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Pennsylvania Prostitution Laws

Prostitution is illegal in every state but Nevada. Most states, including Pennsylvania, have laws against the solicitation of prostitution as well. If law enforcement catches you either offering or requesting to have sex for money, they’ll arrest you and charge you with a prostitution-related sex crime.

This article explains Pennsylvania law regarding prostitution and prostitution of a minor, including the criminal penalties these charges carry. Not only will offenders face jail time, fines, and mandatory registration as a sex offender, but they’ll have a criminal record for years.

If you’re facing any type of prostitution charges, consider consulting an experienced criminal defense lawyer.

Overview of Pennsylvania Prostitution Laws

Under Pennsylvania law, prostitution involves a person performing sexual acts for money or something of value. One doesn’t necessarily have to run a prostitution business to face prostitution charges. You may be guilty of these criminal charges even if you only performed sexual acts for money a single time.

The State of Pennsylvania criminalizes promoting and pandering to prostitution as well. If you’re a pimp or operate a house of prostitution, you’ll face enhanced charges.

The state prosecutor can also charge an individual who loiters in a public place seeking opportunities to engage in prostitution. You’ll also face charges if you’re patronizing prostitutes at a brothel or house of prostitution.

Pennsylvania’s Prostitution Laws at a Glance

Pennsylvania has laws against prostitution, the promotion of prostitution, and solicitation of prostitution. You’ll face severe penalties if the court finds you guilty of any of these criminal charges. Even if you’re a first-time offender, seek legal advice.

Pennsylvania Prostitution Laws Statute

Penn. Statutes Title 18, § 5902

Statutory Definition of Prostitution in Pennsylvania

A person is guilty of prostitution if they:

  • Are an inmate of a house of prostitution or otherwise engages in sexual activity for money
  • Loiter in a public place for the purpose of prostitution

Grading of the Offenses Under Pennsylvania Prostitution Laws

  • First or second offense: Misdemeanor of the third degree.
  • Third offense: Second-degree misdemeanor charges.
  • Fourth or subsequent offense: Misdemeanor of the first-degree charge.
  • If the defendant knows they were HIV positive (human immunodeficiency virus) or knew they had HIV/AIDS (immune deficiency syndrome): Felony of the third degree

Promoting Prostitution Under Pennsylvania Prostitution Laws

Promotion of prostitution: Between a second-degree misdemeanor to third-degree felony charges, depending on the facts of the case

Patronizing Prostitutes Under Pennsylvania Prostitution Laws

Charged for hiring someone to engage in sexual activity or enter a house of prostitution for the purpose of engaging in sexual activity.

Defenses to Prostitution Charges

As with other sex crimes and related offenses, there are potential defenses your criminal defense attorney can raise. These include the following:

  • The defendant did not perform the sexual activity for a business purpose
  • Entrapment
  • Actual innocence

Penalties and Sentences

Pennsylvania state laws set a range of penalties and sentences for prostitution crimes. In general, the severity of the sentence depends on the defendant’s prior prostitution offenses. You’ll face a third-degree misdemeanor charge if it’s your first or second offense. This can result in a maximum sentence of up to one year in prison.

A third offense is a second-degree misdemeanor, which carries a penalty of up to two years in prison. A fourth-degree prostitution charge may result in up to five years’ imprisonment. The charges are similar for those defendants accused of patronizing prostitutes.

If you’re guilty of promoting prostitution, it’s a second-degree misdemeanor. The defendant’s activities can also meet the criteria for a third-degree felony. If the defendant promoted child prostitution, operated or managed a house of prostitution, or promoted the prostitution of someone infected with HIV or AIDS, they may face up to seven years in prison.

If the state convicts you of prostitution of a minor, the penalties are severe. In addition to up to seven years in prison, there’s a fine of up to $25,000. Those convicted must also register as a sex offender under Pennsylvania’s Megan’s Law statute.

Note: State laws are constantly changing. Contact a sex crime attorney or conduct legal research to verify your state’s laws.

Pennsylvania Prostitution Laws: Related Resources

Facing Prostitution or Solicitation Charges? An Attorney Can Help

Whether you are working as a prostitute, frequenting a house of prostitution, soliciting prostitution, or promoting it, you may face criminal charges in Pennsylvania. Given the penalties for these criminal offenses, you should seek legal counsel immediately. Get some peace of mind today by contacting a Pennsylvania criminal defense attorney.

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