Washington State is the jewel of America’s Pacific Northwest region and, as such, is an alluring destination for both Americans and people from around the world. The combination of pristine natural environments—both forested and marine—as well as progressive urban centers, offers a playground of recreational opportunities for a wide range of people.
However, recreation in Washington State does have limits, and some of those limits are hard lines defined by the legal system. For example, while some narcotic substances like marijuana have now been legalized, that doesn’t mean that narcotics are now permitted for consumption, and the law will enforce criminal charges on those that move beyond the boundaries of the law. The same is also true when it comes to “the world’s oldest profession.” Prostitution, as it does in other parts of the United States, is still practiced in Washington State. However, that doesn’t mean that it is legal for prostitutes to offer their services, nor does it mean that it is legal for the public to engage in them. In Washington State, however, the legal mechanism tends to come down harder on those who attempt to solicit prostitution services than those who offer it, which can result in solicitation or patronizing charges.
Our experienced attorneys have been addressing legal cases all over Washington State for decades, whether they are simple civil infractions or complex criminal trials. We offer representation to cities like Tacoma and the surrounding region. We can resolve solicitation charges for anyone who is facing this unfortunate and often embarrassing situation.
Tacoma’s Legal LimitsWhile prostitution is found everywhere in the United States, it may surprise some to find that there are only two states in the entire country that have any legal mechanisms to regulate it. Nevada is perhaps the least surprising of the two, as the gambling capital has formally and legally allowed prostitution to be practiced in specific areas under specific conditions. Maine, however, is another state where the prostitutes themselves are legally permitted to offer their services, but the general public can still be charged if they are found actively transacting with a prostitute for their services. As it stands currently, however, prostitution is illegal in Washington State.
One of the reasons why prostitution is still illegal and why solicitation as a charge is associated with it is to combat crimes that are tangentially related to prostitution. Human trafficking, for example, exists in part to service the sex industry, and unfortunately, Washington State is one of the regions where human trafficking for the purposes of the sex trade does occur.
Solicitation & PatronizationIn some parts of the country, the charges of solicitation and patronizing a prostitute are two separate charges. Solicitation is generally viewed as the act of approaching a prostitute and negotiating for sexual services. Patronizing a prostitute follows afterward, with payment and the actual rendering of sexual services. In Washington State, however, solicitation and patronizing a prostitute are combined into a single charge, which is called Patronizing A Prostitute. This combines both actions into a single charge and is considered a criminal act, although it is categorized as a misdemeanor, which is the least severe class.
It is also important to note that law enforcement does not passively wait for or monitor solicitation or patronizing acts to occur and then move in to make arrests. Washington State law enforcement is legally empowered to conduct “sting” operations, in which undercover officers pose as prostitutes and then attempt to engage people into soliciting and making offers. Once the offer is made, they reveal themselves as police officers and formally make a patronizing/soliciting charge.
There are three preliminary “triggers” for being charged with solicitation or patronizing; an arrest does not have to wait for a negotiated sex act to occur. A police officer may act and formally file charges if:
And once again, the act of solicitation does not have to occur with an actual prostitute. A law enforcement officer posing as a prostitute can legally make an arrest upon receiving a proposal. This is not considered entrapment, as that requires enticing or encouraging someone to take an illegal action they ordinarily wouldn’t undertake. Because the person is voluntarily soliciting, the identity of the officer plays no bearing on the action.
The Legal ConsequencesA verdict of being guilty of solicitation or patronizing a prostitute is considered a criminal conviction; however, because it is a misdemeanor, it is among the lowest tiers of possible criminal record files. While there is a risk of imprisonment with such a conviction, the imprisonment term is very short, with a maximum of 90 days. There are also fines involved, but again, the less severe nature of this crime means that a maximum of only $1000 is levied against people who are convicted of solicitation or patronizing. However, this may change if it is a repeat offense or if there are similar offenses, and it may go up to $5000 in those situations.
There are, however, specific circumstances where soliciting or patronizing can be upgraded to a felony and have much more severe legal ramifications. If a person is charged with soliciting or patronizing a person or a representative for sexual services with a child, that falls under commercial sexual abuse of a minor and has more severe penalties.
We Can Make A DifferenceWe firmly believe that even when people are charged with solicitation or patronizing, it’s possible to alter the outcome. Our lawyers have been diligently challenging solicitation charges in western Washington and the rest of Washington state for over twenty years. If you or someone else you know is facing solicitation charges, an experienced solicitation attorney has the experience and knowledge to mitigate these consequences. Our Tacoma solicitation attorneys are experienced, committed lawyers who can help people facing these embarrassing and unfortunate charges to avoid the most damaging consequences of a solicitation conviction.
An accusation for soliciting or patronizing a prostitute can be one of the most embarrassing and stressful crimes to face. A solicitation charge is a misdemeanor which means the maximum penalty is 90 days in jail and $1,000 fine. Beyond that, there typically will be probation, stay out of area orders, a HIV test, a court ordered class, and administrative fees pushing the court costs above $1,000.
“Solicitation” is defined as when an individual engages or agrees to or offers sexual conduct with another in exchange for a fee. “Sexual conduct” is considered any type of sexual contact, not simply intercourse. Basically, if there is any touching of sexual or intimate parts done with the intent to gratify sexual desire or either of the parties or a third party, it is considered sexual conduct.