Prostitution Laws in Louisiana 2022
If you want to know all about prostitution laws in Louisiana 2022, this page is going to give you some valuable information. Learn everything you need to know about Louisiana prostitution laws.
Is Prostitution Illegal In Louisiana?
Is prostitution illegal in Louisiana? Yes, it is still illegal. Although legislators have been discussing decriminalizing prostitution in Louisiana, there are many laws prohibiting prostitution in Louisiana since no action has taken place to make it legal.
Like every other law in existence, prostitution law tends to vary from one country to another country. The prostitution laws in the US are different from what is expected in Canada. Jurisdictions in a country have different laws. This is common in the US. The prostitution laws in New York are different from those in Louisiana. In Nevada, it is legal. Is prostitution legal in Louisiana? It is not.
Different States – Different Laws
Do you know that some countries view prostitution as a crime punishable by death? Some other countries see it as a notable profession. Many places see prostitution as illegal because, most times, it goes hand in hand with human trafficking. We have seen cases of people being trafficked and forced to become prostitutes.
This is one reason a lot of states in the US have stringent prostitution laws. Many judges, prosecutors, and police officers are known to make examples of those caught. This is one reason that you need an experienced defense attorney if charged with any prostitution crime.
It doesn’t matter if you are a pimp or middleman between the person soliciting for the sex and the prostitute, you can be charged for a prostitution crime. Most times, it borders on human trafficking. It doesn’t matter if you were only soliciting for sex, you can be arrested for a prostitution-related crime. It does not matter if you agreed to perform the sexual act now or in the future for money or incentives, you can be arrested for a prostitution crime.
Is Prostitution A Felony Or Misdemeanor in Louisiana?
Is prostitution a felony? Will you get charged for the dreaded felony if you are arrested for prostitution. What about solicitation? Is soliciting prostitution a felony? Will you be charged for a felony if you solicit for prostitutes? Will you get a misdemeanor solicitation charge if you are arrested for solicitation? It is important to note that in some cases, you may end up with a misdemeanor solicitation charge. In other cases, the answer to ‘Is soliciting prostitution a felony?’ Maybe yes, depending on the alleged age of the “prostitute.”
Normally, soliciting for prostitution is a misdemeanor especially when you are a first-time offender. It doesn’t matter if you are a first-time offender or repeat offender if you are soliciting an underage prostitute, it is a felony. We will talk more about this later on.
It is important to note that the answer to the question, ‘is escorting legal in the United States?’ is yes and no. In some parts of Nevada, escorting is not seen as illegal, as long as you follow the regulations. In other parts of the US, it is seen as illegal.
Normally, Solicitation of prostitution is seen as a misdemeanor offense. It can be a felony in some cases. When it is a misdemeanor, it is less serious when compared to its counterpart. The penalties for a misdemeanor are usually lighter than those for a felony.
If you are a first-time offender, it is seen as a misdemeanor. If you are a repeat offender, it can be classified as a felony. If the prostitute is underage, it can be seen as a felony.
If you solicited for a prostitute when you have HIV, it is seen as a felony.
If when soliciting for the prostitute you used force, either physically or by waving around a gun, this is a felony. If you had drugs on you when it occurred, it may be seen as a felony.
If you tried to blackmail the prostitute into sleeping with you, it may be seen as a felony.
Whether it is a felony or misdemeanor, you need a criminal defense attorney that is experienced in prostitution laws in Louisiana to represent you. A misdemeanor can be increased to a felony if care isn’t taken.
What Is Prostitution Entrapment?
It is common for the arrest to occur from a sting operation. It usually involves officers posing as prostitutes, pimps or johns, with the aim of catching sexual offenders. The officer may pose as an underage prostitute or someone that has come of age. Gone are the days when prostitutes stand on the streets, waiting for clients to come over and check them out. Prostitution is now done online. You can log into the internet and have access to prostitutes of different sizes and races. The authorities know this and they are now carrying out sting operations on the internet. Many people do not know this.
