Is Mistake or Misunderstanding a Valid Defense Against Prostitution or Solicitation Charges?

Interviewer: Now, what are some prostitution-related crimes that maybe a person is not aware could actually get them in trouble? How many times do you come across clients that claim, “I just really did not know I was breaking the law”?

Paul: Well, certainly that does happen.  I think it all boils down to the specific, verbatim, word-for-word communications between the client and the service provider – whether via text or telephone call before arrival or after arriving at the designated location. Certainly, law enforcement cannot place an ad for sexual services. They can’t run an ad in a public forum that offers unlawful or criminal activity. They have to run an ad for companionship, massage services or escort services.

In Attorney Cramm’s Experience, There Are Individuals That Are Arrested That Did Not Intend to Commit a Crime

I think where people are surprised at the arrest are the folks who generally arrive expecting a massage and that’s it. I think there are some folks out there where that is an accurate description of how they got in trouble. They were not expecting anything more than that.

Perhaps the female officer will make some off-handed remark about wearing a condom as she literally is walking out the door to change into some nice outfit, and at that moment, backing officers come in and make the arrest. That someone is going to say look, I had no idea that what I was doing was unlawful. Based on their mindset, they may not have violated this law.

Interviewer: I would imagine that’s where it is helpful when you obtain the recordings and video to show how the circumstance happened.

Paul: Most definitely the audio and video recordings will be key to the best available defenses in prostitution cases. The Kansas legislature drafted this law in such a way that virtually any sexual act will satisfy elements of the offense.  Now, pretty much any sexual act is going to be covered under the new prostitution law.  So the key to developing the defense is determining whether or not the communication between my client and the undercover officer established a clear understanding between them as to what was going to happen.

Call today for an initial consultation to discuss your case: (913) 322-3265.  I represent clients accused of prostitution throughout the Kansas City Metro area including the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee.  As your criminal defense lawyer, I work harder to ensure the best possible outcome in your case.