Legal Corner

Re: sent you a pm...
pwilley 59 Reviews 1454 reads

Got it and answered.

Well, I was watching Atlanta news and seems their was a sting last weekend in Fulton County.  Reporter was interviewing one of the arresting officers who seemed pretty happy that they had locked up about 20 people.  But the most surprising comment from him was that he was thankful that the local ordinance for prostitution/soliciting now carries mandatory sentencing... 15 days first offense, 50 days second offense, and 180 days third offense.

I have no idea if what he says is actually true, but thought I'd just mention this.

Either way, they're going to have to build some new jails, or stop prosecuting.

According the news report, the cops were just jovial about the whole thing because they said all those arrested would spend the weekend locked up because the judge to set bail would not hold the hearing until Monday morning.  He went on to say besides that there is mandatory jail sentencing anyway so not a big deal.  Oh, and the kicker is that those who approached street walkers in a vehicle also will have their vehicle confiscated.  They had BP girls, street walkers, and I even saw some old lady about 80 years old in handcuffs in the news report... o well....

carmen41111726 reads

You must fight and hire lawyer's!! Let's try to get the ACLU involved and try to eradicate the Soliciting Prostiution or Offer to commit Pro's off the books. Vice cops are real stinker's.. How much would you bet that 10 ladies turned snitch for the sake of Not going to jail or losing kids? Where is Al Qeada when you need them. Why would any male cop want to work in a vice detail anyway? If this business is such a issue then contact the state government to stop all advertisement of ads in yellow books,newspaper's and on-line sites!! Bull hockey!! This is just political show boating due to the bad economy...

Has had mandatory sentencing for awhile now on a first arrest... Not exactly sure what it is but...They do.. A HUGE fine too....Also do you notice that when one of "us" get busted its escorting without a license.. Streetwalkers always get prostitution... wonder why they do that?


Thought this would be useful since discussion above.

O.C.G.A. § 16-6-13  (Copy w/ Cite)
Pages: 2

Copyright 2011 by The State of Georgia
All rights reserved.

*** Current Through the 2011 Extraordinary Session ***


O.C.G.A. § 16-6-13  (2011)

§ 16-6-13.  Penalties for violating Code Sections 16-6-9 through 16-6-12

  (a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.

(b) (1) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both.

  (2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person under the age of 16 years shall be guilty of a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years, a fine of not more than $100,000.00, or both.

  (3) Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
  (c)(1) The clerk of the court in which a person is convicted of pandering shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.

  (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.

  (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.

(d) In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.

Yes, the code you quoted represents the Georgia State Code; however, in the context of the OP, the LE folks are not applying State law.  They are charging against a local county ordinance where the county ordinance carries mandatory jail sentencing.  So, really two different animals.

I suspect an attorney, if anyone hired one, would most likely challenge the arrest as unconstitutional on the grounds that county ordinance cannot trump State law.  Since the specific acts are already defined in State Law, perhaps the challenge of the county ordinance could prevail, but in any case, such a challenge would be very expensive, and until such an action took place, those being caught up in this stuff now are no doubt going to spend time in the pokey.  IMHO.

DAVEPHX1545 reads

for prostitution is such a huge crime that offends the Republican legislation that not only is their a mandatory 10 days for 1st office judges were too easy and now have to spend 10 days consecutively , not just on weekends or a day a week at a time like some judges allowed.

Solicitation is covered so gals that have GFE on their website subject to the 10 day minimum in jail.

Sometimes will plea deal to escorting without a license and about $1000 fine and fees.  This is better than solicitation since no jail time.

There are similar laws on the books in New Orleans but due to jail overcrowding the LE has a policy to only write tickets to anyone suspected of prostitution. Once the jails and courts get full in Fulton someone will decide it's a bad idea to enforce such nonsense.

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