Finding Sex Workers Online
When you head to a Craigslist advert, you may see a sex worker cunningly displaying her services there. You may feel that since it is on the Internet it is safer. What do you do next? You decide to contact this said sex worker. Both of you chat for a long time, discussing the sexual positions that you want. You tell him or her how much you are ready to pay, the location and so on.
To you, the sex worker feels like the real deal. When the said time reaches, you head to the said location of the rendezvous and instead of meeting the sex worker, you meet a police officer waiting for you. Sometimes, you may be arrested immediately you are seen, but most times, they allow you to dig a deeper hole for yourself with your words before they let you know that they are undercover officers. What do you do at that moment? Do you start pleading your case, trying to tell them that you are not the one or you are sorry? Saying sorry is a means of admitting that you are guilty. What you should do is to ask for a lawyer and keep mute.
Soliciting For An Underage Prostitute
In another case, you may be tracked down, especially when you solicited for an underage prostitute but this takes a much longer time and process. This is why many officers do not do this if it doesn’t involve an underage prostitute.
Sting operations are used regularly in finding out who are sex traffickers and pimps. They are not only used to find out those soliciting for sex.
The prostitution laws in Louisiana states that if someone is found soliciting for prosecution, it is seen as a misdemeanor. You may have to spend up to three months in prison or pay fines which can run into thousands of dollars. Sometimes, it could be more than that. The prostitution laws in Louisiana do not joke about sexual crimes.
If the accused person is a repeat offender for prostitution, he or she is upgraded to being charged with a felony. The accused, if convicted, could spend up to two years in prison, pay a fine or do both.
If you are arrested during a sting operation, what will your defense attorney do? He could argue that it is entrapment. Depending on the circumstances surrounding the crime, many lawyers have successfully argued that the accused was entrapped by the authorities.
Sting operation: What is it?
This is an operation that uses deception with the aim of catching those as they commit a crime. Though sting operation is used a lot when sexual crimes are concerned, it could be used in catching people committing other crimes. Here, an officer or even a civilian could act as a criminal or victim, while waiting for a real criminal to be caught with their hands in the cookie jar of crime.
It is common to see law enforcement agencies doing sting operations in Louisiana. In sting operations, there isn’t the need for the criminal to confess because he or she was caught while carrying out the crime.
The officer was there to see the crime occur, and this is seen as being credible in court as evidence. Also, the meeting may have been recorded, which could be used as evidence.
When it comes to prostitution sting operations, different people have different opinions concerning the topic. Some feel that it is prostitution entrapment. In a lot of cases, this is true. It is common to see officers cajoling unsuspecting people to solicit for sexual acts. These officers could manipulate the accused into saying words that would paint them as ‘johns’. Some officers do this to increase their arrest numbers.
It is common to see prostitution entrapment occurring. Here, the enforcement officer prompts the caused to solicit for the prostitute or act as the prostitute. Entrapment occurs when the idea didn’t come from the accused but from the officer.
If your criminal defense attorney like Carl Barkemeyer should argue that it was prostitution entrapment, the prosecution team has to prove beyond a reasonable doubt that it was the accused that wanted to commit the crime and he or she was not prompted to do it. It should be proven that if there was no coercion that the accused would have done it. This is one reason that you need a criminal defense attorney that understands the prostitution laws in Louisiana.
When does prostitution entrapment occur?
It happens when the officer persuades or coerce the accused to commit the crime.
It happens when the officer asks repeatedly to the accused to commit the crime or encourages him to do so and the defendant was not predisposed to do so.
It occurs when an agent gives the accused money to do so. It occurs when emotional manipulation was used in getting the accused to do so.
The officer may try to prevent entrapment by showing criminal intent, hence, they allow the citizen to make the contact themselves.
Criminal intent can be shown in the following ways:
The accused approached the prostitute of his or her own free will. No one was in any way coerced.
The accused offer to give the prostitute money or incentive for sex.
The accused lets the prostitute know that he possesses the money to go buy a condom and pay for the sex.
