Michigan Criminal Attorneys Blog
In Michigan, there are a number of crimes related to Prostitution:
Engaging or Offering to Engage Services of Female (MCL 750.449a) provides that any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness, or assignation, by the payment of money or other forms of consideration, is guilty of a misdemeanor. Prostitution is not limited to sexual intercourse, and applies to a number of sexual acts. The penalty for this offense is a misdemeanor conviction that carries a possible jail sentence of up to 90 days or a maximum fine of $500, or both. This particular offense does not require registration as a sex offender under the Michigan Sex Offenders Registration Act. The possible penalty, if an automobile is involved, is vehicle forfeiture. The exception to this statute is that it does not apply to a police officer in the performance of his or her duties pursuant to MCL 750.451a. This offense is charged as either a local ordinance or under state law.
Some local communities and cities have a mandatory minimum sentence upon conviction. In Detroit, for example, this offense is prosecuted under a local ordinance that provides for a jail term upon conviction. An experienced criminal defense lawyer is often able to overcome this harsh result.
Soliciting and Accosting applies in prostitution cases regardless of the sex of the persons involved. MCL 750.448 provides that a person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in MCL 750.451. A first offense violation for Soliciting and Accosting is a misdemeanor that carries a possible jail sentence of up to 93 days, a fine of up to $500, or both. Pursuant to MCL 750.451(4) a state prosecutor or the attorney general’s office can seek an enhanced sentence if the Defendant has a prior conviction for the same conduct. A Defendant who has one or more prior convictions, and if the prosecutor or attorney general’s office provides proper notice, can be charged with a felony offense that carries possible imprisonment of up to 2 years, a maximum fine of $2,000, or both. If the alleged victim is a minor, the offense is a Tier II listed offense under the Michigan Sex Offender Registration Act. The possible penalty, if an automobile is involved, is vehicle forfeiture. This offense also can be charged as either a local ordinance or under state law.
Pandering, pursuant to MCL 750.455, makes it illegal to knowingly and intentionally force, persuade, encourage, or trick a victim to become a prostitute. Under this statute it is also illegal to knowingly and intentionally take, give, or agree to give money or anything of value for making or attempting to make a victim become a prostitute. This offense can be committed even if the Defendant is unsuccessful in his alleged attempt to induce a person to become a prostitute. Also, the purpose for this statute is to punish a person who is not a prostitute to become a prostitute – it is not designed to punish a person who induces a person who is already a prostitute or who is reasonably believed to already be a prostitute. Pandering, under MCL 750.455, is a felony punishable by imprisonment for not more than 20 years. It is also a Tier II listed offense under the Michigan Sex Offenders Registration Act. The possible penalty, if an automobile is involved, is vehicle forfeiture
Other Prostitution related offenses include: Admitting to Place for Purpose of Prostitution (MCL 750.449); Male Person Engaging Services for Purpose of Prostitution, Lewdness, or Assignation (MCL 750.449a); Aiding and Abetting (MCL 750.450); Keeping a House of Ill Fame (MCL 750.452); Leasing Houses for Purposes of Prostitution (MCL 750.454); Placing Wife in House of Prostitution (MCL 750.456); Accepting Earnings of Prostitute (MCL 750.457); Detaining Female in House of Prostitution for Debt (MCL 750.458); Transporting Female for Prostitution (MCL 750.459); Employing Female under 17 in House of Prostitution (MCL 750.462).
Prostitution offenses are sometimes charged in Federal Courts. Federal cases usually involve prostitution related activities that cross state lines, and can involve other offenses such as RICO and tax evasion.
At Hilf & Hilf, PLC we recognize that Prostitution and Prostitution Related Offenses can prove devastating to families and employment. We respect your desire for privacy, and assure your discretion and confidence. The lawyers at Hilf & Hilf, PLC pledge to work hard to obtain the best possible resolution on your behalf – through trial or otherwise.