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Generally, prostitution is the act of participating in sexual activity by an individual for a fee or a thing of economic value. However the scope of the crime of prostitution has been widened to include virtually all prostitution related offenses. As a result a person is considered to commit a criminal offense of prostitution if he or she engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.
An individual could possibly end up being guilty of an attempt to commit prostitution when he or she engages in conduct that tends to effect the commission of such crime. The parties to the crime often include: a prostitute in addition to a customer or a third person/pimp. In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are some other prostitution related offenses. In order to establish attempt, it is necessary to determine that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that criminal offense.
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The elements constituting a criminal offense of prostitution are that an individual has engaged in a sexual activity and has done it willfully. Sexual activity might be sexual intercourse or any type of lewd acts that can arouse sexual feelings. Most jurisdictions make monetary consideration a requisite to constitute prostitution but a few jurisdictions do not require it to be a component of the offense. Consideration need not be in the form of cash.
In order to constitute an offense of soliciting prostitution, an individual has to solicit another individual to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution. A prostitute or a customer may be charged for the criminal offense of solicitation of prostitution depending on the circumstances or who began the interaction. Specific intent of engaging in an act of prostitution is an essential element to constitute a criminal offense. An offer to pay cash or some other compensation like drugs in return for sexual acts may very well be regarded as evidence as to the intent of the parties. Several courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.
Agreeing to engage in an act of prostitution is another prostitution offense. The elements of the criminal offense are that, an individual has to have agreed to engage in an act of prostitution with another person. It should have been with a specific intent to engage in an act of prostitution and any sort of act in furtherance of prostitution must have had to be performed. This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will undoubtedly be agreeing to engage in prostitution.
An arrest under the offense of agreeing to engage in an act of prostitution may possibly be made even if the person who solicited did not have the same intent. This situation may arise when a person who pretended to be a prostitute was an under cover agent. In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.
An act in furtherance of prostitution might be, driving to an agreed upon location where the sexual activity will take place, simple verbal command to undress, giving the payment agreed upon and the like. The nature of the act isn’t important as long as it indicates existence of an agreement to engage in prostitution.
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Houston Lawyer Charles Johnson will treat you and your legal situation with dignity and go to war for you to safeguard your life, loved ones and future. When you or a family or friend are dealing with legal issues or a criminal defense inquiry, you need someone you can depend on to help you.
Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage an individual’s career and family life. In the event you are contending with prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, skilled, and knowledgeable attorney in the Houston Criminal Defense Attorney at the Charles Johnson Law Firm.