If you are caught doing any of the above, you need a criminal defense attorney immediately. It doesn’t matter if you were entrapped, you need an attorney too.
When is Entrapment a Successful Defense?
An attorney can use entrapment as a defense in a solicitation case if it can be proved that the officer coerced or persuaded the accused to solicit.
If the lawyer can prove that the officer used financial favor to encourage the accused to solicit, it is entrapment. If there is any sign of the aforementioned, the defense attorney can use it to his or her advantage.
It is important to note that if the officer merely provided the accused with an opportunity to be involved in a crime, it can’t be said to be prostitution entrapment.
If your defense attorney can show that it was entrapment, the charges may end up being dropped or reduced. You may end up having your records expunged and not paying any fines.
Is Phone Sex Illegal?
This is one question that a lot of people ask. Is phone sex legal? Can they get into trouble for having sex on the phone? What of sexting? Is phone sex illegal? Can they be imprisoned for that act?
Carl Barkemeyer, criminal defense attorney has had numerous clients asking us this question. This is why we have decided to table it here.
In the US, there are a lot of privacy laws and protections that are spelled out in the constitution. These laws are designed to ensure that citizens are protected. In most cases, you have the right to privacy in sending out explicit images of some types. The fact that you can send out explicit images doesn’t mean that you can’t be charged for sending some explicit images. It is a crime to send explicit images that have kids in it. It is wrong to send explicit images depicting rape or some other illegal sexual activity happening.
This is why many people wonder if sexting is illegal. Is phone sex illegal?
We will look at one part of the phone sex, which is sexting. It involves taking of sending explicit images via the internet or a phone.
This behavior is usually common amongst young people, but adults do it too. It is important to note that even when you send the image to someone that consented to it, you could still be charged for a sexual crime in some cases. It doesn’t matter if you had the consent of a minor to get sexual images from him or her, it is illegal.
If you are offering someone money in exchange for sexting or phone sex, it is seen as illegal. In this case, we can answer the question, ‘is phone sex illegal?’ with a big ‘yes’. You solicited for prostitution online and the other counterpart was involved in prostitution.
Something that you should note is that immediately you send out an explicit image of yourself to a person, you have no control over that image. It could be spread over the internet, which is illegal. The recipient could open it in a public place and everyone around would see it. This could heighten the chance of criminal charges.
It is illegal to send a nude picture, be it your own or someone else, to a minor. It doesn’t matter if you are an 18-year old and your lover is 17-year old, sending a nude picture to him or she is seen as illegal. If you are in college, you could end up facing criminal charges and university disciplinary proceedings.
If you have been charged for such a crime, you need a criminal defense attorney to represent you and build up a case for you.
Below are some crimes that one could be charged for when phone sex is concerned:
If you are stalking online or offline, it is seen as crime;
If you are caught distributing an obscene item, it is seen as a crime;
If you are caught photographing him/herself obscenely for distribution, it is seen as a crime;
If you are caught displaying obscene or pornographic video material to children, it is seen as a crime;
If you are caught getting involved in an obscene sexual display, it is seen as a crime;
If you are caught getting involved in indecent exposure, it is seen as a crime;
If you are caught getting involved in an obscene exhibition or performance, it is seen as a crime;
And so on.
Penalties For Sexting/ Phone Sex
It has been shown that prostitution can occur even through phone sex. Is prostitution legal in Louisiana in this case? No, it is not.
Louisiana has strict obscenity and escort laws. The escort laws do not want to know that you had no intention of meeting the recipient after you had offered to pay for the sexting.
Someone convicted could end up spending prison time or even register as a sex offender depending on the conditions surrounding the case. Your reputation could also be tarnished.
Do not treat this lightly if you are arrested for something like this. You need to contact an attorney immediately.
It doesn’t matter if you were misunderstood or if it were a mistake, you need a defense attorney that will investigate the matter for you and create a defense for you.
