Prostitution stings- Fairfax criminal lawyer says fully defend if you get caught in their net

Prostitution stings (PSs) used to be common in Fairfax, where I am headquartered, but I have not heard of such stings in Northern Virginia during the terms of the self-styled progressive commonwealth’s attorneys who won election nearly four years ago in  court counties in this part of the state. As a Fairfax criminal lawyer, I nonetheless say to be on guard not only that paid sex is a crime throughout the United States except for a few counties in one state out west, but also against a robbery attempt after arranging for such activity, and also for extortion attempts. On top of that, if the actual or purported sexual services provider (providers of such services are often called providers or sex workers (whore is pejorative), and their customers are often called hobbyists, rather than Johns) may be under eighteen, which in Virginia converts your potential prosecutorial nightmare from a risk of a misdemeanor conviction into a felony conviction. Virginia solicitation statute is at § 18.2-346.01

Can I get a prostitution conviction even if no actual provider exists? Can I get convicted for soliciting a provider under 18 years old if the would-be provider is actually a police officer?

You can get a prostitution conviction even with prostitution stings involving no actual provider. You can get convicted for a felony if the actual provider is under 18 or if the pretend provider says they are under eighteen years old. What constitutes a solicitation crime in Virginia? The following three elements constitute such a crime: Offering or giving money or its equivalent for penetrative sexual activity or unclothed genital or anal touching (such touching was added to the statute around two years ago, which includes outlawing “happy endings” by massage providers), coupled with any substantial act in furtherance thereof. When it comes to minors, “any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.” A Virginia Class 6 felony is jailable up to five years, and a Class 5 felony is incarcerable up to ten years. Based on the caselaw involving solicitation of sex from minors — together with the solicitation-oriented language of the anti-solicitation statute, do not expect to avoid a solicitation arrest, prosecution and conviction on the claim that the would-be provider was a police officer (and not a minor, in the case of the foregoing felony provisions of the law.) Furthermore, recently the Virginia Court of Appeals confirmed that satisfying the substantial act element of prostitution solicitation can be satisfied by traveling a significant distance to finalize the deal. Thornton v. Commonwealth of Virginia, ___ Va. App. ___ (Aug. 22, 2023).

How do I avoid getting arrested and prosecuted by prostitution stings and police monitoring?

A criminal defense lawyer is not permitted to tell you how to commit a crime undetected or without prosecutorial consequences, other than to tell you of your Fifth Amendment Constitutional right to remain silent, your Fourth Amendment Constitutional right to decline to consent to searches, and your Sixth Amendment right to a lawyer. The sex and adult entertainment industries are hugely popular industries for a reason. Even though I am a criminal defense lawyer advocating for the accused, I nonetheless ask hobbyists to consider the extent to which their prospective provider is being abused, whether by a pimp, other hobbyists or otherwise. Consensual commercial sexual activity by adults should be legalized, but that is not the current state of affairs in Virginia. Not to further rain on anyone’s day, I also urge you to consider the risks of any brief, anonymous or near-anonymous sexual encounters, including the possibly increased risk of a false rape charge, as well as the spread of sexually transmitted diseases.

Do prostitution stings enable a strong entrapment defense?

Law enforcement officers setup prostitution stings with the knowledge that an entrapment defense is not available to those who willingly and without pressure engage in otherwise criminal activity. PSs are easy police work that sometimes is supported by various members of the community where such stings take place. Police know that many hobbyists caught in PSs are going to be disoriented — like deer caught in automobile headlights — by the turn of events from a planned fun sexual time into an arrest and interrogation — that they might spill the beans. Maintaining your right to remain silent is crucial.

Do I avoid a prostitution prosecution and conviction if I go overseas for such activity?

The phrase “sex tourism” exists because it is highly popular. Do not automatically anticipate the absence of prostitution stings and related enforcement in other countries. Do not automatically assume such activity is legal in a particular country merely by what you learn on the Internet. Moreover, federal prosecutors should be expected not to hesitate to prosecute for sex tourism that involves providers under 18 years old, even when you mistake a minor to be an adult. 18 U.S. Code § 2423.

What makes a Virginia criminal defense lawyer suitable for my prostitution defense or other sex crime defense?

Your ideal criminal defense lawyer for your sex-related prosecution ideally will not only have the ability and drive to defend you effectively to the hilt, but also will have experience with such defense and will also be empathetic to your situation, completely non-judging, and fully unflinching. Virtually 100% of my law practice involves criminal defense. For sex work and sex crime defense, not only do I have extensive experience with such defense, including prostitution stings, but I also have in-depth knowledge and insight about how to defend against such prosecutions. As part of my commitment to providing such strong defense (and, with prostitution, for the well being of sex workers), I was the founding president of the Free Speech Coalition of the capital area (the FSC represents the interests of the adult entertainment industry), an officer of Helping Individual Prostitutes Survive (HIPS) (which focuses on harm reduction for sex workers, and providing support when they want to transition to other work), and continuing as a longtime member of the First Amendment Lawyers Association (FALA), which includes a focus on criminal defense in sex-related cases including many excellent members nationwide. I welcome helping anyone charged with such a crime.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia DUI, misdemeanor and felony prosecutions. Usually we can calendar you quickly for your free initial in-person confidential consultation with Jon Katz about your court-pending case. Call 703-383-1100 to schedule your meeting with Jon Katz.