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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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is there a jail time for soliticing prostitution, a hand ...

Resolved Question:

is there a jail time for soliticing prostitution, a hand job, for a first time offense?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Here is the law: My comments are below

New Jersey Criminal Laws

2C:34-1. Prostitution and related offenses

a.As used in this section:
(1)"Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
(2)"Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
(3)"House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.
(4)"Promoting prostitution" is:
(a)Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(b)Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
(c)Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(d)Soliciting a person to patronize a prostitute;
(e)Procuring a prostitute for a patron;
(f)Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
(g)Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
b.A person commits an offense if:
(1)The actor engages in prostitution;
(2)The actor promotes prostitution;
(3)The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4)The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;
(5)The actor compels another to engage in or promote prostitution;
(6)The actor promotes prostitution of the actor's spouse; or
(7)The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.
c.Grading of offenses under subsection b.
(1)An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.
(2)An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.
(3)An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(4)An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the Division of Motor Vehicles.
d.Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

Punishments:

f someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

SO...yes, it is a crime in NJ and looks like maximum punishment is 18 months

Now, first offense you will likely get a reduced sentence...and perhaps plead to a lesser offense. I would guess with a clean record and the prostitute not a minor then you would ger probation.

Still, you should talk to a GOOD local criminal law attorney. They can best guide you through this and will be well worth the money paid

Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27116
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
So you are saying that all I will get is a probation and no jail time? I do not want to go to jail !!
Expert:  P. Simmons replied 6 years ago.
No, not sure what you will get...I suspect with a first offense you would not go to jail, but that will depend on the prosecutor and the judge...this is why i recommend you get a GOOD criminal defense lawyer...they will have an understanding of both the court and the prosecutors and will be able to help you through this. THis is money very well spent

Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27116
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Philip Simmons's Post: Can you be more specific ?

If I never been convicted of a crime and if I am in NJ, will I get incarceration ?

Also, what is this is reduced to disruly conduct or something ?
Expert:  P. Simmons replied 6 years ago.
Its tough because there are many factors. As above, the maximum punishment is 18 months. I can say for sure that with no priors and not aggravating circumstances you will not get anything near that.

Further, although that is the charge, prostitution, with a decent lawyer, it is possible you can get the charge reduced to, say, indecent behavior or some lesser charge. That would be good and would I think prevent jail time.

I dont believe you will get jail time if you can work out a plea bargain of some sort.

I do believe you should negotiate with an attorney and not on your own

Best of luck and thanks for the accept

Let me know if you have more question, I'll try and answer
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27116
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you

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