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Mark Broughton > Sex Crimes > Prostitution/ Solicitation
Mark Broughton > Sex Crimes > Prostitution/ Solicitation

What is Prostitution/Solicitation?

Prostitution and solicitation is the exchange of money or goods or services for sex or lewd conduct. The sex or lewd conduct do not have to take place in order to be guilty of this crime.
Soliciting prostitution is when someone requests that another person engages in a prostitution act and they intend to engage in a prostitution act with the other person.

In order to be guilty of prostitution or solicitation the following elements have to be true:

  • Pay or accept money, goods, or services in exchange for sex or lewd conduct
  • Make an offer to engage in a prostitution act
  • Agree to engage in a prostitution act
  • Owning a house or operating a motel where prostitution takes place


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Penalties for Prostitution or Solicitation

Prostitution and solicitation are always misdemeanors, but the penalties depend on whether it is a first-time or repeat offense and where it took place. On the first offense, there is a possibility of imprisonment and a fine. For the second or third offense, there is a mandatory minimum incarceration time.

Prostitution or Solicitation in a Car or Residential Area

In addition to incarceration time and/or a fine, the following penalties are added if prostitution or solicitation occurred while using a car and within 1,000 feet of a residence.

  • The defendant’s driver’s license will be suspended for up to 30 days, or
  • The defendant will be issued a restricted license for up to 6 months.

Legal Defenses for Prostitution/Solicitation

Entrapment is when a police officer causes someone to commit a crime that would otherwise abide by the law. This is very common when police officers go undercover to try to catch prostitutes and solicitors. Any badgering, flattery, coaxing, repeated requests, bribery, guaranteeing they won’t get caught or it’s not illegal is considered entrapment.

If an agreement to engage in prostitution isn’t recorded, there isn’t a reliable piece of evidence to prove that the agreement ever happened.

There needs to be enough evidence to prove all the elements of the crime. If there’s not enough evidence to prove all of them, then you can’t be convicted of prostitution or solicitation.

You have to intend to engage in a sex act or lewd conduct in order to be guilty of prostitution or solicitation.

Have you been legally accused of committing prostitution or solicitation? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Prostitution/Soliciation Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Sex Crimes, Rape, Kidnapping, Prostitution/Solicitation, and Juvenile Crimes to name a few.

10.0Mark A. Broughton
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About Mark Broughton:

Compassionate, highly experienced, exceptional reputation, ethical and honest:

Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.

He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.

Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.

Other Qualifications:
  • Certified Specialist Criminal Law, State Bar of California
  • Board of Trustees, State Bar of California
  • Chairman, Fresno County Bar Association, Criminal Law Section

Mark Broughton enjoys close relationships with his clients.  He sees every individual’s siuation with compassion and empathy, and believes that every person has the right to a fair trial and is innocent until proven guilty.

Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.

Practice Areas

  • Federal Crime 40%
  • White Collar Crime 20%
  • Violent Crime 20%
  • Criminal Defense 10%
  • Sex Crimes 10%

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