The attorney will let you know of the advantages and disadvantages of negotiating with the police and prosecutor. You should not take it lightly and think you can talk yourself out of it without an attorney present.
Legal Definition of Prostitution
People may want to know the legal definition of prostitution to ensure that they know their rights. This is quite important. Is prostitution legal in Louisiana or not? You may also be wondering what is considered prostitution.
Almost every state in the country has outlawed prostitution, except some parts of Nevada.
Exchanging money for sexual acts, whether you are a pimp, a prostitute or soliciting for prostitution is illegal.
It is important to note that the aforementioned are separated in the same state statute.
To allow you to know more, we have decided to give you a legal definition of prostitution.
Prostitution, in the US, is seen as a state offense, meaning that a state statute is expected to address the charge. The statute is what criminalizes the offense. It is also what has the elements that must be proven beyond a reasonable doubt by the prosecutor. The accused can’t be convicted if the prosecutor doesn’t prove these important elements beyond a reasonable doubt.
The state statute usually includes that the accused should have intended to carry out an act with the aim of sexually gratifying an individual or arousing the said person. The accused should have either had the intention or carried out the act.
One aspect of criminal statutes that we hear a lot is “means”. This means the mental state that the accused was in when committing the crime. It should be proven beyond a reasonable doubt that the accused intentionally wanted to do it. The accused should have knowingly wanted to do it. It should not seem that the accused was forced and had no control of what was occurring around him. The person should have deliberately wanted to do the illegal act.
It doesn’t matter if the accused knew whether it was illegal or not, he or she could successfully be prosecuted. Ignorance may not be a great defense in this case. It is dependent on the conditions of the case.
In Louisiana, Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.
(2) The solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation.
As used in this Section, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.
Punishment for Prostitution in Louisiana
Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
Second Conviction: the offender shall be fined not less than $250 nor more than $2000 or be imprisoned, with or without hard labor, for not more than 2 years, or both.
Third and Subsequent Conviction: the offender shall be imprisoned, with or without hard labor, for not more than 4 years and shall be fined not less than $500 nor more than $4000.
Prostitution with a person under the age of 18: fine of not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
Prostitution with a person under the age of 14 years: fine of not more than $75,000, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.
5-year Cleansing Period: Any conviction in which the offense was committed more than five years prior to the commission of the current offense with which the defendant is charged shall not be considered.
Street Walkers Get Slammed: If the offense occurred as a result of a solicitation by the offender while the offender was located on a public road or highway, or the sidewalk, walkway, or public servitude thereof, the court shall sentence the offender to imprisonment for a minimum of 90 days. If a portion of the sentence is suspended, the court may place the offender upon supervised probation if the offender agrees, as a condition of probation, to perform 240 hours of community service work collecting or picking up litter and trash on the public roads, streets, and highways, under conditions specified by the court.
Soliciting for prostitutes is the soliciting, inviting, inducing, directing, or transporting a person to any place with the intention of promoting prostitution.
Usually, it is harder for the prosecution team to prove that the said person was soliciting than prostituting. This occurs because he has to prove that the accused offered an invitation or even advertised to meet up for sexual acts.
Let us use an example.
A company may come online and state that its services include offering companionship to clients. In this case, a prosecutor can’t say that someone that solicited the services of this company committed a crime. He has to prove further.
To the accused, he could have merely wanted companionship. He could have wanted someone he could talk to, go to events with and dine with. There is nothing wrong with that.
The prosecution team has to show that John knew that the company was offering prostitution services and wanted that service.
A person that has solicited a prostitute is someone that has reached an arrangement to offer money or incentives for sex. He could have handed money over to the prostitute. He could have fixed a location. If you are arrested for soliciting a prostitute charge, you need a defense attorney to represent you.
If the prosecutor can’t prove that it was solicitation, he or she may decide to prove attempted solicitation. In this case, the prosecutor may make use of circumstantial evidence. It could be that the john had a large amount of money when he was arrested. It could be that the john went to buy condoms. It could be that the john was caught in a place where prostitution is known to occur.
