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Sexual Solicitation vs Prostitution in Utah

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Wasatch Defense Lawyers are top criminal defense lawyers in Utah, dealing with criminal cases ranging from assault and drug charges to sexual offenses. Our law firm located in Salt Lake City a proven track record that’s unmatched in the whole valley. So we’ve been around for a while and one of the most common questions we see is people trying to understand the difference between sexual solicitation and prostitution. Here’s the breakdown for you:

The state of Utah classifies both the practice of engaging in sex for compensation, otherwise called prostitution, as well as the process of soliciting for sex as a crime. The state has penalties for those found guilty of either offense ranging from a Class B misdemeanor for first-time offenders, but can increase to a Class A misdemeanor or a third- or second-degree felony depending on the circumstances.

 Sexual Solicitation vs. Prostitution

According to the prostitution and solicitation laws in Utah, sexual solicitation is defined as “the process of aiding, encouraging, or inciting someone to participate in the criminal act of prostitution that includes offering them money or other incentives.” In contrast, prostitution is the actual act of engaging in sexual activity for money.

  • So first comes the offer of prostitution—the sexual solicitation, in legalese—and this charge can be levied regardless of whether or not any sexual act occurs.
  • Once a sexual act is performed (for money or other incentives), a charge of prostitution can then be added as well.

Put another way, prostitution is the crime of paying for sex while solicitation is the crime of offering sex for payment. Either way, both prostitution and solicitation, or even aiding in prostitution, are class B misdemeanors and can result in a penalty of up to 6 months in jail and fines up to $1,000 for the first offense. A second and other subsequent offenses will be classified as Class A misdemeanors and each count gets up to 1 year in prison and up to $2,500 in fines.

If the crime involves a minor, the crime becomes a third-degree felony punishable by up to 5 years in jail and up to $5,000 in fines.

The law also considers aggravated prostitution (any form of prostitution that includes violence or the threat of violence) as a second-degree felony punishable by not more than 15 years in prison and fines not exceeding $10,000. If the aggravated prostitution charge involves a child, it becomes a first-degree felony punishable by up to life imprisonment and fine not exceeding $10,000.

Sexual Solicitation Defense Lawyer in Utah

At Wasatch Defense Lawyers, we operate with a customer-centered approach that guarantees three things:

  • We treat all our clients with respect. We will answer your questions and listen to you so that we can work out unique solutions for your unique problems. No matter how complicated your situation might be, we will work around the clock to ensure a favorable outcome.
  • We get results. We value the fact that you have trusted us with your problems and we will deliver. With us on your side, you can be assured that we’ll do everything we can to get a reduction in charges or even a complete dismissal of the case.

So the next time you need legal representation, do not hesitate to Call: 801-980-9965 for a free case review.

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Craig R. Chlarson