Sex crime offenses are taken seriously in Birmingham. Soliciting prostitution constitutes a sex crime and a conviction for soliciting prostitution can have a significant impact on your life.
In Alabama, soliciting prostitution requires that the accused offer another party a fee or something of value in exchange for sexual conduct or sexual acts. Being charged with solicitation, like prostitution, does not require that the sexual act or conduct that is bargained for actually occur.
When you are facing a charge in Birmingham, that could, on its own, have a serious impact on your reputation, employment, and family. It is important that you contact a skilled and professional Birmingham solicitation attorney that will ensure that your rights are protected. If you are facing a charge, you need to contact an experienced lawyer as soon as possible.
Solicitation OffensesSoliciting prostitution in Birmingham is punishable as a Class A Misdemeanor, the most serious misdemeanor offense, which could result in up to one year in jail and a fine that does not exceed $6,000. Additionally, a conviction for solicitation will be reflected on the individual’s permanent criminal record.
To establish solicitation, the prosecution must prove that the accused has engaged in each of the elements of the crime beyond a reasonable doubt. Alabama Code provides that “No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of marketable value.” When this is alleged to have occurred, an individual should consult with a Birmingham solicitation lawyer as soon as possible to protect their rights and begin building a defense.
Proving SolicitationOverall, the prosecution will have to prove that the accused requested that another person engage in prostitution, intended to engage in prostitution, and the other person understood the intent to exchange sexual conduct or acts for something of value. The statute does not specify what actions meet the threshold for solicitation.
Practically, asking another person to engage in sex in exchange for money with intent to engage, if they agreed, would meet the threshold, but unless the accused is a part of a sting operation and it is recorded, it is unlikely that the state would meet its burden with the question alone.
While it is a subjective standard, asking the question then giving the other party money or the item of value that is bargained for would likely be required to establish solicitation, and is one aspect which a Birmingham soliciation attorney may be able to build a defense against.
PenaltiesAlthough a conviction for procuring or soliciting prostitution in Birmingham would not require a person to register as a sex offender, a criminal conviction would still have a negative impact on a person’s life.
The charge and a potential conviction could be embarrassing to family and friends. Even if the charge was the result of a misunderstanding, it could impact a person’s reputation or standing in the community.
In addition to the criminal penalties and damage to the person’s reputation, depending on the field of employment, a solicitation conviction could impact the individual’s livelihood. A conviction may result in professional licensure being suspended or revoked, which may result in the convicted person being unable to work in their preferred field.
Contacting a Birmingham Solicitation AttorneyIf you have been arrested for soliciting prostitution, contact a Birmingham solicitation lawyer that will be aggressive in your defense.