Usually, this crime comes with a lighter sentence but you should never take it for granted.
Punishment For Soliciting Prostitution
There is usually a jail time for soliciting prostitution, and this is one reason that you should never take this for granted. The jail time for soliciting prostitution is usually dependent on if the person solicited for is underage or not. Is the accused a first offender or a repeat offender? Whether you are a first-time offender or not, if you don’t have a prostitution attorney representing you, you may end up getting maximum jail time for soliciting prostitution.
Like earlier mentioned, in a number of jurisdictions, solicitation is treated as a misdemeanor. The same can be said for the production charge. You could end up with one year in jail and a $1,000 fine.
If the crime occurred in a car, you could have your driver’s license suspended.
You may be forced to attend sex addiction treatment. In other cases, it could be counseling.
If the said prostitute is an underage one, the penalties are usually more stringent. You will have to register as a sex offender.
If you are a first-time offender and you have a defense attorney to help you, you may end up with minimum jail time and fine or one of the above. If you are a repeat offender, the penalties may be more stringent than the above.
Usually, the prostitution trafficking violations can lead one to spend from 5 to 10 years in prison. The fines could also be large.
Sometimes, your attorney may be able to have your punishment reduced. If you are a first-time offender, he or she could ask that you be placed in a diversion program. Here, you will go on an educational course. Your attorney could also ask for a smaller fine and some other conditions. Whether you get these may be dependent on some factors.
When you are done with these obligations, the charge against you is dropped.
Sometimes, the attorney may have your case reduced to something that is lesser and has been stripped of the sexual aspect. It could be reduced to trespassing or disturbing the peace. You may not have to be seen or registered as a sex offender if this occurs.
Jail Time and Fines for Soliciting Prostitutes
If convicted of soliciting for prostitutes the defendant could be fined not more than $750, imprisoned for not more than 6 months, or both.
If convicted of a second or subsequent offense for the crime of soliciting for prostitutes the defendant could be fined not less than $1500 nor more than two thousand dollars, imprisoned for not more than one year, or both.
If convicted of soliciting for prostitutes when the person being solicited is under the age of 18 years shall be fined not less than $3000 dollars nor more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
If convicted of soliciting for prostitutes when the person being solicited is under the age of 14 years shall be fined not less than five thousand dollars nor more than seventy-five thousand dollars, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.
Is Prostitution Legal In Louisiana?
Many people see prostitution as the oldest profession, and we can’t help but feel that it is true. Prostitutes are called numerous names, from call girl, escort girl to a streetwalker. Whatever the name may be, prostitution is illegal in almost every state in the United States.
Prostitution is seen as exchanging money or incentive for a sexual act. As long as you offer money or incentives, agree to offer it, or get involved in a sexual act, you have broken escorting laws.
You may ask yourself questions like, ‘is prostitution legal in Arizona?’, ‘is prostitution legal in Louisiana?’ The answer to both questions is ‘no’.
Prostitution is seen as a crime in every part of the country, apart from Nevada. Is prostitution legal in Louisiana? No. For now, it is not.
In Nevada where it is legalized, it is regulated. You have to follow the regulations set aside to ensure that you don’t fall short.
Different states have different punishments for soliciting prostitution. How long can you for jail for prostitution or soliciting is dependent on the state that you are in and the conditions concerning the crime you committed. Louisiana is specifically tough on prostitution cases. Judges and prosecutors try to put defendants in jail for prostitution very often.
Can I Get Charged with Soliciting Prostitution Online If I Never Meet Them in Person?
A lot of people are of the opinion that one has to carry out a sexual activity before they can be arrested and charged for prostitution charges. They feel that soliciting doesn’t exist.
If you ask some Americans why people get arrested for soliciting even when they didn’t engage in sexual acts, they won’t be surprised. They don’t understand why this occurs. You can be charged for soliciting prostitution online in some cases. We will talk about that as time goes on.
