Kansas City Defense Lawyer Defending Solicitation of Prostitution Charges
It is illegal in both Missouri and Kansas to either sell or attempt to
purchase sexual relations from another party. On both sides of the State
Line it is a common practice of law enforcement to pursue charges against
the men or 'Johns' in sting operations that may originate on the
Internet or a 'Back Page' advertisement and end up in an arrest
at an area hotel. Prairie Village, Overland Park and Kansas City, Missouri
have all run these types of operations in the past. No money needs to
actually change hands and no sex act needs to take place for a Prosecutor
to make a case. In some instances no arrest is made and the client is
simply photographed and given a ticket with a court date. But make no
mistake, these are serious charges requiring a vigorous and thorough defense.
What is the Missouri Definition of Patronizing Prostitution?
The Missouri Statute reads as follows:
567.030. 1. A person commits the offense of patronizing prostitution if he or she:
(1) Pursuant to a prior understanding, gives something of value to another
person as compensation for having engaged in sexual conduct with any person; or
(2) Gives or agrees to give something of value to another person with the
understanding that such person or another person will engage in sexual
conduct with any person; or
(3) Solicits or requests another person to engage in sexual conduct with
any person in return for something of value.
2. It shall not be a defense that the person believed that the individual
he or she patronized for prostitution was eighteen years of age or older.
3. The offense of patronizing prostitution is a class B misdemeanor, unless
the individual who the person patronizes is less than eighteen years of
age but older than fourteen years of age, in which case patronizing prostitution
is a class A misdemeanor.
4. The offense of patronizing prostitution is a class E felony if the individual
who the person patronizes is fourteen years of age or younger. Nothing
in this section shall preclude the prosecution of an individual for the
(1) Statutory rape in the first degree pursuant to section 566.032;
(2) Statutory rape in the second degree pursuant to section 566.034;
(3) Statutory sodomy in the first degree pursuant to section 566.062; or
(4) Statutory sodomy in the second degree pursuant to section
What are the Kansas Laws regarding Patronizing or Solicitation of Prostitution?
The Kansas Statute reads as follows:
21-6421. Buying sexual relations. (a) Buying sexual relations is knowingly:
(1) Entering or remaining in a place where sexual relations are being sold
or offered for sale with intent to engage in manual or other bodily contact
stimulation of the genitals of any person with the intent to arouse or
gratify the sexual desires of the offender or another, sexual intercourse,
sodomy or any unlawful sexual act with a person selling sexual relations
who is 18 years of age or older; or
(2) hiring a person selling sexual relations who is 18 years of age or
older to engage in manual or other bodily contact stimulation of the genitals
of any person with the intent to arouse or gratify the sexual desires
of the offender or another, sexual intercourse, sodomy or any unlawful
(b) (1) Buying sexual relations is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 9, person felony when committed by a person who has,
prior to the commission of the crime, been convicted of a violation of
this section, or any prior version of this section.
(2) In addition to any other sentence imposed, a person convicted under
subsection (b)(1)(A) shall be fined $2,500. In addition to any other sentence
imposed, a person convicted under subsection (b)(1)(B) shall be fined
not less than $5,000. All fines collected pursuant to this section shall
be remitted to the human trafficking victim assistance fund created by
K.S.A. 2014 Supp. 75-758, and amendments thereto.
(3) In addition to any other sentence imposed, for any conviction under
this section, the court may order the person convicted to enter into and
complete a suitable educational or treatment program regarding commercial
(c) For the purpose of determining whether a conviction is a first, second
or subsequent conviction in sentencing under this section:
(1) Convictions for a violation of this section, or any prior version of
this section, or a violation of an ordinance of any city or resolution
of any county which prohibits the acts that this section prohibits, or
entering into a diversion agreement in lieu of further criminal proceedings
on a complaint alleging any such violations, shall be taken into account; and
(2) a person may enter into a diversion agreement in lieu of further criminal
proceedings for a violation of this section or an ordinance which prohibits
the acts of this section only once during the person's lifetime.
(d) (1) Nothing contained in this section shall be construed as preventing
any city from enacting ordinances, or any county from adopting resolutions,
declaring acts prohibited or made unlawful by this act as unlawful or
prohibited in such city or county and prescribing penalties for violation thereof.
(2) The minimum penalty prescribed by any such ordinance or resolution
shall not be less than the minimum penalty prescribed by this section
for the same violation, and the maximum penalty in any such ordinance
or resolution shall not exceed the maximum penalty prescribed for the