Is solicitation for prostitution, first offense a felony, when pled guilty to solicitation, in Pennsylvania
State/Country relating to question: Pennsylvania
Hello,If you patronize a prostitute in Pennsylvania, the first offense is a Misdemeanor in the third degree:Patronizing prostitutes.[5902(e)]:A person commits the offense of patronizing prostitutes if that person hires a prostitute or any other person to engage in sexual activity with him or her or if that person enters or remains in a house of Prostitution for the purpose of engaging in sexual activity. _____ If you are soliciting a prostitute for someone else, that would be promoting prostitution, and it would be a more serious offense. It would be a misdemeanor of the 2nd degree but could also be a Felony charge depending upon which subsection of the statute applies. I have marked the felonies for you. The rest would be misdemeanors unless they fell into one the exceptions below:(b) Promoting prostitution [5902(b)]:A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in subsection (c) of this section. The following acts shall, without limitation of the foregoing, constitute promoting prostitution: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business; [felony] (2) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; [felony] (3) encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute; [felony] (4) soliciting a person to patronize a prostitute; (5) procuring a prostitute for a patron; (6) transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or (8) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.(c) Grading of offenses under subsection (b).-- (1) An offense under subsection (b) constitutes a felony of the third degree if: (i) the offense falls within paragraphs (b)(1), (b)(2) or (b)(3); (ii) the actor compels another to engage in or promote prostitution; (iii) the actor promotes prostitution of a child under the age of 16 years, whether or not he is aware of the age of the child; (iv) the actor promotes prostitution of his spouse, child, ward or any person for whose care, protection or support he is responsible; or (v) the person knowingly promoted prostitution of another who was HIV positive or infected with the AIDS virus. (2) Otherwise the offense is a misdemeanor of the second degree.FranL41099.954225081
Around 1980 in Pennsylvania, I was arrested for prostitution, and pleaded to solicitation. I paid a fine and got probation. Now when I apply for a job, they always ask I've been convicted of a felony. Also, is simple assault a felony?
Hello,Simple assault, by definition, is always a misdemeanor. Ordinary patronizing/soliciting a prostitute is almost certainly a misdemeanor as well. It might escalate if the prostitute were underaged, but probably not in 1980. The 1980 laws of Pennsylvania are not generally available. You'd really need a law library to find out what the law said at the time. But you could likely get the information easier from the following places:You could call the clerk of the court where you got your conviction. He could bring the case up on the computer. Whether you pled to a misdemeanor or a felony will be on the record.You could contact the DA's Office and they could look up your case as well. For that matter, they might even have a copy of the old law available to them.You could also just get fingerprinted and order your RAP sheet. Whether you pled to a misdemeanor or a felony would appear on your criminal history unless you got the matter dismissed.FranL41099.9758685185
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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