Prostitution law

Under D.C. Code § 22–2701, a person violates prostitution law when they engage in or agree to engage in sexual acts in exchange for money or anything of value. The key focus is the exchange of value for the sexual act itself. This includes:

• Performing or offering sexual acts for compensation.
• Soliciting or being solicited for such services in public, a crime that ensnares both the individual offering services and the potential customer under prostitution law.
• Operating or managing premises for prostitution.

The prostitution law is deliberately wide-ranging to cover both the consummated act and the preparatory steps of solicitation or agreement.

Offenses related to prostitution law extend to activities surrounding the core crime, targeting those who organize and profit from commercial sex. These offenses often carry much harsher sentences than simple violations of the primary prostitution law statutes. Key related offenses include:

• Pimping or Procuring (D.C. Code § 22–2705): This covers persuading, inducing, or compelling an individual to engage in prostitution.
• Maintaining a House of Prostitution (§ 22–2713): Operating a location specifically for the purpose of facilitating prostitution is a serious charge under D.C. prostitution law.
• Advertising Sexual Services or Maintaining a Digital Platform for Solicitation: D.C. prostitution law seeks to prosecute those who facilitate the crime through online or traditional advertising.
• Transporting Individuals for Sexual Services (“Pandering”): This applies to moving a person for the purpose of having them engage in prostitution.

The D.C. court system is designed to impose significantly enhanced penalties for repeat offenders convicted under prostitution law. For second or subsequent offenses under D.C. Code § 22-2701, courts may impose enhanced penalties, reflecting the greater culpability of recurring criminal behavior. These may include:

• Mandatory minimum sentences, severely limiting judicial discretion.
• Longer probation terms extending beyond the initial sentence, requiring continued supervision.
• Mandatory counseling or community service, designed to address the underlying causes leading to the violation of prostitution law.
• Third or subsequent offenses can result in up to 2 years in prison and higher fines, underscoring the severity of repeat violations.

Aggravating factors increase the severity of the prostitution law violation and can lead to a harsher sentence. Common aggravating factors considered under D.C. prostitution law include:

• Exploitation of minors, which triggers severe mandatory penalties.
• Use of coercion, threats, or drugs to facilitate the violation of prostitution law.
• Operating within designated "Prostitution Free Zones" (formerly active under MPD policy), signaling a blatant disregard for community safety under the prevailing prostitution law.
• A high volume of transactions or evidence of a large, organized operation, indicating greater criminal scope.

Conversely, mitigating factors may persuade a judge to impose a lighter sentence for a prostitution law conviction. Courts may consider the following mitigating factors:

• The defendant has no prior criminal history, indicating a one-time lapse rather than a pattern of violating prostitution law.
• Voluntary participation in rehabilitation or community service before sentencing, showing remorse.
• Demonstrated coercion or victimization by third parties, suggesting the defendant was a victim of human trafficking and not solely culpable under prostitution law.
• Good faith cooperation with the investigation, providing useful information to law enforcement about larger prostitution law networks.
• Evidence of mental health issues or substance abuse that contributed to the offense.

Many arrests for violating prostitution law occur via sting operations or public complaints, requiring careful scrutiny of law enforcement procedures. You may be detained based on circumstantial evidence such as:

• Text messages or online advertisements that suggest solicitation.
• Recorded communication with undercover police officers.
• Presence at a known prostitution location in Washington D.C.
• Retaining legal representation early helps ensure that statements are not self-incriminating and your constitutional rights are preserved during all stages of the investigation concerning prostitution law.

D.C. prostitution law often provides opportunities for individuals charged with their first violation to resolve the case without a permanent criminal record. First Offender Diversion Programs (FODP) or Deferred Sentencing Agreements (DSA) are frequently available for those with no prior record. These alternative resolutions may include:

• Education on the legal and social consequences of violating prostitution law.
• Mandatory counseling or treatment for substance abuse or mental health issues.
• Community service performed over a set period.
• Completion of these programs may ultimately result in the dismissal of charges or the sealing of the arrest record, allowing the individual to avoid the long-term stigma of a conviction under prostitution law. The court's decision on diversion or dismissal is subject to judicial discretion and is not guaranteed upon program completion.