Prostitution O.C.G.A. 16-6-9
You can Win a Prostitution Charge with the Help of a Top-Notch Atlanta Georgia Attorney
Prostitution is generally described as engaging in sexual activity in exchange for something of value. That something of value may be money or goods. Atlanta Georgia takes this crime extremely seriously. It will often charge people with a prostitution crime, then try to find the evidence later.
If you are accused of this crime, you need to understand how Georgia law defines the crime. It will help when picking the right defense to prove your innocence.
Prostitution is a catchall type of criminal charge. You may be charged with this crime or a prostitution-related crime. A prostitution-related crime involves things that are associated with the act of engaging in a sex act for money or something of value.
One type of prostitution-related crime is called keeping a place of prostitution. According to Georgia’s criminal statute, it is illegal to have a place to go to have sex for money or a place of value. The place offers shelter or seclusion for committing the illegal act of sexual activity.If there is such a place, the property owner could face a misdemeanor. They can even be guilty of the crime if they have control of the area, but do not own the property.
To be charged with the crime of keeping a place of prostitution, you must knowingly grant or permit the use of the area for that crime. It does matter if money exchanges hands to be charged with having a place of prostitution.
Prostitution is considered a misdemeanor unless there are other factors involved. The penalty for keeping a place of prostitution is 12 months in jail and a fine. The fine ranges from $500 to $1,000.
Another prostitution-related crime is pimping. Pimping is the criminal act of facilitating a sex act for individuals. The alleged pimp receives the cut of the money the prostitute receives for their sexual activity. If caught pimping a minor, the alleged pimp could face a felony. The felony could cause a person to be sentenced to about five years in prison.
Each of these offenses has specific elements that a prosecutor must prove to convict the defendant. This is the same thing that has to be done in a prostitution prosecution.
Atlanta Georgia Prostitution Charge is defined in Statute 16-6-9
According to Georgia law, a person is guilty of prostitution when they perform, offer to perform or agree to perform a sex act. The sex act may involve, but is not limited:
- Sexual intercourse
- Oral sex
The sex act is offered, agreed to or actually performed for money or something of value.
Prostitution Charges in Atlanta Georgia Punishes both the Solicitor and Alleged Prostitute
Georgia law does punish both the solicitation and act of involvement in prostitution. The offer of engaging in a sex act is considered prostitution. The acceptance of the sex act can also lead to being charged with this crime. This means that you can be accused of this crime even though no money was exchanged.
You do not actually have to get “caught” allegedly performing the act to be charged.
Are Pandering and Prostitution the same Charge in Atlanta Georgia?
No. Prostitution is the act of offering, agreeing or performing a sex act for something of value. Pandering falls in the prostitution category. State law often groups these charges together even though they are separate charges.
Pandering is the criminal act of gathering or soliciting one or more people to engage in the act of prostitution. Pandering is generally done by a third party or a group of people who come together for the purpose of offering, accepting or agreeing to prostitution.
Is Prostitution a Felony in Atlanta Georgia?
No. This crime is a misdemeanor. You face the penalty of 12 months in prison and a fine ranging from $500 to $1,000.
You have Defenses available to Avoid an Atlanta Georgia Prostitution Conviction
Although this offense is a misdemeanor, it not a crime you want to have on your criminal record. You do have common defenses available to challenge the state’s evidence against you. These defenses may include attacking a criminal element like offering a sex act for pay. If one element of the charge is not proven, the state typically drops the charge.
You can contend there was no offer, agreement or act that tool place to make you guilty of committing this crime. You may also show that you had no intention of participating in a sex act for pay.
Let Georgia Defense Force, LLC Determine a Strong Defense Strategy for Your Atlanta Georgia Prostitution Charge
You do not need to worry about picking a strong defense. Let us do that for you. Remember, you have the right to legal representation and proving your innocence. If you want us to negotiate a plea deal on your behalf, we will.
Regardless of whether you want to fight your charge or take a plea, we want to represent you. Contact us for assistance.