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Overland Park, KS 66213

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Kansas City Prostitution Defense Lawyer

Enhanced Criminal Penalties for Prostitution Charges Effective July 1, 2013!

Effective July 1, 2013, the Kansas Legislature significantly enhanced the penalties for Prostitution offenses. What used to be a Class “C” Misdemeanor offense for first-time solicitation of a prostitute is now a Class “A” Misdemeanor with a potential jail sentence of up to 12 months and a mandatory fine of $2,500.00. A second offense – which used to be charged as a Class “A” misdemeanor – is now charged as a Severity Level 9 Person Felony with a mandatory fine of $5,000.00 and the possibility of incarceration in the Department of Corrections. See: KSA 21-6419 – Selling Sexual Relations; KSA 21-6420 – Promoting the Sale of Sexual Relations; and KSA 21-6421 – Buying Sexual Relations.

Very few prostitution cases actually involve law enforcement intervening in a transaction between an actual prostitute and customer. Instead, most prosecutions for solicitation or prostitution arise out of a police sting in which a trained officer impersonates either the prostitute or the customer – “john.”

In addition to the embarrassment associated with these charges, if one of the parties is under 18 years of age, a conviction or guilty plea to prostitution or solicitation may require you to register as a sex offender for up to 15 years. Current prostitution laws may also mean that you will be subject to the following penalties:

  • Jail time
  • Fines and fees
  • Loss of employment (especially if you rely on a professional license or security clearance to do your job)
  • Required social sexual awareness classes
  • Required testing for communicable diseases
  • Community service
  • Potential immigration consequences for some

Although the District Court of Johnson County, Kansas is located in Olathe, Johnson County District Court has exclusive jurisdiciton over State Felony Offenses committed in the cities within Johnson County, including DeSoto, Gardner, Leawood, Lenexa. Mission, Merriam, Olathe, Overland Park, and Prairie Village. Charges of Prostitution and Solicitation of a Prostitute are generally misdemeanor offenses such that each of these cities frequently elect to prosecute prostitution offenses occurring within their city limits.

A Business Often Conducted Through the Internet

These days, escort business and other prostitution activity is largely conducted through the Internet. If you are caught in a law enforcement sting designed to catch those soliciting prostitution or sexual activity with a minor online, recently tightened prostitution laws mean that the penalties can be especially serious. If the person you solicit turns out to be a minor, Jessica’s Law may make you subject to a 25-year prison sentence.

Available Defenses

An agreement to simply accompany someone for an evening – perhaps a business party or a class reunion – constitutes a lawful ‘escort’ arrangement. Prostitution requires an agreement for a specified sex act in exchange for a specified amount of money. All too often, law enforcement will make a hasty arrest after the customer has arrived at the hotel room, but before the customer and undercover officer have arrived at any agreement for a specified act or amount of money.

Before the change in the law effective July 1, 2013, it was unlawful for a prostitute to provide ‘manual or bodily contact stimulation’ – but that language appeared only in the prostitution statute. The phrase ‘manual or bodily contact stimulation’ did NOT previously appear in the statute addressing ‘patronizing’ a prostitute – nor did that language appear in the list of statutorily prohibited sex acts. The July 2013 revision corrected these technical loopholes and significantly limited the scope of a potentially successful defense to these serious charges. The ONLY way to know what defenses are available to any client is to obtain a copy of the video/audio recording of the incident and document word for word the specific language used by both the undercover officer and the customer.

Experienced Defense in Prostitution and Sex Crime Charges

If you have been charged with prostitution or another sex crime, I can help. I am a criminal defense attorney who has a proven track record of fighting for the very best possible results for people charged with these serious criminal offenses. I will work aggressively to help you avoid the serious consequences one of these charges can have on your life. My law firm is based in Overland Park, Kansas. I serve the citizens of Kansas City, Lenexa, Shawnee, Overland Park, Mission Hills, Merriam and the surrounding communities of Johnson County and Wyandotte County, as well as Jackson County, Missouri.

Free Consultation

If you have been charged with prostitution, I would like to discuss your situation. Please contact me at my Kansas City Legal Defense Office. Call: (913) 322-3265. I am an experienced criminal defense lawyer offering a free initial consultation. I also accept Visa and MasterCard as payment.

21-6419. Selling sexual relations.

(a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:

(1) Sexual intercourse;

(2) sodomy; or

(3) 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.

(b) Selling sexual relations is a class B nonperson misdemeanor.

(c) It shall be an affirmative defense to any prosecution under this section that the defendant committed the violation of this section because such defendant was subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 2012 Supp. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 2013 Supp. 21-6422, and amendments thereto.

History: L. 1969, ch. 180, § 21-3512; L. 1980, ch. 98, § 1; L. 1983, ch. 109, § 9; L. 1992, ch. 239, § 80; L. 1993, ch. 291, § 49; L. 2010, ch. 136, § 229, L. 2013, ch. 120, § 16; July 1.

21-6420. Promoting the sale of sexual relations.

(a) Promoting the sale of sexual relations is knowingly:

(1) Establishing, owning, maintaining or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person who is 18 years of age or older, or participating in the establishment, ownership, maintenance or management thereof;

(2) permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is 18 years of age or older;

(3) procuring a person selling sexual relations who is 18 years of age or older for a place where sexual relations are being sold or offered for sale;

(4) inducing another who is 18 years of age or older to become a person who sells sexual relations;

(5) soliciting a patron for a person 18 years of age or older who is selling sexual relations or for a place where sexual relations are being sold or offered for sale;

(6) procuring a person 18 years of age or older who is selling sexual relations for a patron;

(7) procuring transportation for, paying for the transportation of, or transporting a person 18 years of age or older within this state with the intention of assisting or promoting that person’s engaging in the sale of sexual relations; or

(8) being employed to perform any act which is prohibited by this section.

(b) (1) Promoting the sale of sexual relations is a:

(A) Severity level 9, person felony, except as provided in subsection (b)(1)(B); and

(B) severity level 7, 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 not less than $2,500 nor more than $5,000. 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. 2013 Supp. 75-758, and amendments thereto.

History: L. 1969, ch. 180, § 21-3513; L. 1986, ch. 120, § 1; L. 1992, ch. 298, § 28; L. 1993, ch. 291, § 50; L. 1994, ch. 291, § 25; L. 2006, ch. 212, § 12; L. 2010. ch. 109, § 10, L. 2010, ch. 136, § 230, L. 2011, ch. 30, § 60, L. 2013, ch. 120, § 17; July 1.

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. 2013 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 and treatment program regarding commercial sexual exploitation.

(c) (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.

History: L. 1969, ch. 180, § 21-3515; L. 1983, ch. 109, § 10; L. 2010, ch. 136, § 231, L. 2013, ch. 120, § 18; July 1.

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