge can potentially be a felony offense if you attempt to engage in sexual activity for hire with an individual under the age of eighteen.
STING OPERATIONS FOR SOLICITATION IN COLUMBUS
Law enforcement often utilizes sting operations to catch people attempting to pay for the sexual services of a prostitute. People are often caught in sting operation traps and there can be confusion about what is happening.
Generally, police arrest people for solicitation where it is alleged someone made an implicit or explicit agreement with another to engage sexual activity in exchange for something of value. Typically the exchange is for money, but the exchange can be for anything deemed to be of value and be guilty of solicitation.
AM I FACING JAIL TIME ON A SOLICITATION CHARGE?
Both Ohio and Columbus’ solicitation laws do make solicitation convictions punishable by jail time. Though many judges will not sentence someone guilty of solicitation to jail time, a judge may order a long probation period, frequent STD testing, and significant fines.
Someone charged with solicitation may have opportunities available to them to have the charges reduced and could potentially have them dismissed outright.
JOHN SCHOOL
Prosecutors in Columbus and throughout Ohio may offer a defendant charged with solicitation the ability to complete a diversion program in order to have their charges lowered or dismissed. A typical component of a diversion program for solicitation cases will require completion of the John School Program.
The program informs defendants about the health risks associated from solicitation and prostitution, and helps to educate about the possible dangers of engaging in solicitation.
If an individual successfully completes John School, the charges against him will be potentially be dropped and can help having mark on his or her criminal record.
WHAT IF THE OFFICER CHARGED ME WITH SOLICITATION, BUT I DID NOT INTEND TO ENGAGE IN A SEXUAL ACT?
It is important to note that the prosecutor must be able to show that you intended to make an agreement to engage in sexual activity for something of value. It must be proven that through your actions or words, you wished to essentially pay for sexual activity.
Courts have held that police may not simply arrest individuals for activity that may be construed as soliciting to engage in sexual activity for hire:
“Unlike activity specifically prohibited by the “soliciting” statute, there are any number of actions by individuals that could be subjectively construed by law enforcement officers as conduct which, if successful, could constitute or result in an offense of “soliciting,” but which actions by themselves would not be unlawful or offensive.” State v. Anderson, 62 Ohio Misc. 1 (1979)
WHAT SHOULD I DO IF I AM CHARGED WITH SOLICITATION?
After you have been cited, a court date will be set where you will have the option of pleading guilty, not guilty, or no contest.
Your first step should be to contact an attorney who will tell you it is recommended to plead “not guilty” at the first court appearance. An experienced attorney can guide you through the court case and will be able to help you get your charged reduced or dismissed.
CAN A SOLICITATION CHARGE BE EXPUNGED?
Many common criminal offenses are eligible for expungement in Ohio, including some solicitation cases. Solicitation convictions involving a person under age 18 are not expungeable. Solicitation convictions can have many negative impacts including future employment opportunities, applying to further one’s education, and the ability to pass a background check.
In order to begin the process of expungement process for a solicitation offense, one must be an eligible offender and only have five or less criminal offenses on their record.
Any combination of misdemeanors and felonies are eligible to apply for expungement.
Anyone convicted of a solicitation offense must wait one year from the conclusion of the case before applying for expungement, but if the case was dismissed, through diversion and completion of the John School, the record will eligible for immediate expungement.
COMPREHENSIVE COLUMBUS SOLICITATION DEFENSE
Our firm focuses exclusively on criminal and traffic defense. When you are facing the harsh consequences of a solicitation charge, talk to a Columbus solicitation attorney with experience handling cases in the Franklin County Municipal Court.
Contact us today for a free case review to discuss your options.