Legal Corner

Promoting and Soliciting?
Neona65 2927 reads
posted

Whats the difference between the charges "Promoting prostitution" and "Soliciting"?

shudaknownbetter1507 reads

Promoting...  is a person other than the provider...  ie a Pimp or Madam...  who arranges others for a sex for money arrangement.  Some prosecutors like to charge a BF of a Provider with "Promoting" even though they derive no finicial benifit from the transaction.

Soliciting...  is when one party offers sex for money or money for sex...  It is the lead in to Prostitution without proving that a sex act occured.

Legal definations vary with jurisdictions.

Legal_Beagle1434 reads

I'd advise your friend to get an attorney. Your friend, based on the facts you have presented, your pal was incorrectly charged and it is good that they changed it. Promoting has various degrees, and if they are referring to the third degree then it may be applicable. Promoting in the first degree is a serious offense that is more aptly used for someone running a brothel.
Solicitation is the more correct charge and is the most common sting charge. It is applied when there is a negotiation for sexual favors of most any type.

Generally, solicitation of prostitution will result in fines and it is considered a low level offense. Community service and  counseling may be ordered. Also the names of those arrested for solicitation of prostitution may be made public.

I am including a copy of the The Alabama State Code Section 13A-12-110: SEE THE LAST ENTRY  i.e 3rd degree
The following definitions are applicable in Sections 13A-12-111 through 13A-12-113:
(1) ADVANCE PROSTITUTION. A person "advances prostitution" if, acting other than as a prostitute or a patron of a prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise.
(2) PROFIT FROM PROSTITUTION. A person "profits from prostitution" if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, he accepts or receives money or other property pursuant to a prior agreement with any person whereby he participates or is to participate in the proceeds of prostitution activity.
Section 13A-12-111: Promoting prostitution in the first degree
(a) A person commits the crime of promoting prostitution in the first degree if he knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years of age.
(b) Promoting prostitution in the first degree is a Class B felony.
Section 13A-12-112: Promoting prostitution in the second degree
(a) A person commits the crime of promoting prostitution in the second degree if he knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes other than the defendant; or
(2) Advances or profits from prostitution of a person less than 18 years of age.
(b) Promoting prostitution in the second degree is a Class C felony.
Section 13A-12-113: Promoting prostitution in the third degree
(a) A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution.
(b) Promoting prostitution in the third degree is a Class A misdemeanor.


Note that if your friend was using an apartment used by other prostitutes or sharing adverts of telephone numbers with other girls, they may try to stick her with a more serious charge, BEWARE! However, it seems that that is not the case if they changed the charge.




-- Modified on 4/10/2011 9:00:08 AM

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