The focus in the Sexual Solicitation statute is on the agreement. Many defendants are under the impression that if no sexual act takes place, or no money changes hands, that those are defenses to the charge. Unfortunately, that is not the case. All that is required is an agreement to exchange sexual activity for a fee. The court looks to the totality of the circumstance to determine if that has taken place.
An effective defense attorney will call into question whether such an agreement has in fact been created. This can be done by arguing that the conversation was different than what was reported by the police officer, that there was a misunderstanding of what was meant by the statements, or the true intent of the parties.
Sexual Solicitation cases are sometimes the result of entrapment by the officers involved. Your attorney can explain to you the elements and the specific hearing that must argued before this affirmative defense can be raised.In addition, as noted in the statute, this is an enhanceable offense. This means that although a first offense could be punished by as much as six months of jail, a subsequent offense could be enhanced to a class A misdemeanor with the possibility of up to one year of jail. Cases involving minors can be charged as 3rd degree felony. It is also standard for the courts to order A.I.D.S. testing of anyone convicted under this statute.
76-10-1313. Sexual solicitation — Penalty.
(1) A person is guilty of sexual solicitation when the person:
(a) offers or agrees to commit any sexual activity with another person for a fee;
(b) pays or offers or agrees to pay a fee to another person to commit any sexual activity; or
(c) with intent to engage in sexual activity for a fee or to pay another person to commit any sexual activity for a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any of the following acts:
(i) exposure of a person’s genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;
(iii) touching of a person’s genitals, the buttocks, the anus, the pubic area, or the female breast; or
(iv) any act of lewdness.
(2) An intent to engage in sexual activity for a fee may be inferred from a person’s engaging in, offering or agreeing to engage in, or requesting or directing another to engage in any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
(3) (a) Sexual solicitation is a class B misdemeanor, except under Subsection (3)(b).
(b) Any person who is convicted a second or subsequent time under this section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of a class A misdemeanor, except as provided in Section 76-10-1309.
(4) If a person commits an act of sexual solicitation and the person solicited is a child, the offense is a third degree felony if the solicitation does not amount to human trafficking or human smuggling, a violation of Section 76-5-308, or aggravated human trafficking or aggravated human smuggling, a violation of Section 76-5-310.
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At Schatz, Anderson & Associates, LLC, our lawyers have extensive experience defending clients charged with the crime of burglary. We have defended clients accused of breaking into a home, breaking into a business or breaking into an unoccupied home.Our attorneys have more than 40 years’ combined experience with criminal law. We emphasize providing a true defense on our clients’ behalf. This means conducting an independent investigation and taking the case all the way to a trial if we believe a trial is in our client’s best interests. We do not believe in accepting a plea bargain unless it really is the best option, given our client’s particular circumstances and goals.
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