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 offenses of:
(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 566.064.
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 sexual act.
(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 sexual exploitation.
(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 same violation.