FOUR WAYS YOU COULD FACE CHARGES FOR PROSTITUTION
Updated: Sep 11
Prostitution involves the illegal act of trading sexual intercourse, sexual favors, or other sexual activities for payment, typically money. Although it's often referred to as the "world's oldest profession," it is illegal in Tennessee, and participating in it can result in significant legal consequences.
There are four distinct types of prostitution charges, each carrying significantly different consequences, if you are convicted. In this blog, we will explore these various charges, how they differ, and what you might face if charged with one.
SOLICITATION
Soliciting a prostitute involves looking for or attempting to find someone to engage in prostitution, typically as the "buyer." Individuals who solicit, known as "patronizing" prostitutes, are often called "johns" by law enforcement. Many of these individuals are apprehended through sting operations carried out by undercover officers.
Soliciting (patronizing) a prostitute in Tennessee is considered a Class A misdemeanor (TCA § 39-13-514), which means you could be subjected to jail time and a fine. However, in some instances, if the incident is within one-half (1.5) miles of a school the charges can be punished with a mandatory seven (7) days in jail and a $1,000 fine.
ENGAGING IN PROSTITUTION
Participating in prostitution involves the act of agreeing to engage in sexual activities in return for payment, typically money. In Tennessee, this offense is considered a Class B misdemeanor. However, much like solicitation, certain circumstances can elevate the crime of engaging in prostitution to a Class A misdemeanor.
AGGRAVATED PROSTITUTION
Aggravated prostitution is a law designed to help stop the spread of HIV through sexual transmission, which is a serious risk when engaging in prostitution. Aggravated prostitution occurs when someone who knows that they have been infected with HIV willingly engages in sexual activity as a business, solicits a prostitute or loiters in a public place in order to be hired for prostitution. The law does not require that HIV is transmitted and that the individual who did not have the infection be found to have contracted the disease in order for the crime to be charged.
Aggravated prostitution is a Class C felony, which means you could face up to a maximum of 15 years in prison and a fine of more than $10,000.
In 2024, Tennessee passed SB0181, which eliminates aggravated prostitution from the list of registerable sexual and violent sexual offenses. The revised law permits individuals previously convicted of aggravated prostitution to petition for removal from the Sex Offender registry, if they meet certain criteria, expanding eligibility beyond those who were victims of human trafficking, sexual offenses, or domestic abuse, as was required before.
PROMOTING PROSTITUTION
Promoting prostitution is the act of encouraging or facilitating prostitution or sex-for-money exchanges. This can be a number of different things, including:
Owning, managing, or supervising a prostitution business
Finding or securing customers to engage in prostitution
Encouraging or recruiting someone to become a prostitute
Finding someone to work at a house of prostitution or brothel
Finding a prostitute for someone
Soliciting or receiving any benefit as a result of any of the above activities
Promoting prostitution is also commonly known as “pimping and pandering” and is considered a Class E felony in Tennessee, which means you could face up to six years in prison and a fine of up to $3,000.
Similarly, individuals accused of any prostitution-related crime might be required to register as sex offenders, potentially leading to even more significant impacts on their lives.
Contact The Clarke Law Firm today by dialing (615) 796-6299 and speak with our Murfreesboro sex crimes lawyer to request a case evaluation if you have been charged with a prostitution crime.
Editor's Note: This blog post was originally published on October 12, 2021, and has been updated add changes due to TN SB0181 (2024).
