Many people do not think of the potential legal consequences of soliciting a prostitute; however, prostitution is a crime that New Jersey takes very seriously, and if you are someone who is currently facing prostitution charges, you need an experienced New Jersey sex crimes attorney on your side. Continue reading and reach out to our experienced legal team to learn more about prostitution charges in New Jersey and how we can help you fight them.
How Does New Jersey Law Define Prostitution?
Under NJ Rev Stat § 2C:34-1, prostitution is loosely defined as a person accepting or performing a sexual activity in exchange for money or property. Anyone who is caught participating in an act of prostitution will most likely face criminal charges that can significantly impact their lives for years to come. It’s important to understand that this also includes the solicitation, promotion, or aiding of an act of prostitution.
Is Prostitution Illegal in New Jersey?
New Jersey, like most states, criminalizes acts of prostitution. As such, you can face criminal charges if you are caught engaging in any of the following acts:
- Engaging in prostitution
- Soliciting a prostitute
- Promoting or facilitating prostitution
- Engaging in prostitution involving minors
Penalties for a New Jersey Prostitution Charge
If you are found guilty of participating in an act of prostitution, regardless of whether you were performing, soliciting, or facilitating the act, you can expect to face the serious consequences in Bergen County.
First Offense Penalties
Those charged with a prostitution offense for the first time can face the following:
- A disorderly persons charge
- A $1,000 fine
- 6 months of jail time
Second or Subsequent Offenses
If you are charged with this offense for a second, third, or fourth time, you can face the following penalties:
- A fourth-degree criminal offense
- Up to 18 months in jail
- Fines up to $10,000
Prostitution Involving a Minor
For prostitution related offenses involving a minor, the charges you can face will be much more severe. You can expect:
- A second-degree criminal offense
- Up to 10 years in prison
- Fines of up to $25,000
It’s critical to understand that, under New Jersey law, it does not matter if you held a reasonable belief that the individual was over the age of 18, as this is not a valid defense for engaging in prostitution with a minor.
Potential for Sex Offender Registration
While most instances of prostitution will not trigger registration as a sex offender, in the event that you are convicted of prostitution involving a minor, you will likely have to register under Megan’s Law. This is one of the most serious and long-term impacts that you can face, as it can impact all areas of your life. As such, if you are required to register, it can result in:
- Public listing of your name, photograph, address, and offense
- Continued reporting with the police department
- Restrictions on where you can live and work
- Depending on the tier, mandatory community notification
- Additional penalties for failing to register
Aggravating Factors That Increase Penalties
It’s necessary to understand that you can face increased penalties depending on the specific circumstances of your case. As such, if any of the following aggravating factors are present, you may find that the court will impose harsher penalties:
- Involvement of minors
- Use of force or coercion
- Human trafficking connection
- Third-party promotion (“pimping”)
- Prior criminal record
Additional Consequences of a Prostitution Conviction
While you can face serious criminal penalties for a prostitution-related conviction, you can also face additional consequences that can severely impact your daily life. This includes:
- A permanent criminal record
- Difficulty obtaining employment
- Damage to your reputation
- Impacts on professional licenses
- Immigration consequences
How a Prostitution Investigation Works in New Jersey
In most instances, charges of prostitution stem from an organized law enforcement investigation as opposed to a random encounter. Understanding how these investigations work is critical to knowing the evidence that will be collected and used against you, and how your attorney can craft a defense.
Examples of Evidence Used in These Cases
Some of the most common evidence used in prostitution cases include:
- Police sting operations
- Online advertisements
- Text messages
- Undercover recording
- Surveillance footage
- Hotel cards and charges
- Exchanged funds
Why Many Cases Are Defensible
Though many of these cases may seem straightforward, they can involve legal issues that allow you and your attorney to craft a defense, such as:
- Entrapment
- Mistaken identity
- Insufficient evidence
- Coercive police tactics
- Illegal searches and seizures
What Should I Do if I’m Facing Charges in Bergen County?
If you have been charged with a prostitution offense in New Jersey, whether you are accused of engaging in, soliciting, or facilitating, it’s critical to understand how to protect yourself. These steps are critical to help build the best possible defense to fight for the best possible outcome.
Do NOT Speak to the Police
If you are placed under arrest or held in police custody, it is critical to understand your Fifth Amendment right to remain silent. Anything you say, even when attempting to defend yourself, can be used against you by the police. As such, you should firmly invoke your right to remain silent and request an attorney.
Avoid Discussing the Case With Anyone Other Than Your Attorney
When you are charged with prostitution, it is common to want to clear your name. However, doing so can have serious legal ramifications. As such, you should avoid speaking about your case to:
- Family
- Friends
- Anyone else involved in the investigation
- Co-workers
In addition, you should, under no circumstances, post about your case on social media. In fact, it is strongly recommended that you deactivate your accounts until the case is over. However, you should not delete anything, as this may be viewed as the destruction of evidence.
Contact Our Experienced New Jersey Firm
A prostitution charge can have serious ramifications that can follow you for the rest of your life. However, legal intervention can help you fight the charges against you for the best possible outcome. The Law Office of Boyd & Squitieri prides itself on providing our clients with the competent, honest, and effective legal advice they deserve. Whether you are facing sex crime charges or require assistance filing for bankruptcy, you can depend on us to fight for your rights through every step of the process going forward. Contact the Law Office Boyd & Squitieri today to learn more about how our legal team can help you.