Prostitution Charges
Ohio has strict penalties for sex crimes, especially those involving prostitution. Unfortunately, this includes incarceration and significant fines. In some cases, an individual may be forced to register as a sex offender for committing prostitution.
Since these types of crimes often carry severe social stigmas, it is essential to retain a skilled criminal defense lawyer in Ohio. Attorney Brian Joslyn of the Joslyn Law Firm will make every effort to fight the allegations against you and help you avoid the punishments.
Ohio Prostitution Attorney
If you or someone you know is facing prostitution-related charges in Ohio, it is critical to take action as soon as possible. You need a reliable criminal defense attorney in Columbus, Ohio, to advocate on your behalf and help you avoid a sex crime conviction. In a case like this, contact Joslyn Law Firm to receive quality legal guidance.
If you live in Franklin County and the surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio, call (614) 444-1900 to schedule a free consultation with Joslyn Law Firm today.
Information Center
- Prostitution Charges in Ohio
- Penalties for Prostitution Charges
- Statute Of Limitations
- Defenses for Prostitution
- Additional Resources
Prostitution Charges in Ohio
There are many different crimes related to prostitution that can be charged under Ohio law. Some of the primary offenses that are prosecuted across the state include:
Engaging in Prostitution
According to Section 2907.231, an individual can be charged with engaging in prostitution if he or she recklessly induces, entices, or procures another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.
Solicitation
According to Section 2907.24, no person, with knowledge that the other has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall solicit them to engage in sexual activity for hire in exchange for a gift.
Loitering to Engage in Prostitution
Per Section 2907.241 of the Ohio Revised Code, no person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:
(1) Beckon to, stop, or attempt to stop another;
(2) Engage or attempt to engage another in conversation;
(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;
(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;
(5) Interfere with the free passage of another.
Promoting Prostitution
Per Section 2907.22, a person can be charged with promoting prostitution if he or she:
(1) Establishes, maintains, operates, manages, supervises, controls, or has an interest in a brothel or any other enterprise a purpose of which is to facilitate engagement in sexual activity for hire;
(2) Supervises, manages, or controls the activities of a prostitute in engaging in sexual activity for hire;
(3) Transports another, or cause another to be transported, in order to facilitate the other person’s engaging in sexual activity for hire;
(4) For the purpose of violating or facilitating a violation of this section, induces or procures another to engage in sexual activity for hire.
Compelling Prostitution
Per Section 2907.21, a person can be charged with compelling prostitution if he or she:
(1) Compels another to engage in sexual activity for hire;
(2) Induces, procures, encourages, solicits, requests, or otherwise facilitates either of the following:
(a) A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor;
(b) A person the offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor.
(3)(a) Pay or agree to pay a minor, either directly or through the minor’s agent, so that the minor will engage in sexual activity, whether or not the offender knows the age of the minor;
(b) Pay or agree to pay a person the offender believes to be a minor, either directly or through the person’s agent, so that the person will engage in sexual activity, whether or not the person is a minor.
(4)(a) Pay a minor, either directly or through the minor’s agent, for the minor having engaged in sexual activity pursuant to a prior agreement, whether or not the offender knows the age of the minor;
(b) Pay a person the offender believes to be a minor, either directly or through the person’s agent, for the person having engaged in sexual activity pursuant to a prior agreement, whether or not the person is a minor.
(5)(a) Allows a minor to engage in sexual activity for hire if the person allowing the child to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the minor;
(b) Allows a person the offender believes to be a minor to engage in sexual activity for hire if the person allowing the person to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the person the offender believes to be a minor, whether or not the person is a minor.
Enticing Others to Patronize a Prostitute
Per Section 2907.23, a person can be accused of enticing others to patronize a prostitute if he or she:
(1) Procures a prostitute for another to patronize, or take or direct another at the other’s request to any place for the purpose of patronizing a prostitute.
(B) Having authority or responsibility over the use of premises, knowingly permits such premises to be used for the purpose of engaging in sexual activity for hire.
