Prostitution

The Complete Guide to Defending Prostitution Charges Under O.C.G.A. §16-6-9

Criminal law in Georgia covers a variety of offenses, with prostitution being one that impacts both individuals and communities. Under Georgia law, specifically O.C.G.A. §16-6-9, prostitution is illegal and can result in serious consequences for those charged with the offense.

Whether you are a defendant facing charges or simply seeking to understand the law better, it is essential to know the legal framework, possible defenses, and the implications of a prostitution charge in Georgia.

As experienced Georgia prostitution lawyers, we wanted to write a blog post offering an in-depth look at prostitution under O.C.G.A. §16-6-9, including the statutory provisions, penalties, and defenses.

What is Prostitution under O.C.G.A. §16-6-9?

Under Georgia law, prostitution is defined under O.C.G.A. §16-6-9. The statute criminalizes engaging in, offering, or agreeing to engage in sexual acts for payment, whether directly or indirectly. This law is broad, covering several acts related to prostitution, and it addresses both those who sell and those who purchase sexual acts.

The statute states:

“A person, 18 years of age or older, commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including, but not limited to, sexual intercourse or sodomy, for money or other items of value.”

Elements of the Offense

To be convicted of prostitution in Georgia, the prosecution must prove that the defendant knowingly engaged in one or more of the following:

• Engaged in sexual intercourse or other sexual acts for money or something of value.
• Solicited, offered, or agreed to engage in sexual acts for compensation.
• Promoted or facilitated the act of prostitution in some way, such as by advertising or brokering services.

The law also applies to those involved in "street prostitution" as well as individuals who may operate through other means such as online platforms, escort services, or brothels.

Penalties for Prostitution Under O.C.G.A. §16-6-9

The penalties for prostitution depend on the specific circumstances of the offense, including whether the defendant has a prior criminal history and whether any aggravating factors exist.

• If someone is caught engaging in prostitution for the first time, they may face misdemeanor charges. A first offense could result in:
  • Up to 12 months in jail.
  • A fine of up to $1,000.
  • Probation, community service and possible counseling or educational requirements.
  • Rehabilitation or counseling programs.

Subsequent prostitution offenses carry enhanced penalties.

Defenses to Prostitution Charges

27 Defenses to the Criminal Charge of Prostitution Under O.C.G.A. §16-6-9 in Georgia

If you’ve been charged with prostitution under O.C.G.A. §16-6-9, it’s crucial to understand that there are numerous potential defenses available to challenge the charges. Prostitution, defined under Georgia law as engaging in, offering, or agreeing to engage in sexual acts for compensation, is a criminal offense that carries serious legal consequences. However, the criminal justice system provides opportunities to defend against these charges.

A skilled prostitution lawyer at The Sherman Law Group can help you explore potential defenses, fight the charges, and protect your rights.

In this section we’ll explore 27 defenses that can be used in cases involving prostitution charges in Georgia. Whether you're facing charges of engaging in prostitution, soliciting prostitution, or promoting prostitution, these defenses can play a critical role in your case.

1. Lack of Knowledge of the Illegal Act

One of the most basic defenses to prostitution charges is lack of knowledge. If a defendant did not know they were engaging in prostitution or that their actions were unlawful, they may have a valid defense. For instance, a person who unknowingly becomes part of a transaction involving prostitution—perhaps through deception or misinformation—may be able to argue that they were unaware of the illegal nature of their actions.

2. Entrapment

Entrapment is a defense in which the defendant argues that law enforcement officers induced or coerced them into committing a crime that they would not have otherwise committed. If you can demonstrate that an undercover officer or agent encouraged or pressured you into engaging in prostitution, you may be able to argue that you were entrapped.

3. Mistake of Fact

A mistake of fact defense occurs when a person commits an act that they did not realize was illegal due to a misunderstanding or misinformation. For example, if you were told that an exchange was for a non-illegal service, such as escorting someone to a dinner or event, you could argue that you mistakenly believed the transaction was legal.

4. Coercion or Duress

If you were forced or coerced into engaging in prostitution, you may have a duress defense. This applies when someone is threatened with immediate harm or violence unless they participate in an illegal act. Proving that you were under duress or threat of harm may prevent a conviction.

5. False Accusation

A false accusation defense is used when a defendant asserts that they have been wrongly accused of prostitution. In such cases, the defendant will need to present evidence that the accuser made up the claim, either for malicious purposes or due to a mistake. This defense often relies on showing inconsistencies in the accuser’s testimony.

6. Lack of Intent

In Georgia, to be convicted of prostitution, you must have the intent to engage in sexual acts in exchange for money or goods. If you did not have the requisite criminal intent—such as if you were simply engaging in an innocent conversation or social interaction without any intention to offer sexual services—you may be able to argue a lack of intent to commit prostitution.

7. Involuntary Act

Under Georgia law, a criminal act must generally be voluntary. If you engaged in prostitution due to an involuntary act, such as being physically forced into the situation or being incapacitated (e.g., under the influence of drugs or alcohol), you might have a defense based on lack of voluntariness.

8. Lack of Evidence

Prosecution must prove guilt beyond a reasonable doubt. If there is insufficient evidence linking you to the crime of prostitution, your defense attorney can argue that the state has failed to meet its burden of proof. This could include a lack of physical evidence, witnesses, or testimony establishing the illegal act.

