New Jersey Prostitution and Solicitation Laws
By Christie Nicholson, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed December 20, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Prostitution is considered a sex crime in New Jersey, and a conviction carries jail time and mandatory registration as a sex offender. New Jersey law treats prostitution and solicitation as the same crime, regardless of whether you are soliciting services or providing them. The state charges offenders under the same statute.
If you’re facing prostitution charges, you should familiarize yourself with New Jersey’s prostitution laws. The same is true if the police have arrested you and charged you with solicitation of prostitution, promoting prostitution, or pimping.
Here, we’ll explain how New Jersey’s prostitution and solicitation laws work. We will also describe the penalties for these criminal offenses and discuss any possible defenses. Contact a local criminal defense lawyer if you still have questions about this topic.
Defining Prostitution and Solicitation
New Jersey law defines prostitution as offering, asking, or engaging in sexual activity in exchange for money or something of economic value. First-time offenders may not realize the police can arrest them and file solicitation charges merely for asking a prostitute how much it will cost to engage in sex. However, that’s all it takes.
What may feel like an innocent, victimless crime can lead to a criminal record, jail time, and fines. You may face criminal charges if you do any of the following prostitution offenses:
- Offering to perform sexual acts for money
- Approaching a prostitute to have sex for money
- Loitering in a public place known to be a red-light district
- Prostitution of a child
- Participating in a human trafficking scheme for the purpose of prostitution
Prostitution and Related Offenses
Not only does New Jersey law prohibit the act of prostitution. It also prohibits related activities, such as pimping or loitering, for prostitution. Law enforcement can arrest you if you engage in the following:
- Wandering in a public place to engage in prostitution
- Repeatedly beckoning or stopping motor vehicles or passersby to engage in prostitution
The police will use common sense when determining whether someone has violated this statute. Those who are obvious about what they're doing face arrest.
Promoting Prostitution
Anybody who promotes the act of prostitution will face criminal charges in the State of New Jersey. The state will prosecute the pimp or person running a house of prostitution.
New Jersey’s Prostitution and Solicitation Laws at a Glance
The following table highlights the main provisions of New Jersey's prostitution and solicitation laws. FindLaw's articles on Pimping and Pandering Laws and Solicitation are another source of information.
New Jersey Prostitution and Solicitation Code Section |
New Jersey Statutes Title 2C - The New Jersey Code of Criminal Justice
|
|---|---|
What Is Prohibited |
Prostitution
The prosecutor must prove that both people must have the intent to commit prostitution or solicitation. Loitering: Repeatedly gesturing to or stopping people on the streets or in cars to engage them in conversation. Promoting Prostitution You’ll face criminal charges for the promotion of prostitution if you engage in the following:
|
Penalties for Prostitution and Solicitation Under New Jersey Law |
The penalties for the above sex crimes depend on the level of offense and the specific facts of your case. Prostitution
If a person uses a vehicle to commit prostitution, the court will also suspend the person’s driver’s license for six months. |
Enhanced Penalties |
If the crime involves someone underage (under 18 years old), it is a third-degree crime. A conviction for this offense will result in a sentence of three to five years in prison and fines. |
What Is Considered Payment? |
Money or anything of value in exchange for sexual services is sufficient, i.e., property, cash, jewelry, drugs, etc. |
Sexual Offender Registry? |
If the state convicts you of promoting child prostitution, you will face mandatory sex offender registration. |
Definition of "Sexual Activity" |
Sexual activity includes any sexual relations, including traditional sexual intercourse, oral sex, masturbation, touching in a sexual area, or even on the buttocks. |
Seek Legal Advice if You’re Facing Prostitution Charges in New Jersey
New Jersey’s prostitution laws are complex. If you’re facing criminal charges for prostitution or solicitation, consult an experienced criminal defense attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.