Solicitation involves demanding, requesting, or encouraging another person to commit a crime, such as prostitution, by aiding or facilitating their actions.
It’s crucial to understand that solicitation charges can be filed even if the crime does not take place or if the person declines the request.
Under MCL 750.448, it is illegal for anyone over the age of 16 to approach, solicit, or invite another person in a public space, from a building, or from a vehicle for the purpose of prostitution or any other immoral or lewd act. This prohibition applies regardless of whether the communication is verbal, gestural, or transmitted through text messages and voicemails.
Solicitation Of Prostitution
Prostitution involves an individual accepting money in exchange for performing sexual acts. Solicitation refers to the act of propositioning another person to engage in sexual acts for money.
The key difference is that solicitation requires the prosecution to demonstrate intent to commit a crime, whereas prostitution necessitates actual engagement in the sexual act.
According to Mich. Comp. Laws § 750.451, anyone who engages or propositions another to participate in the lewd act of prostitution in exchange for money or other favors is guilty of solicitation.
Before 2014, Michigan law defined solicitation in a way that assigned gender roles to the offense, meaning a male offering money or favors to a female with the intent of engaging her in prostitution would be found guilty. The law has since been rewritten to eliminate this gender bias, allowing women who proposition men for prostitution to also be charged with solicitation. Currently, the focus is on the negotiation for services, with the critical element being the offer and the discussion of payment in relation to the prostitution-related offense.
Penalty
For a charge to be brought, at least two individuals must be involved: the one soliciting and the one being solicited.
A solicitation conviction can be classified as either a misdemeanor or a felony, depending on whether it is a first, second, or subsequent offense.
Under Michigan Penal Code Act 328 of 1931, Section 750.449a, a first offense for solicitation is a misdemeanor, punishable by a maximum of 93 days in jail, a fine of up to $500, or both.
A second offense remains a misdemeanor, resulting in up to 12 months in county jail, a maximum fine of $1,000, or both. However, a third or subsequent conviction escalates to a felony, which can lead to imprisonment for up to 2 years, a fine of up to $2,000, or both.
If convicted under Section 750.449a(2) for soliciting a minor, the offense is classified as a Tier I offense under SORA, which means the offender must register as a sex offender.
Anyone accused of solicitation may be charged under Michigan Penal Code Act 328 of 1931, Section 750.449, which makes it illegal for anyone over the age of 16 to admit another person into a building, house, or vehicle for the purpose of prostitution.
A conviction for offering to engage in prostitution or for admitting someone into a building, house, or vehicle for that purpose will result in a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.
Defense
Solicitation charges are often based on police observation or a police sting operation.
One potential legal defense against a solicitation charge is that what the officer perceived as solicitation was not, in fact, solicitation and that there was no exchange of money for sex.
If an arrest occurred during a police sting operation, entrapment could be a viable defense.
If there was any element of enticement by an officer during the sting, an experienced defense lawyer specializing in human trafficking and sex crimes could leverage entrapment as a key defense strategy. Officers involved in stings are expected to refrain from enticing individuals to commit prostitution or other crimes, instead waiting for a suspect to initiate the offense.
If the prosecutor can demonstrate beyond a reasonable doubt that money was exchanged, a possible defense could argue that the purpose of the transaction was not to solicit sex.
Common Questions
What if this is my first or second offense? The first two times a person is charged for solicitation, the charge is a misdemeanor that can lead to up to 93 days in jail and a fine of up to $500. The person might also have to register as a sex offender and may have to serve time on probation or do community service.
What if this is my third offense? On a third offense, the charge is a felony.
Contact Kirsch Daskas Law Group
You can reach Kirsch Daskas law group by calling us at 248-792-3060. Our law firm ensures that all of your rights are upheld, irrespective of the criminal charges against you.
