As many people know, prostitution is the act of engaging in some form of sexual activity in exchange for money or another item that has value. As many people also know, prostitution is illegal just about everywhere you go, and Chicago is no exception. A person is considered to have committed prostitution when he or she willingly engages in such an act, willingly accepts payment, and agrees to engage in any act related to or that can be considered prostitution.
Who can be Charged with Prostitution?
There are a few different people who can be charged with prostitution when a situation such as this arises. For the most part, there are usually three people involved in an act of prostitution – the prostitute, the customer, and the third party (pimp). Not all three will be discovered in the same location as the pimp is usually not with the prostitute when the crime occurs. But, some pimps are so widely known that law enforcement will be able to pinpoint which pimp the prostitute works for in the area.
Elements Needed for a Prostitution Charge
There are various elements that must be present in order for the police to charge someone with prostitution or solicitation of prostitution. One of the elements is that a person acted willfully when taking part in a sexual activity with another person. Sexual activity is defined as sexual intercourse or any lewd activity that results in sexual arousal. Another element is that monetary consideration was present and in some jurisdictions, money does not have to be the only consideration for prostitution to have occurred.
When it comes to the charge of solicitation of prostitution, the elements needed for such a case include the act of soliciting. One person will have had to solicit another to commit a sexual act and that act would have had to been committed with the actual intent to take part in prostitution. The person charged with solicitation depends on who initiated the interaction with the other person involved in the commission of the crime.
Possible Defenses to Prostitution Charges
If you are ever charged with prostitution, it is important to know the possible defenses you can use to fight these charges. One of the most common types of prostitution defenses is entrapment. Entrapment occurs when the subject is enticed to commit an act that is or could be considered illegal. Many times it is done by a law enforcement officer, such as when a sting operation is set up to net criminals.
Entrapment can also occur online or when the officer routinely encourages the subject to engage in sexual activity for money. Entrapment also occurs when one person acts in such a way that the subject believes he or she is implicit in the crime being committed. There is the possibility in some cases that the subject did not know a crime was being committed. The defense attorney could argue that the defendant would not have engaged in the criminal activity if the officer had not been so persistent.
Another possible defense to a prostitution charge in Chicago is that there was a lack of evidence. If there is not enough evidence present to prove that you either engaged in a sexual activity in exchange for money, tried to solicit sex for money, or had the intent of engaging in prostitution, then it is likely your case will be dismissed.
Are you in need of legal defense for a prostitution charge in Chicago? It is important to speak with a lawyer who has experience representing people charged in these cases to acquire the best defense. Contact the office of David Freidberg at 312-560-7100 today to schedule an appointment to discuss your case.
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