What Is the Kansas Sentencing Grid?
Paul: A first-offense charge for solicitation of a prostitute is a class-A misdemeanor, the maximum penalty is 12 months in custody and a fine of $2,500.
Prior Criminal History Can Determine Length of Sentencing
On a second or subsequent charge for solicitation of a prostitute, you now face a Severity Level 9 Felony and you face sentencing on the Kansas sentencing grid. A level nine felony would be subject to sentencing for a minimum of five months in the Kansas Department of Corrections, and up to 17 months incarceration.
The length of the sentence would depend on the person’s criminal history. They likely would not need to serve the time. This will be a presumptive probation offense, but the judge can order up to 60 days in the county jail as a prerequisite to probation on any felony offense.
A Second Prostitution-Related Offense Can Entail a 30- or 60-Day Jail Sentence before Starting a Period of Probation
For someone facing a second offense prostitution charge, they could be ordered to serve 30 or 60 days in the county jail before they’re allowed to begin their contract of probation. The fine must be at least $5,000 on that felony conviction.
Interviewer: When police make a prostitution or solicitation arrest, are there other methods that they utilize besides the sting operations?
The Police Also Use Sting Operations to Arrest the Prostitute
Paul: Now, we actually do see them doing stings for the service provider as well. They will review the Backpage or Craigslist ads.
They will look at ads for escort service or companionship massage service. They will send an undercover officer there. The officer will suggest something beyond mere escort or massage. Any of the young ladies who accept that proposal and agree to something above and beyond a lawful massage companionship or escort, are now arrested and charged with selling sexual relations.
Arresting the Service Provider: An Escort Business Is a Legal Enterprise
Interviewer: An escort service in Kansas or anywhere is a legal enterprise as long as they’re not providing sexual favors? Is that correct?
Paul: Absolutely correct. It is lawful to provide companionship or escort service. That’s such a fine line, and I think the line is crossed more often than not, but it is absolutely lawful to have an escort or a paid companion accompany you to a social event.
When Is an Escort Service Not a Legal Enterprise?
Let’s say someone is going to their 25th high school reunion, and they’re sadly divorced, and they want to have the prettiest girl on their arm at the reunion, it is completely lawful to hire a lovely young escort to be your companion for this social event.
However, it is legal provided the arrangement or the agreement does not involve specified sexual activity in exchange for money. If we’re just talking about sharing company, companionship and time, that is lawful.
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.
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- What Is the Difference between Solicitation and Prostitution?
- Is It Possible to Have the Criminal Record Sealed for a Prostitution-Related Charge in Kansas?
- Is It Difficult to Convince Clients That Prostitution-Related Charges Are Defensible?
- How Defensible Is Your Prostitution Case?