It is important to note that you can be charged to court for soliciting prostitution online in a lot of instances. In a state like Washington, the prostitution laws are created in such a manner that officers can easily create sting operations to get those that solicit for prostitutes. This can be said for Louisiana.
It is important to note that anyone that is out there selling their sexual favors or acts may not be a prostitute but an undercover officer trying to ensnare Johns.
It doesn’t matter if you made the agreement to meet for sex in exchange for money or favors online or on the phone, it can be seen as soliciting in many states.
Anyone that has been accessed of slouching prostitution online or offline should never take the charge for granted. This can mar your reputation and send you to prison. The first thing that you should consider doing is keeping mute and contacting a defense attorney to represent you.
If you have a defense attorney that understands the prostitution law of Louisiana, he can help you build up a defense. He could plead that there was a misunderstanding of what was happening, or you weren’t in the right place.
Carl Barkemeyer, a prostitution lawyer, may be able to help you.
You Are Not Expected To Meet Someone In Person Before You Can Be Charged With Solicitation
With the coming of the internet, a lot of things have changed. Businesses have gone online and the same can be said for prostitution.
Before you could only get prostitutes on the street, hence potential clients had to walk the street looking for them. Now, meetings are done via our mobile devices.
There are a lot of websites that are cunningly used to engage these meetings and law enforcement agencies to know this. This is why it is common to see them hold sting operations online. That too has gone digital.
You may think that you are chatting with an escort service, while in fact, you are chatting with a bunch of undercover cops waiting for you to solicit for prostitution online. You may think that you are chatting with potential clients online, when in fact, you are chatting with undercover cops that are looking for a way to ensnare you.
If you have been busted for solicitation, prostitution, or even pimping online, you should never take it for granted. Do not think that the fact that it was done online means that you can go scot-free and the charge won’t stick.
Police officers are within their rights to act as sex workers online via sex ads to catch Johns, and if they catch anyone, such persons are charged for soliciting a prostitute charge, not minding that they didn’t leave their house.
Do not think that you can log out of your device and hide. They will track you down. Immediately you have been busted, don’t wait for them to look for you. Contact a prostitution lawyer immediately.
According to the escorting laws, you can be charged for solicitation any time you have offered to give a fee or incentive for sexual acts. It doesn’t matter if the sexual acts will happen immediately or later. It doesn’t matter if the fee is paid now or in the future. It doesn’t matter if it is monetary payment or some other type of payment.
As for prostitution, you can be charged for prostitution if you have agreed to a proposal to have sex for money or some other type of incentive.
The prostitution laws in New Orleans and the rest of Louisiana are written in such a way that officers can arrest you before any sexual act is done.
The laws do not state that both parties must meet in person before the crimes can be committed.
Any prosecutor can use the fact that you made the agreement via the internet, phone call or message that you wanted sexual acts for monetary gains. It has made the job of law enforcement officers and prosecutors easier.
What Happens When You Are Involved In Soliciting For Prostitution Online?
Normally, the officers will wait for you to come to them. They will set a time and place for you. In your mind, you will think that you are meeting a real prostitute. Immediately you reach the venue, you are arrested. This is usually what they do because it is a lot easier for them.
They rarely ever trace your IP address and try to get a warrant for your arrest. They only do this a lot when you have solicited for an underage prostitute.
Sting Operation or Prostitution Entrapment?
Like earlier mentioned, it is not new that police officers carry out sting operations to catch those soliciting for prostitution online, as well as prostitutes.
The defense might try to show that the soliciting a prostitute charge was an entrapment instead of a sting operation, while the prosecution side will want to show that it was the opposite. The prosecution team will want to show that the officer was only online taking part in what the accused person was doing.
For a sting to stick, it should show that there was a criminal intent to commit a crime. It should uncover the illegal things that are occurring online in different groups and chatrooms.
The defense team can go ahead to prove that it was entrapment. They try to show that the officer decided to make use of some words in a bid to entice the accused in saying things that he won’t have said normally. If the evidence on the ground, usually the words exchanged, showed that the accused was forced or enticed into saying some things, it is seen as entrapment.
