FOUR WAYS YOU COULD FACE CHARGES FOR PROSTITUTION

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 a criminal court. 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, also 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 a prostitute in Tennessee is generally considered a Class B misdemeanor, which means you could be subjected to up to six months in jail and a fine of up to $500, though it's somewhat rare for first-time offenders to be given jail time if they're defended by a Murfreesboro sex crimes attorney. However, in some instances, the charges could be bumped to a Class A misdemeanor, subjecting you to a mandatory minimum of seven days in jail and $1,000 in fines.

ENGAGING IN PROSTITUTION

Participating in prostitution involves the act of agreeing to engage in sexual activities in return for payment, typically money. This is considered similar to soliciting a prostitute and is subject to the same Class B misdemeanor penalties. However, much like solicitation, certain circumstances can elevate the crime of engaging in prostitution to a Class A misdemeanor,  potentially leading to a mandatory minimum sentence of seven days in jail for those convicted.

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).