“Prostitution” is a term that covers a wide array of activities that are deemed illegal under state law. This includes selling sex in exchange for money, but also a number of other acts. A misunderstanding of what constitutes prostitution can often lead to unexpected and confusing criminal charges.
If you are facing allegations related to prostitution, do not wait to reach out to a defense attorney. A Manhattan prostitution lawyer could explain the state’s laws and what they mean for your case. To get started on your defense, contact us today.
State law strictly prohibits prostitution. According to Kansas Statute § 21-6419, it is illegal to sell sexual relations. Prostitution is a class B nonperson misdemeanor and could result in a jail term of up to six months and fines of up to $1,000.
It is important to fully understand the concept of selling sexual relations as it applies to state prostitution laws. The statute states that sexual intercourse, sodomy, or any stimulation of the genitals of another person falls under this definition. This means that sexual intercourse does not need to occur for a prostitution charge to result.
In addition, the law also states that a prosecutor does not need to prove that the exchange actually occurred to secure a conviction. The mere offering or agreeing to participate in an exchange is sufficient to violate the law. Finally, while the exchange of money is common in these cases, the offering of anything of value still satisfies the legal definition of prostitution. A seasoned Manhattan attorney could provide more information about the legal definition of prostitution and how to fight back against these allegations.
The most direct way to defend oneself against accusations of prostitution is to argue that the sexual contact was consensual and done without expectation of payment. Text messages that indicate a prior relationship or a history of consensual sexual contact could help to defeat a prosecutor’s allegation. It is also possible to argue that the incident was the result of police entrapment where the event would never have occurred but for the actions of law enforcement.
State law also offers an affirmative defense against allegations of prostitution. A person raising an affirmative defense admits that they violate the law but that they were justified in doing so. In the statute, defendants in prostitution cases can argue that they were forced into the activity as the result of being a victim of human trafficking. A Manhattan prostitution lawyer could help to determine if this potential defense applies in their case.
Prostitution allegations are serious matters in Manhattan. A conviction could create a criminal record and might force you to pay a fine or to spend time in jail.
A Manhattan prostitution lawyer could help you to defend your rights and future. We could work to evaluate the prosecutor’s case, determine your best avenue for defense, and present information in court that helps to create reasonable doubt. Reach out today to schedule a consultation.