One of the more common sex offenses encountered in the County court system is prostitution. An individual can be charged with this offense in any county or another one of the municipalities if they engage in sex for hire including solicitation to commit prostitution and payment of money or something of value for a sexual act.
The most frequently encountered prostitution violation is a soliciting charge and maintaining a house of prostitution and human trafficking are at the extreme in terms of seriousness. If you were arrested for engaging in prostitution in any capacity, the attorneys at The Pagliara Law Group can help you. Whether you are facing disorderly persons charge in a town or an indictable crime at the Superior Court, an attorney with the skills required to effectively defend you is available at our firm.
Basics of a New Jersey Prostitution Charge
In accordance with N.J.S.A. 2C:34-1, an individual engages in prostitution when they agree to provide something of value in exchange for sexual activity. The law implicates just about any form of conduct that is capable of facilitating sexual stimulation and/or gratification including intercourse, oral sex, or touching of genitals. The offense includes soliciting someone to hire a prostitute, as well as procuring or paying a prostitute for sex. It also makes it a violation to loiter for the purpose of prostitution. There are four (4) elements that the prosecutor must establish in order to obtain a conviction for soliciting or engaging in prostitution including: (1) that there was either an offer or acceptance of an offer; (2) to engage in sexual activity; (3) in exchange for something of value (e.g. money, merchandise, etc.); and (4) that the accused possessed a purpose to engage in this activity. A prostitution offense can come in the form of a disorderly persons offense, fourth degree crime, or a third degree crime. It is a disorderly persons offense to act as a customer/patron, commonly referred to as a “John”, or to serve as a prostitute. However, a second or subsequent offense of this nature is enhanced to a fourth degree crime. When a defendant knowingly engages in prostitution with someone under eighteen (18) years of age, it is a third degree crime under N.J.S.A. 2C:34-1.
Penalties That Apply To A Prostitution Offense
The penalties for a disorderly persons offense of prostitution include up to six months in the county jail and a fine of $1,000. Fourth degree prostitution involves a maximum state prison term of 18 months and fine of up to $10,000. Third degree prostitution carries a prison sentence that can reach 5 years and a fine as high as $15,000. In addition, if a motor vehicle was used in the commission of a prostitution offense, there is a mandatory six (6) months drivers license suspension that applies.
NJ Prostitution Defense Attorneys
Prostitution is often referred to as the oldest profession, it is only realistic that it arises in affluent communities or bad areas. If you were arrested for offering money or soliciting money in return for sex, a lawyer on our staff is equipped to effectively defense you. An attorney is available 24/7 for free consultation.
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