An Overview of Prostitution and Solicitation Laws in Indiana
Prostitution and solicitation are severe offenses in Indiana and carry significant penalties, such as prison time, fines, and collateral consequences. This overview of prostitution and solicitation laws in Indiana will delve into details regarding these offenses.
Understanding the legal landscape is crucial for anyone facing such charges, and seeking counsel from an experienced Indianapolis sex crime attorney is strongly advised for personalized advice.
Indiana Prostitution Laws
Indiana Code § 35-45-4-2 defines the offense of prostitution as someone who is at least 18 years of age or older and “knowing and intentionally” engages in:
- Requirement 1. Sexual intercourse or fondling
- Requirement 2. For money or other property
State laws classify prostitution as a Class A Misdemeanor if the prosecutor’s evidence proves both requirements. However, if the individual has two prior convictions, the state charges it as a Level 6 Felony, where penalties are more severe than lower-level offenses.
Indiana Solicitation Laws
State laws refer to solicitation of a prostitute violations as “Making an unlawful proposition” under Indiana Code § 35-45-4-3. Prosecutors will charge you with unlawful proposition charges if they believe they have enough evidence to prove:
- Requirement: 1. “Knowingly” or “intentionally” offer money or property for
- Requirement 2. Engaging in sexual acts
Like prostitution charges, Indiana classifies the first and second soliciting a prostitute offense as a Class A Misdemeanor, while the third offense or subsequent charges are a Level 6 Felony.
Penalties for Prostitution and Solicitation Charges
A prostitution charge conviction for prosecutors could result in the following penalties under Indiana Code §§ 35-50-3-2 and 35-50-2-7:
- Class A Misdemeanor Prostitution: Up to one-year imprisonment and $5,000 in fines
- Level 6 Felony Prostitution: Between six months and two-and-a-half years and fines of up to $10,000.
The collateral consequences of a prostitution conviction, especially a felony, could include challenges finding a job, renting a home, gaining favorable custody terms, obtaining a professional license, and more.
If you are facing prostitution charges, get legal advice from an Indiana criminal defense attorney to understand your options.
Defenses to Prostitution and Solicitation Charges
Prosecutors must have evidence to prove their claims in court. Even if they are confident that they have enough evidence, it may have been obtained by them or the police unlawfully. However, no one would know this situation exists without an independent investigation.
Regardless of whether the police thought the person was prostituting or soliciting, one or more defense strategies could apply:
- Not prostituting/soliciting
- Victims of sex trafficking
- Lack of evidence
- No exchange of sex for property
- Alibi defense
- Entrapment
- Police misconduct
- Other defenses
An Indianapolis criminal defense attorney from The Criminal Defense Team, could review the case, devise a strategy, and hold the law accountable to their client’s legal rights. Discussing charges with a knowledgeable and experienced legal team could help anyone charged start on the road to freedom.
Charged with Prostitution and Solicitation in Indiana?
The Criminal Defense Team welcomes you to schedule a no-cost, no-obligation meeting with us if you want personalized legal advice. Schedule your free consultation by calling (317) 687-8326 today.