Have you Been Charged with Prostitution in Georgia?
Prostitution is a crime in every state, but the definition of it can differ state to state. It is important to hire an Attorney that is knowledgeable in criminal law and knows the intricacies of the law. Lawson and Berry and their team of Georgia Sex Crime Lawyers have over 20 years of experience in criminal law. A charge is not the same as a conviction so use their experience to your advantage! Contact us today for a free case evaluation.
Georgia Law O.C.G.A. §16-6-9 reads as follows:
A person commits the crime of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value.
Georgia Courts have found that the person does not have to accept money to commit the offense of prostitution nor actually consummate the transaction to commit the crime. Instead, to commit the offense, the person need only offer to perform sexual intercourse for money. Allen v. State, 170 Ga. App. 96, (1984).
Georgia Case Law
One case where a woman was found guilty of prostitution is Renz v. State. 183 Ga. App. 108, (1987). In that case, defendant admitted that was a part of an escort service and that she modeled lingerie for her customers. However, she denied that she performed sexual acts for money. However, the Court found there was sufficient evidence to convict her of prostitution as they found two of her former clients who testified that she charged them for sexual acts. Therefore, she was convicted of prostitution.
What has to be Proven to be Convicted of Prostitution in Georgia
To be convicted of prostitution in Georgia, the State must demonstrate that the accused is guilty beyond a reasonable doubt. This includes showing that there was an offer to perform sexual intercourse for money.
Penalty for a Prostitution Conviction
A person convicted of prostitution in Georgia will be guilty of a misdemeanor. In Georgia, misdemeanor convictions come with a punishment of jail time up to one year, a fine up to $1,000, or both.
If the offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under 17 years of age then the person will also be fined $2,500.00.
Defense to Prostitution in Georgia
No sexual act was offered: Any evidence that the conversation did not lead to an offer for sexual acts would be beneficial. Notify one of our Attorneys immediately if this applies to you.
What are Not Defenses
The act was never committed, and no money was accepted: Georgia law does not require that the suspect accepts money or complete the act to be convicted of prostitution. It will be enough if the evidence demonstrates that services were offered in exchange for money or other items of value.