D.G. Moore is a highly experienced Michigan criminal defense attorney with decades of success defending clients accused of sex crimes, including solicitation and prostitution. This guide provides a detailed overview of Michigan’s solicitation laws, penalties, and available legal defenses.
MCL Sections 750.448 and 750.449a Michigan Solicitation and Prostitution Laws
In Michigan, MCL 750.448 makes it illegal to solicit someone for lewd or immoral purposes, while MCL 750.449a criminalizes engaging or offering to engage someone for prostitution, lewdness, or assignation in exchange for money or other consideration.
Understanding Solicitation and Prostitution Under the Michigan Penal Code
In Michigan, soliciting, accosting, or inviting another person to engage in prostitution or immoral acts is a crime punishable under MCL 750.448. These actions are defined and penalized under the Michigan Penal Code. This law applies when an individual:
- Solicits or invites another person in a public place, building, or vehicle to commit prostitution or any other immoral act.
- Uses speech, gestures, or other means to engage in or offer services for sexual acts.
- Offers money or other consideration in exchange for sexual services.
Additionally, MCL 750.449a criminalizes engaging in prostitution or offering to engage in prostitution. It explicitly prohibits a male person from engaging or offering to engage in prostitution with a female who is not his wife, in exchange for money or other forms of compensation.
Simply put, both the solicitation and engagement in prostitution are illegal in Michigan, regardless of whether the exchange is completed.
Full text of MCL 750.448 – Michigan Legislature
Full text of MCL 750.449a – Michigan Legislature
Penalties for Solicitation and Prostitution in Michigan
Penalties for solicitation, accosting, or engaging in prostitution are misdemeanor punishable depending on prior offenses.
| Offense | Penalty |
|---|---|
| First Offense | Misdemeanor – Up to 93 days in jail, $500 fine, or both |
| Second Offense | Misdemeanor – Up to 1 year in jail, $1,000 fine, or both |
| Third or Subsequent Offense | Felony – Up to 2 years in prison, $2,000 fine, or both |
Individuals with prior convictions face increased penalties, potentially elevating the severity of their current misdemeanor to a felony if they have two or more prior convictions.
Aggravating Factors:
- Soliciting a minor (under 18 years old) increases penalties significantly, potentially leading to felony charges, up to 5 years in prison, and fines of $10,000.
- Engaging in solicitation while knowingly infected with HIV/AIDS carries additional charges.
Michigan Sex Offender Registry – Michigan State Police
Additional Consequences of Prior Convictions
A person convicted of prostitution or solicitation faces severe long-term consequences. A prostitution or solicitation conviction carries severe long-term consequences beyond fines and jail time:
- Mandatory Sex Offender Registration – In certain cases, individuals convicted of solicitation may be required to register on the Michigan Sex Offender Registry.
- Employment Difficulties – Many employers refuse to hire individuals who have been a person engaged in prostitution or related activities.
- Housing Restrictions – Landlords may deny applications based on a criminal record.
- Professional Licensing Impact – Medical, legal, and other licensed professionals could face revoked or suspended licenses.
- Potential STD/HIV Testing – Courts may require HIV/AIDS or STD testing for convicted individuals.
Defenses Against Solicitation and Prostitution Charges
Facing solicitation or prostitution charges does not mean an automatic conviction. Several effective legal defenses may be used to challenge the case. A skilled lawyer can introduce reasonable doubt to scrutinize evidence and present arguments that protect the defendant’s rights.
1. Entrapment
Law enforcement must not induce an otherwise law-abiding citizen to commit a crime, including inviting to commit prostitution. If officers coerced or pressured you into solicitation, the case could be dismissed.
2. Lack of Intent
The prosecution must prove that you willfully engaged in solicitation. The prosecution must prove that you willfully engaged in solicitation or sexual activity. If there is misinterpretation, misunderstanding, or lack of clear evidence, charges may be dropped.
3. Insufficient Evidence
If there is no substantial evidence, such as recorded conversations or video proof, the case may be weak or circumstantial, making it possible to challenge the charges. If there is no substantial evidence of sexual intercourse, the case may be weak or circumstantial.
4. Mistaken Identity
If another person used your name or vehicle, or if you were wrongfully identified, this may be grounds for dismissal, especially if there is no evidence of sexual penetration.
5. Violation of Constitutional Rights
If police conducted an unlawful search, arrest, or interrogation, any evidence obtained might be inadmissible in court.
Why You Need an Experienced Michigan Criminal Defense Lawyer
A solicitation or prostitution conviction can have lifelong consequences, including jail time, fines, and a permanent criminal record. Engaging in activities for the purpose of prostitution is illegal under the Michigan Penal Code.
D.G. Moore has decades of experience successfully defending clients against sex crime charges in Michigan. He will fight aggressively to protect your rights, challenge the prosecution’s case, and work to get your charges reduced or dismissed, especially if the charges involve the purpose of prostitution.
Don’t risk your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.
Sex Crimes DefenseCriminal Defense Practice Areas
Frequently Asked Questions (FAQs)
Is solicitation a felony in Michigan?
Solicitation is a crime punishable as a misdemeanor for a first and second offense but becomes a felony for a third or subsequent offense.
Can I be arrested for solicitation if no money was exchanged?
Yes. Michigan law criminalizes the act of solicitation itself, not just the exchange of money for sexual activity.
Will I have to register as a sex offender for solicitation?
Typically, a person convicted of solicitation does not require sex offender registration, unless the case involves a minor or an aggravated offense.
What should I do if I was caught in a prostitution sting?
- Remain silent and do not admit guilt.
- Do not discuss details with police without an attorney present.
- Hire an experienced criminal defense lawyer immediately.
- A skilled lawyer can introduce reasonable doubt to scrutinize evidence and present arguments that protect the defendant’s rights.
Can my solicitation charge be reduced or dismissed?
Yes. With strong legal representation, charges may be reduced to a lesser offense, dismissed due to lack of evidence, or handled in a way that avoids jail time.
Can an undercover officer solicit me for prostitution?
Undercover officers can pose as prostitutes, but they cannot entrap you by pressuring or inducing you to commit a crime.
Will a prostitution conviction stay on my record?
Yes, unless expunged. Michigan allows certain misdemeanors to be expunged after a waiting period.