What You Should Do and Not Do When Arrested For A Prostitution Crime?
If you or your loved one has been arrested for a prostitution crime, it is important that you do not take it for granted, whether it is felony or misdemeanor.
You could have records tainted. People tend to run away from those that they see as sex offenders. You do not want to end up on a sex offender list. What if the thought of being arrested and thrown into jail?
Immediately you are arrested, ask for your attorney. The officer may want to get a confession from you or get you talking, keep mute. In a sting operation, a confession may not be needed, but if you give one, it could be the last nail that closes your casket shut. Ask for Carl Barkemeyer, Criminal Defense Attorney to represent you.
Do not threaten the officer with your title or people that you may know.
Do not apologize or try to talk your way out of it. If you keep talking, you may end up digging a deeper hole for yourself. You may end up adding more charges to your crime. If you apologize, it is seen as admitting the crime. Keep mute.
Do not run or resist arrest. Resisting arrest is another criminal offense on its own. If the prostitution charge is dropped, you may end up being tried by this one.
If you are caught soliciting for sex in front of your house, do not agree to the officers searching your house. Do not tell the officers to allow you to take something from your home or talk to someone in your house, it could be seen as giving them permission. Contact Carl Barkemeyer immediately.
La RS 14:83.1 – Inciting Prostitution
Inciting prostitution is another criminal charge that is related to prostitution. This charge is reserved for those who help operate a business for prostitution. It is not necessarily the pimp. The pimp who be charged with Pandering. This might be the lady that works at the front desk in the massage parlor. Technically, inciting prostitution is the aiding, abetting, or assisting in an enterprise for profit in which:
(1) Customers are charged a fee for services which include prostitution, regardless of what portion of the fee is actually for the prostitution services,
(2) When the person knows or when a reasonable person in such a position should know that such aiding, abetting, or assisting is for prostitution, and
(3) When the proceeds or profits are to be in any way divided by the prostitute and the person aiding, abetting, or assisting the prostitute.
Penalties for Inciting Prostitution
- Fine not more than $1000 or imprisoned for not more than 1 year, or both.
- If the defendant was inciting prostitution of persons under the age of eighteen years, he/she shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
- If the defendant was inciting prostitution of persons under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.
Seizure of Assets
When an arrest has been made for Inciting Prostitution in Louisiana, the police officers may seize any proceeds (cash) from the prostitution. They can also take computers, cell phone, video tape, etc. The law allows them to confiscate many items and not return them.
La RS 14:83.2 – Promoting Prostitution in Louisiana
Promoting prostitution is a criminal charge that the “Madame” of a massage parlor would face. It is the knowing and willful control of, supervision of, or management of an enterprise for profit in which customers are charged a fee for services which include prostitution, regardless of what portion of the fee is actually for the prostitution services. The Madame is the one who controls the operation of the business. She may pay the expenses and “legitimize” the business. This is a more serious charge as it is a felony.
Penalties for Promoting Prostitution
- Fine not more than $5000 or imprisoned with or without hard labor for not more than 2 years, or both.
- If promoting prostitution of persons under the age of eighteen years, the defendant shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
- If promoting prostitution of persons under the age of fourteen years, the defendant shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
- Also, the court shall order that the personal property used in the commission of the offense, or the proceeds of any such conduct, shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney, or otherwise distributed or disposed of, in accordance with R.S. 15:539.1.
- The personal property made subject to seizure and sale may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media, and currency, instruments, or securities.
La RS 14:83.3 – Prostitution by Massage
Prostitution by massage is one of the most common crimes we defend. It is the erotic stimulation of the genital organs of another by any masseur, masseuse, or any other person, whether resulting in orgasm or not, by instrumental manipulation, touching with the hands, or other bodily contact exclusive of sexual intercourse or unnatural carnal copulation, when done for money.
