Solicitation / Prostitution
Nothing is illegal about two consenting adults engaging or agreeing to engage in sexual activity, but such an agreement becomes criminal activity under Ohio law when it involves money or some form of compensation in exchange for the sexual activity.
It is not uncommon for criminal charges to be based on law enforcement’s complete misunderstanding of the conversation between two parties. Other defenses for solicitation or prostitution revolve around entrapment that can occur during sting operations.
Despite being referred to as “the world’s oldest profession,” prostitution remains illegal in Ohio and can result in serious penalties for alleged offenders.
Solicitation and Prostitution Lawyer in Dayton, OH
Were you arrested for a prostitution offense in Ohio? The Joslyn Law Firm represents clients throughout the greater Dayton area, including Kettering, Huber Heights, and many surrounding areas in Montgomery County.
Brian Joslyn is an experienced Dayton prostitution attorney who also handles solicitation cases in Miami County, Greene County, and Clark County. You can have him review your case to discuss your legal options by calling (937) 356-3969 today to set up a free, confidential consultation.
Overview of Prostitution Charges in Montgomery County
- What are the consequences of engaging in prostitution?
- How will a person be charged for making others engage in prostitution?
- What are the penalties for promoting prostitution?
- When can a person be arrested for solicitation?
- Where can I find help for people involved in prostitution?
Prostitution Charges in Ohio
Under Ohio Revised Code § 2907.25, engaging in sexual activity for hire is prostitution. This is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500.
If a person, with knowledge that he or she has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome (AIDS), engages in sexual activity for hire, this is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.
Compelling Prostitution in Dayton
Ohio Revised Code § 2907.21 makes it illegal for a person to do any of the following:
- Compel another to engage in sexual activity for hire;
- Induce, procure, encourage, solicit, request, or otherwise facilitate a minor to engage in sexual activity for hire, whether or not the alleged offender knows the age of the minor, or a person the alleged offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor;
- 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 alleged offender knows the age of the minor;
- Pay or agree to pay a person the alleged 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;
- 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 alleged offender knows the age of the minor;
- Pay a person the alleged 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;
- Allow 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; or
- Allow a person the alleged 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 alleged offender believes to be a minor, whether or not the person is a minor.
Compelling prostitution is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.
If the person compelled to participate in prostitution is 16 years of age or older but less than 18 years of age, this is a second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000.
If the person compelled to participate in prostitution is less than 16 years of age, this is a first-degree felony punishable by up to 10 years in prison and/or a fine of up to $20,000.
Promoting Prostitution in Montgomery County
Under Ohio Revised Code § 2907.22, no person shall knowingly:
- Establish, maintain, operate, manage, supervise, control, or have an interest in a brothel or any other enterprise a purpose of which is to facilitate engagement in sexual activity for hire;
- Supervise, manage, or control the activities of a prostitute in engaging in sexual activity for hire;
- Transport another, or cause another to be transported, in order to facilitate the other person’s engaging in sexual activity for hire; or
- For the purpose of violating or facilitating a violation of this section, induce or procure another to engage in sexual activity for hire.
Promoting prostitution is a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000. If any prostitute or person promoted by the alleged offender to engage in sexual activity for hire is a minor, this is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.
Dayton Solicitation Charges
Ohio state law also establishes several crimes regarding the solicitation of prostitution. Offenses include:
Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another, Ohio Revised Code § 2907.23
- If a person, knowingly and for gain, entices or solicits another to patronize a prostitute or brothel, procures a prostitute for another to patronize, or takes or directs another at the other’s request to any place for the purpose of patronizing a prostitute, it is a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000.
- If the prostitute who is procured, patronized, or otherwise involved in a violation is 16 or 17 years of age, this is a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500. If the prostitute who is procured, patronized, or otherwise involved in a violation is less than 16 years of age, this is a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000.
Soliciting, Ohio Revised Code § 2907.24
- If an alleged offender solicits another person who is 18 years of age or older to engage in sexual activity for hire, this is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500. If the other person is 16 or 17 years of age and the alleged offender knows that the other person is 16 or 17 years of age or is reckless in that regard, this is a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500.
- If the other person is less than 16 years of age, whether or not the alleged offender knows the age of the other person, or a developmentally disabled person and the alleged offender knows or has reasonable cause to believe the other person is a developmentally disabled person, this is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.
- If the alleged offender engages in solicitation with knowledge that he or she has tested positive as a carrier of a virus that causes AIDS, it is also a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.
Loitering to engage in solicitation, Ohio Revised Code § 2907.241
- If an alleged offender, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, beckons to, stops, or attempts to stop another, engages or attempts to engage another in conversation, stops or attempts to stop the operator of a vehicle or approaches a stationary vehicle, interferes with the free passage of another, or if the alleged offender is the operator of or a passenger in a vehicle, stops, attempts to stop, beckons to, attempts to beckon to, or entices another to approach or enter the vehicle of which the alleged offender is the operator or in which the alleged offender is the passenger, this is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500.
- If the alleged offender loiters to engage in solicitation after a positive HIV test, this is a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500.
Ohio Resources for Prostitution and Solicitation
Oasis House — Oasis House is a faith-based 501(c)(3) nonprofit organization that helps women involved in the adult sex industry. You can learn more about the organization’s services, including professional counseling, psychiatric care, and basic computer training. You can also find information about Oasis House’s various programs, read its newsletter, and find stories from women whom Oasis House helped.
Oasis House425 North Findlay Street
Dayton, OH 45403
(937) 898-7811
Human Trafficking | Montgomery County Sheriff’s Office — The Montgomery County Sheriff’s Office operates its own human trafficking hotline at (937) 384-2462. You can learn more about the various forms of human trafficking on this website, including commercial sexual exploitation of a child and sex trafficking. The website provides signs to look for and what to do if you believe someone is a victim.
Montgomery County Sheriff’s Office345 West Second Street
Dayton, OH 45422
(937) 225-5005
Find a Lawyer for Prostitution Offenses in Dayton
If you were arrested for allegedly soliciting a prostitute or engaging in prostitution, you will want to seek legal representation as soon as possible. The Joslyn Law Firm defends clients accused of sex offenses in and around Dayton, including nearby communities like Springfield, Fairborn, Troy, Beavercreek, and Piqua.
Dayton criminal defense attorney Brian Joslyn is thoroughly familiar with local courts, judges, and prosecutors in southwestern Ohio. Call (937) 356-3969 or complete an online form to have him evaluate your case during a free consultation.
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