Trafficking in Persons
Per Section 2905.32, no person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person if either of the following applies:
(1) The offender knows that the other person will be subjected to involuntary servitude or be compelled to engage in sexual activity for hire, engage in a performance that is obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.
(2) The other person is less than eighteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability, and either the offender knows that the other person will be subjected to involuntary servitude or the offender’s knowing recruitment, luring, enticement, isolation, harboring, transportation, provision, obtaining, or maintenance of the other person or knowing attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the other person is for any of the following purposes:
(a) For the other person to engage in sexual activity for hire with one or more third parties;
(b) To engage in a performance for hire that is obscene, sexually oriented, or nudity oriented;
(c) To be a model or participant for hire in the production of material that is obscene, sexually oriented, or nudity oriented.
The elements of each of these crimes are distinct. Although they are related to sex work in some way, some of these crimes target sex work, and others target sex work clients, sex work promoters, and those who seek to traffic others for their personal benefit.
Penalties for Prostitution Charges
The penalties associated with each of these offenses are unique to each offense. Misdemeanors are generally punishable by up to six months in jail and modest fines. Felonies are generally punishable by a minimum of one year in prison and extensive fines.
Statute Of Limitations
The statute of limitations for prostitution crimes that are graded as felonies is six years. The statute of limitations for prostitution crimes that are graded as misdemeanors is two years. After the relevant time period has passed, prosecutors cannot file new charges related to any specific offense.
Defenses for Prostitution
Two of the primary defenses that are used in legal strategies defending against prostitution charges are that the defendant either did not commit the act as described by law or that they did not have the requisite intent necessary to meet the elements of the crime in question. While these are both fairly generic defenses, they can be compelling in a prostitution context.
For example, it is virtually impossible to convict someone of engagement in prostitution if they did not make an explicit offer to engage in sexual activity in exchange for something of value. Without this explicit offer, the intent of the alleged offender is conjecture.
Similarly, unless it can be well documented that someone did offer something of value in exchange for sexual activity, it is difficult to prosecute someone for solicitation. Prosecutors will have a difficult time meeting all the elements of a crime if they can’t provide evidence that the act occurred and that the person had the intent required by law.
Additionally, procedural errors made on the part of law enforcement can also provide strong grounds upon which to build a defense strategy. For example, officers must have probable cause before they can arrest someone or search and seize their property. Without this probable cause, evidence obtained unlawfully can be excluded from trial. Generally, when critical evidence is excluded from trial, prosecutors are compelled to drop or lower the charges in question because they can no longer back up their case. Similarly, if law enforcement agents violate the due process rights of those who are being accused of prostitution crimes, a strong defense may be constructed with this in mind.
Additional Resources
Children of the Night – Assists young people who have engaged in prostitution by providing them with services, including tutoring via Zoom.
HER Cincinnati – Offers women resources designed to break cycles of human trafficking, addiction, and poverty.
HIPS.org –Aims to advance the dignity and health rights of individuals impacted by sex work and drug use by offering services tailored to their needs.
Resource Guide for Sex Workers – The SexWorkers Project compiled this guide, which lists hotlines, legal referral services, and other resources that sex workers may find to be helpful.
Veronica’s Voice – Offers outreach, education, services, and up to two years of housing for women who have engaged in prostitution.
Ohio Prostitution Lawyer | Joslyn Law Firm
Ohio treats all prostitution charges very seriously. When a person is convicted of prostitution accusations, the consequences can be life-altering. That is why it is essential to contact a skilled criminal defense attorney to help you move forward and protect your rights.
The knowledgeable criminal defense lawyers at Joslyn Law Firm have extensive experience handling complex sex crime cases involving prostitution charges. With an office in Columbus, Ohio, the law firm serves clients throughout the state, including Pickaway County, Madison County, Delaware County, Licking County, or Fairfield County. Call (614) 444-1900 to schedule an initial consultation.
