Solicitation charges carry heavy legal weight in Junction City. Law enforcement often uses “sting” operations to apprehend individuals on soliciting charges, and sometimes those tactics violate a suspect’s rights. In other cases, a soliciting arrest could be based on a mistake or miscommunication.
Depending on the circumstances of your arrest, an experienced Junction City solicitation lawyer could be able to help you avoid jail or even have charges dismissed. Reach out to a dedicated defense attorney today to discuss your solicitation case.
Defining Solicitation Under Junction City Law
State law defines solicitation of prostitution as the purchasing of sexual relations. Under Kansas Statutes Annotated §21-6421, offering something of value, or intending to offer something of value, in exchange for a sex act is illegal. The definition of sexual relations includes virtually any genital contact for the purposes of stimulating or satisfying sexual desire.
Purchasing and intending to purchase sexual relations are both illegal. It is not necessary for parties to reach a specific agreement or for money to change hands. The arrangement does not even have to involve a cash exchange; trading anything of value for sex could be a crime under the law. A skilled legal professional could further explain the nature of solicitation charges in Junction City.
Penalties for Solicitation
Upon conviction, a first offender for solicitation faces a maximum of one year in jail, a minimum fine of $1200, and a maximum fine of $5000. Jail time is not mandatory, and it could be possible for a Junction City criminal attorney to arrange diversion or other alternative sentencing. Offenders typically must take an education and accountability class, in addition to other penalties.
Buying sexual relations is a level 9 person felony if the offender has been convicted of soliciting or a related crime in the past. A subsequent conviction requires a minimum of five months of jail time and carries a significant fine.
Law enforcement might arrest someone for solicitation if they communicate with an undercover officer posing as a prostitute or someone who could arrange a meeting with a prostitute. When police work undercover to catch participants in a crime, they must adhere to strict guidelines and procedures to avoid entrapment. A knowledgeable local attorney could investigate all the evidence surrounding a solicitation arrest and raise an entrapment defense if warranted.
Solicitation is a crime of intent, meaning that prosecutors must prove that an arrested individual intended to exchange something of value for sex. Law enforcement sometimes assumes intent from surrounding circumstances when there is no other evidence to support the assumption. A capable lawyer could challenge the prosecutor to produce proof of intent and demand a dismissal if there is none.
Similarly, the crime of solicitation requires the accused to know that sex is being offered in exchange for something of value. Prosecutors must have proof that the defendant had knowledge that prostitution was occurring in the location or that the person they were approaching for sex expected to receive something of value in exchange. If they cannot prove knowledge, the charge cannot stand.
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Child Involvement Triggers Severe Penalties
Anyone 16 and older may legally consent to sex under state law. Soliciting sex from someone under age 16 is a crime called indecent liberties with a child. If someone is accused of using a telephone or the internet to induce a child to engage in a sexual act, this crime is known as electronic solicitation of a child.
If the accused allegedly believed the child was aged 14 or 15, the crime is a level 3 person felony. A conviction could lead to up to 100 months in prison and a $300,000 fine. If the accused allegedly believed the child was under age 14, the crime is a level 1 person felony and subjects the offender to a life sentence and $500,000 fine.
Finding evidence of sexual solicitation of a child often involves examining an accused person’s computer, cell phone, and other devices. A well-practiced solicitation attorney could raise questions about who had access to the devices, whether the accused’s rights were respected, the validity of any search warrants, and other technical and procedural issues.
Call a Junction City Solicitation Attorney as Soon as Possible
Being convicted of a crime related to soliciting sex could have a dire impact on your reputation, your family, and your life going forward. You deserve the opportunity to present your side of the story and offer a strong defense.
Reach out to a Junction City solicitation lawyer today to discuss your case with a seasoned professional.
