How Is Prostitution Prosecuted in Maryland?
An allegation of prostitution carries criminal penalties as well as a harsh stigma. If you have been accused of illegal sex work or soliciting a prostitute, you may have some real concerns about the possible consequences of a conviction. Faced with a prostitution charge, the best thing you can do is to seek legal representation.
At the Law Offices of Murphy & Price LLP, our Annapolis criminal defense lawyers have decades of experience defending clients against serious criminal charges, including sex crimes. We are available 24 hours a day, 7 days a week, so do not hesitate to reach out to us if you have been arrested for prostitution.
Are Prostitution and Solicitation the Same Crime?
Some states treat the act of prostitution and the act of soliciting a prostitute as separate crimes with different punishments. However, in Maryland, both crimes are punished under the same statute. The law states "a person may not knowingly procure or solicit or offer to procure or solicit prostitution or assignation" (Maryland Criminal Law §11–306).
This crime is a misdemeanor offense, and if convicted, you could be sentenced to up to a year in prison and fined up to $500. While these penalties may not sound incredibly strict, the lasting effects of a criminal record follow you for much longer.
Will I Have to Register as a Sex Offender for Prostitution?
Many sex crimes in Maryland, such as rape, child pornography, and kidnapping, require convicted individuals to register as sex offenders. Though it is considered a sex crime, prostitution by itself is not a registrable sex offense. However, there are some circumstances in which you can be forced to register as a sex offender in connection with a prostitution charge.
The crime of soliciting a minor for sex is a Tier II sex offense in Maryland, requiring 25 years of registration as a sex offender for a conviction. If you are accused of soliciting a prostitute whom you believed to be underage, registration is a real possibility during sentencing. You could also be forced to register as a sex offender if you are convicted of running a house of prostitution.
How Can I Defend Against a Prostitution Charge?
Fighting a prostitution charge requires a close examination of the facts behind your arrest. The burden is on the prosecution to prove beyond a reasonable doubt that you knowingly engaged in prostitution or solicitation. Witness testimony, text messages, or voicemails could be used as evidence of a transaction or exchange. However, if the prosecution cannot prove your intent to meet with a prostitute or solicit sexual favors, the case against you could be severely weakened.
Maryland law also provides an affirmative defense for people who have been unwillingly coerced or trafficked into prosecution. This defense must be entered at least 10 days ahead of trial.
Contact an Annapolis, MD Sex Crime Defense Attorney Today
If you have been accused of engaging in prostitution, get in touch with a lawyer as soon as possible. At the Law Offices of Murphy & Price LLP, our Anne Arundel County, MD prostitution defense lawyers can explore all avenues to get the charges against you reduced or dismissed. Call us at 410-280-2500 to schedule your free consultation.