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Alaska Prostitution and Solicitation Laws

Although prostitution is often referred to as the "world's oldest profession," it's not a legal profession in most places. Currently, prostitution is legal only in the state of Nevada. All other states in the United States of America have laws that make prostitution an illegal activity. The basic definition of prostitution is the exchanging sex or sexual acts for money.

A term that often comes up when discussing prostitution is solicitation. Solicitation generally means that a person is encouraging or asking someone to engage in criminal conduct. In the context of prostitution, solicitation refers to offering money in return for sex. In Alaska, both prostitution and solicitation are illegal under the same statute.

Alaska Prostitution Statute

The following table outlines the basics of Alaska's prostitution and solicitation law.

Code Section

AS 11.66.100, Prostitution.

What is Prohibited?

A person commits the crime of prostitution if he or she:

  1. Agrees, engages in, or offers to engage in sexual conduct in return for a fee; or
  2. Offers a fee in return for sexual conduct.

Penalty

The crime of prostitution is classified as either a class B misdemeanor or a class C felony depending on the circumstances. Prostitution is classified as a class C felony if:

  1. The defendant violates the statute as a patron of a prostitute;
  2. The prostitute is under the age18; and
  3. The defendant is over 18 years old and at least 3 years older than the prostitute.

As a class C felony, a person convicted of prostitution can be sentenced to prison for up to 5 years and fined up to $50,000.

As a class B misdemeanor, a person convicted under the prostitution statute can be sentenced to up to 90 days in jail and fined up to $2,000.

Defenses

An affirmative defense to the class C felony of prostitution is that the defendant reasonably believed the prostitute to be at least 18 years old and took reasonable measures to verify that the prostitute was in fact 18 years or older.

Note: There is currently a bill that could make an affirmative defense available to a person charged with prostitution under the class B misdemeanor crime if he or she is the victim of sex trafficking.

Alaska Prostitution and Solicitation Laws: Related Resources

You can visit FindLaw's Criminal Law section for more information and articles regarding this topic. If you or someone close to you is facing prostitution or solicitation charges, it's in your best interest to contact a criminal defense attorney in your area.

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