{"id":372434,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-prostitution-and-solicitation-laws.html"},"modified":"2016-06-20T19:51:22","modified_gmt":"2016-06-21T00:51:22","slug":"delaware-prostitution-and-solicitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-prostitution-and-solicitation-laws.html","title":{"rendered":"Delaware Prostitution and Solicitation Laws"},"content":{"rendered":"\n
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Delaware Prostitution and Solicitation Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Delaware, prostitution<\/a> is the act of engaging in, agreeing to engage in, or offering to engage in sexual conduct with someone else in exchange for a fee. "Sexual conduct" is defined as any act designed to produce sexual gratification to either party. <\/p>\n

Additionally, the solicitation of prostitution<\/a> (the act of seeking sexual services for hire) is also illegal in Delaware. Therefore, both the prostitute and the prostitute’s customer can be prosecuted. This article briefly outlines Delaware’s prostitution and solicitation laws.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Delaware Code section 1342<\/a>: Prostitution<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person in return for a fee.<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Prostitution is generally a class B misdemeanor. However, offenders convicted of prostitution occurring within 1,000 feet of a school, residence, or place of worship is guilty of a class A misdemeanor.<\/td>\n<\/tr><\/tbody><\/table>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Delaware Code section 1343<\/a>: Patronizing a Prostitute Prohibited (aka Solicitation)<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

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  • Paying a fee (based on a prior agreement or understanding) to another person as compensation for that person’s having engaged in sexual conduct with the person<\/li>\n
  • Paying or agreeing to pay a fee to another person based on an agreement or understanding that in return that person (or a third person) will engage in sexual conduct with the buyer, or<\/li>\n
  • Soliciting or requesting another person to engage in sexual conduct with the person in return for a fee<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Patronizing a prostitute is generally a misdemeanor offense. However, offenders convicted of patronizing a prostitute occurring within 1,000 feet of a school, residence, or place of worship is guilty of a class A misdemeanor.<\/td>\n<\/tr><\/tbody><\/table>\n

Screening for Sexually Transmitted Diseases<\/h2>\n

In Delaware, any person convicted of prostitution or patronizing a prostitute is required to undergo testing for sexually transmitted diseases (STDs). The results of the STD tests won’t be available to the public, however, the results will be released to the defendant, the defendant’s spouse, and the court that ordered the tests.<\/p>\n

Promoting Prostitution<\/h2>\n

Under Delaware’s prostitution laws it is also a crime to promote prostitution. The crime of promoting prostitution is broken down into three degrees, depending on the severity of the offense.<\/p>\n

First-Degree Promoting Prostitution<\/u>:<\/p>\n