What is prostitution?
Prostitution is when a person performs or offers or consents to perform a sexual act for money or other items of value. O.C.G.A. §16-6-9.
The statute is not about sexual activity per se but is solely concerned with commercial transactions involving sexual activity. The harm is done to society and not to the individual. Therefore, the State is not required to name the person solicited for prostitution.
Both males and females are prohibited from selling sexual acts. Prostitution is only concerned with the seller. The buyer’s activities are not prostitution.
Is prostitution a misdemeanor or felony?
Prostitution is a misdemeanor and is punished up to 1 year imprisonment. In addition, a person may be fined up to $ 2,500 for prostitution if the offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is primarily used of people under the age of 17.
What is pimping?
Pimping is when a person performs any of the following acts:
- Offers or agrees to procure a prostitute for another;
- Offers or agrees to arrange a meeting of persons for the purposes of prostitution
- Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
- Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
- Aids or abets, counsels, or commands another in the commission of prostitution or aids of assists in prostitutions where the proceeds or profits derived therefrom are to be divided on a pro rata basis.
An indictment for pimping does not need to name the prostitute or the person solicited because the focus is on the harm done to society.
Misdemeanor or felony?
Pimping is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pimping involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.
What is pandering?
Pandering is when a person solicits another person to perform an act of prostitution in his or her own behalf or on behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
Pandering is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pandering involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.
The clerk of court in which a person is convicted of pandering must cause to be published a notice of conviction for that person in the legal organ of the county in which the person resides or, if a nonresident, in the legal organ of the county in which the person was convicted of pandering.
What do I do?
It is imperative that you do not talk to the police if you are accused of prostitution, pimping or pandering. Only speak to a qualified attorney so that you can properly defend yourself.
I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.
It is your life, your criminal record and you deserve the best representation possible.