Most of the arrests occur in Asian massage parlors. The undercover officer will go in and get a massage. He will then make a deal with the masseuse for a “happy ending.” Then, many officers will come in and make arrests and seize money. Sometimes, the officer will use his phone to record the interaction. Other times, officers will confiscate the surveillance video of the parlor and try to use that against the defendant later in court.
Penalties: if convicted of prostitution by massage the defendant can be fined not more $500 or imprisoned not more than 6 months, or both.
La RS 14:83.4 – Massage; sexual conduct prohibited
This is the Louisiana criminal charge against the masseuse for improper sexual conduct when money is not even involved. Therefore, it could be actions done by the masseuse without consent of the customer, as opposed to Prostitution by Massage which requires the sexual conduct to be done for money. It is a violation of the statute for any masseur, masseuse, or any other person, while in a massage parlor or any other enterprise used as a massage parlor, by stimulation in an erotic manner, to:
(1) Expose, touch, caress, or fondle the genitals, anus, or pubic hairs of any person or the nipples of the female breast; or
(2) To perform any acts of sadomasochistic abuse, flagellation, or torture in the context of sexual conduct.
Penalty: fine of not more than $500 or imprisoned for not more than 6 months, or both.
La RS 14:84 – Pandering
Pandering in Louisiana is known as “pimping.” The defendant charged with Pandering is accused of running a prostitute. Usually, the case comes from the prostitute. She will tell the police about him to get a deal cut on her prostitution or drug charge. Once the police apprehend the “pimp,” they will question him about the details of their arrangement, further trying to build their case against him for Pandering. Pandering can be the following:
(1) Enticing, placing, persuading, encouraging, or causing the entrance of any person into the practice of prostitution, either by force, threats, promises, or by any other device or scheme.
(2) Maintaining a place where prostitution is habitually practiced.
(3) Detaining any person in any place of prostitution by force, threats, promises, or by any other device or scheme.
(4) Receiving or accepting by a person as a substantial part of support or maintenance anything of value which is known to be from the earnings of any person engaged in prostitution.
(5) Consenting, on the part of any parent or tutor of any person, to the person’s entrance or detention in the practice of prostitution.
(6) Transporting any person from one place to another for the purpose of promoting the practice of prostitution.
Penalties for Pandering
- Fine of not more than $5000, imprisoned with or without hard labor for not more than 5 years, or both.
- Whoever commits the crime of pandering involving the prostitution of persons under the age of 18 years shall be fined not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
- Whoever commits the crime of pandering involving the prostitution of persons under the age of 14 years shall be fined not more than $75,000, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.
La RS 14:85 – Letting premises for prostitution
Letting premises for prostitution is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with such knowledge. Therefore, if a property owner is collecting rent from someone and knows they are committing prostitution in that building and that is the purpose of the lease, the property owner could be facing this charge.
Penalties for Letting Premises for Prostitution
- Fine of not more than $500, imprisoned for not more than 6 months, or both.
- Whoever commits the crime of letting premises for prostitution of persons under the age of 18 years shall be fined not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
- Whoever commits the crime of letting premises for prostitution of persons under the age of 14 years shall be fined not more than $75,000, imprisoned at hard labor for not less than 25 years nor more than fifty years, or both.
La RS 14:86 – Enticing persons into prostitution
Enticing persons into prostitution is committed when any person over the age of seventeen entices, places, persuades, encourages, or causes the entrance of any other person under the age of 21 into the practice of prostitution, either by force, threats, promises, or by any other device or scheme. Lack of knowledge of the other person’s age shall not be a defense.
- Whoever commits the crime of enticing persons into prostitution shall be imprisoned, with or without hard labor, for not less than 2 years nor more than 10 years. This is a felony charge.
- Whoever commits the crime of enticing persons into prostitution when the person being enticed into prostitution is under the age of 18 years shall be fined not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
- Whoever commits the crime of enticing persons into prostitution when the person being enticed into prostitution is under the age of fourteen years shall be fined not more than $75,000, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.
It is not a defense to prosecution for a violation of this Section that the person being enticed consented to the activity.