9. No Agreement to Exchange Sexual Services

Under O.C.G.A. §16-6-9, simply agreeing to engage in sexual acts for money can be a crime. If you can show that no agreement to exchange sexual services actually took place, such as proving that you were joking or misunderstood the situation, you may be able to avoid conviction.

10. Exclusion of Evidence

If the police obtained evidence in violation of your constitutional rights, such as through an unlawful search or seizure, the evidence may be excluded from the case. If evidence is excluded, the prosecution may not have enough to prove the charges, leading to a dismissal or reduced charges.

11. Insufficient Proof of Prostitution

To convict someone of prostitution, the prosecution must show that an exchange of sexual services for money or something of value occurred. If there is insufficient proof—such as no witnesses, physical evidence, or tangible exchange—the defense can argue that the alleged transaction was simply a misunderstanding or never took place.

12. Misidentification

Misidentification is a common defense in criminal cases. If you were falsely identified as the person who committed the prostitution-related offense, your defense attorney can argue that you were not the individual involved. This may involve presenting an alibi or demonstrating that you were not present at the scene.

13. No Prostitution Activity in Progress

Even if you were present during an alleged prostitution act, you may not have been actively engaged in the crime. If you can prove that you were simply present at the location but were not participating in any criminal activity, it may help avoid a conviction.

14. Violation of Right to Counsel

Under the Sixth Amendment of the U.S. Constitution, you have the right to counsel if you are arrested and charged with a criminal offense. If law enforcement failed to inform you of this right or interfered with your ability to contact a lawyer, this may constitute a violation of your rights.

15. Lack of Evidence of a Financial Transaction

Under O.C.G.A. §16-6-9, prostitution requires an exchange of sexual services for compensation (money, goods, or services). If the prosecution cannot prove that a financial transaction occurred, the defense can argue that no crime took place.

15. Challenge to the Credibility of the Prosecution’s Witnesses

If the prosecution’s witnesses are unreliable or have credibility issues, your defense attorney may challenge their testimony. This could involve showing that the witness has a motive to lie, a history of dishonesty, or other issues that cast doubt on their statements.

16. The Defendant Was an Undercover Officer

If the defendant is an undercover officer or law enforcement agent posing as someone offering or soliciting prostitution, this would create a legal defense against prosecution. This could be particularly relevant in cases where law enforcement attempts to create opportunities for prostitution.

17. The Transaction Was Not Completed

For a prostitution charge to be valid, a completed transaction of sexual services for compensation must occur. If no physical or sexual act occurred, or if the transaction was never fully completed, the defense can argue that the charge is not supported by facts.

18. No Actual Offer of Sexual Services

If the defendant was merely discussing sexual services or engaging in non-criminal behavior without actually making an offer to exchange sexual services for compensation, this may serve as a valid defense.

19. Mistaken Identity of Service

In some cases, individuals may mistakenly believe they were offering services other than sexual services (such as escorting or modeling). If the defendant did not offer sexual services but was misidentified or misunderstood, they may have a viable defense.

20. Lack of Specificity in Charges

Under Georgia law, a charge of prostitution must be specific and clear. If the prosecution fails to properly outline the specific details of the alleged crime—such as the location, timing, and nature of the prostitution transaction—the defense can argue that the charge is vague or lacking in clarity.

22. Underage or Incompetent Defendant

If the defendant is underage or legally incompetent to understand the consequences of their actions, this can be a defense to a prostitution charge. Minors, in particular, have specific legal protections when it comes to criminal liability.

23. The Defendant Was a Victim of Human Trafficking

In cases involving human trafficking, where the defendant was coerced into prostitution against their will, this can serve as a powerful defense. Victims of trafficking are often protected under federal and state laws, which provide opportunities for them to avoid criminal penalties.

24. False Confession

In some cases, defendants may confess to crimes they didn’t commit due to coercion, duress, or confusion. If the confession was not voluntary, the defense may argue that it was a false confession and should not be considered.

25. No Actual or Imminent Threat to Public Safety

A defense could be made if the alleged prostitution offense did not constitute a threat to public safety or morality. Prostitution that does not disrupt public order or harm others may be viewed differently in terms of legal penalties.

26. Political or Social Motive for Prosecution

In some cases, individuals may be targeted for prosecution due to political or social reasons, rather than evidence of actual criminal behavior. If there’s evidence that the prosecution is politically motivated, this could be used as a defense.

27. No Evidence of ‘Knowing Participation’

Finally, to be convicted of prostitution, the defendant must knowingly participate in the offense. If you can demonstrate that you were not aware of your participation or were forced into the situation, this could serve as a defense to the charge.

Georgia Prostitution Lawyer Near Me

Facing a prostitution charge under O.C.G.A. §16-6-9 in Georgia can be overwhelming, but it is essential to remember that there are numerous defenses available. Whether you were falsely accused, coerced into participating, or simply misunderstood the situation, a skilled criminal defense lawyer can help you explore these defenses and protect your rights.

The key to a successful defense is understanding the specific circumstances surrounding the charge and tailoring the approach accordingly.

At The Sherman Law Group, our criminal defense attorneys have extensive experience defending individuals charged with prostitution in Roswell and throughout Georgia. If you are facing prostitution charges, contact us today for a consultation, and let us help you navigate the complexities of your case.