PITTSBURGH PROSTITUTION DEFENSE ATTORNEY

Prostitution crimes are aggressively investigated by detectives and police departments throughout Western Pennsylvania. Many counties have specially trained prostitution investigators that acquire internet information through websites like Craigslist, while conducting “sting operations” at hotels and other establishments.

There are multiple different crimes associated with prostitution allegations: prostitution, promoting prostitution, promoting prostitution of minors and solicitation. Often times, those facing prostitution charges are also charged with the Possession of an Instrument of Crime, in connection with possessing computers, cell phones, condoms or sex toys.

You do not have to perform, or be caught in the act of performing a sex act to be charged with and convicted of a prostitution offense. A simple agreement to perform a sex act for money or property can be sufficient under Pennsylvania Law to charge and convict both the alleged buyer and seller of “sexual services.” Additionally, prostitution charges apply to those who oversee facilities where paid sex acts occur, as well as those who assist others in arranging for paid sexual activity.

PROSTITUTION CHARGES DEFINED

Pennsylvania’s prostitution statute can be found at Title 18 Section 5902 of the PA Crimes Code. There are multiple crimes contemplated under Section 5902, including prostitution, promoting prostitution, promoting prostitution of a minor, living off prostitutes and promoting prostitution. Each of these offenses will be covered in turn.

Prostitution Defined

Under section 5902(a), a person is guilty of prostitution if he or she:

  • In an inmate of a house of prostitution or otherwise engages in sexual activity as a business. A house of prostitution is any place where prostitution or activities to promote prostitution is carried on by one person under supervision of another. An inmate is a person who engages in prostitution in a house of prostitution; OR

  • Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. Misdemeanor of the third degree when the offense is a first or second offense.

In many cases where the actual prostitute is charged with this offense, undercover law enforcement officers have conducted a sting operation at a hotel or establishment. Typically, the officer will respond to an online advertisement and attempt to reach a verbal or implied “agreement” to receive sexual services for pay before signaling in for backup officers to make an arrest. Thereafter, they will typically place a test call to the number listed in the advertisement to see if the suspect’s phone rings, and will seize items like condoms, computers and sex toys as evidence.

This charge is graded as a 3rd Degree Misdemeanor punishable by up to 1 year in jail and a $2500 fine for a first or second offense, a 2nd Degree Misdemeanor punishable by up to 2 years in jail and a $5000 fine for a third offense, and a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine for a fourth or subsequent offense or if the person has AIDS or HIV.

Promoting Prostitution Defined

Under Section 5902(b), a person who knowingly promotes the prostitution of another commits an offense. Most offenses will be graded as a 2nd Degree Misdemeanor punishable by up to 2 years in jail and a $5,000 fine. Examples listed in Section 5902(b) and their gradings are as follows:

  • Owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business. A person engaged in this activity faces a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine;

  • Procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate. A person engaged in this activity faces a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine;

  • Encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute. A person engaged in this activity faces a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine;

  • Soliciting a person to patronize a prostitute;

  • Procuring a prostitute for a patron;

  • Transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent;

  • Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or

  • Soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.

If a person forces another to become a prostitute, promotes prostitution of family members, promotes prostitution of a minor, or knowingly promotes prostitution of another infected with HIV or AIDS, that person will face a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine.

Our firm has defended those accused of promoting prostitution by providing rides to prostitutes or customers (johns), making computer ads for prostitutes, or otherwise arranging for prostitution services to be performed.

Patronizing Prostitutes Defined

Under Section 5902(e), a person commits the offense of patronizing prostitutes if that person hires a prostitute or any other person to engage in sexual activity with him or her or if that person enters or remains in a house of prostitution for the purpose of engaging in sexual activity. A house of prostitution is any place where prostitution or activities to promote prostitution are carried on by one person under supervision of another.

Typically, undercover police officers with create fake ads on internet sites, and will have female undercover officers posing as prostitutes. Once a verbal agreement for sexual services is reached, the undercover officer will then signal for other officers to effectuate an arrest of the suspect.

This charge is graded as a 3rd Degree Misdemeanor punishable by up to 1 year in jail and a $2500 fine for a first or second offense, a 2nd Degree Misdemeanor punishable by up to 2 years in jail and a $5000 fine for a third offense, and a 3rd Degree Felony punishable by up to 7 years in jail and a $15000 fine for a fourth or subsequent offense or if the person has AIDS or HIV.

DEFENDING YOUR PROSTITUTION CASE

There are many components to investigating and defending your prostitution case. These cases often require a detailed review and analysis of electronic data, phone records and text messages, as well as the very specific statements and acts engaged in by all of the the co-defendants and police officers.

There are instances where your case may be dismissed based upon the “extreme and outrageous conduct” of a poorly trained or sexually deviant police officer. An example of this conduct arises where the police officer engages in sexual acts with an accused person. While this type of behavior is uncommon, a simple internet search reveals many instances where this has occurred.

Furthermore, the police will try to classify all of your cash, computers, cell phones, vehicles and other valuable personal property as “contraband,” regardless of whether or not this personal property is used in any criminal manner. This not only helps them prove their case, but they want to have the judge sign a forfeiture order do the proceeds can be used by the department for future investigations.

If you or a family member or loved one are charged with a Prostitution Offense, please contact the Zuckerman Law Firm, LLC at 412-447-5580. As a former prosecutor of Prostitution cases, Attorney Dave Zuckerman will utilize his experience to build your defense while working behind the scenes to negotiate the best possible resolution of your case. Under appropriate circumstances, one or more of the following resolutions may apply:

  • A withdrawal agreement for the completion of classes;

  • A plea agreement to a summary offense, such as disorderly conduct, for fines and costs only;

  • A plea agreement to a non-prostitution offense;

  • A probationary agreement;

  • A return of a significant amount of seized personal property;

  • Entry into the Program for the Re-Integration, Development and Empowerment of Exploited Individuals (PRIDE), which will enable you to obtain mental health treatment, drug and alcohol treatment, as well as vocational training.