Alaska Prostitution and Solicitation Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 10, 2024

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

A term that often comes up when discussing prostitution is solicitation. Solicitation generally means 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 the state of Alaska, prostitution and solicitation are illegal under the same statute.

Alaska Prostitution Laws

The following table outlines the basics of Alaska state laws on prostitution and solicitation.

Code section

Alaska Statute 11.66.100
What is prohibited?

A person commits the crime of prostitution if they:

  1. Agree, engage in, or offer to engage in sexual conduct in return for a fee; or
  2. Offer 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 a class C felony if:

  1. The defendant violates the statute as a patron of a prostitute (sex worker);
  2. The sex worker is under 18; and
  3. The defendant is over 18 and at least three years older than the sex worker.

A Class C felony conviction can result in a prison sentence of up to five years and a fine of up to $50,000. A Class B misdemeanor conviction can lead to up to 90 days in jail and a fine of up to $2,000.
Promoting prostitution

Alaska law also addresses offenses related to promoting prostitution. These crimes are classified under different degrees:

  • First-degree promoting prostitution is a Class A felony, involving serious offenses like operating a prostitution enterprise.
  • Second-degree promoting prostitution involves facilitating or profiting from prostitution but not operating an enterprise. It is a Class B felony.
  • Third-degree promoting prostitution is typically related to less severe involvement and may be a Class C felony.
  • Fourth-degree promoting prostitution, the least severe, is a Class A misdemeanor and includes activities like simple solicitation in a place of prostitution.
Defenses For a Class C felony conviction, an affirmative defense is that the defendant reasonably believed the sex worker was at least 18 years of age and took reasonable steps to verify this.

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

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Alaska Sex Trafficking Laws

Alaska's laws against sex trafficking are to prevent the exploitation of people through forced or coerced sexual activities. Under Alaska Statute 11.66.130, human trafficking involves the recruitment, transportation, or exploitation of people for commercial sex acts using force, fraud, or coercion.

Alaska law enforcement agencies and task forces throughout the state work to combat these crimes. They focus on cases of sexual exploitation where sex workers get manipulated or threatened. Offenses related to sex trafficking can result in severe penalties. This is especially true for first-degree sex trafficking, which is a Class A felony. Alaska law addresses various aspects of trafficking, from the use of force to large-scale operations.

Need Legal Advice? Contact an Alaska Criminal Law Attorney Near You

If you find yourself facing legal issues related to Alaska's prostitution laws, it's crucial to seek legal advice from an Alaska criminal law attorney. Whether you're dealing with charges related to prostitution or are a victim of sex trafficking, an experienced attorney can offer essential guidance and support.

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