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Prostitution

Prostitution is simply a misdemeanor and usually can be handled with little to no jail time as a result, but the prostitute is not the only one that can be charged with prostitution. Anyone that encouraged and maintained the business of prostitution can be charged under other types and can lead to a felony which is much more severe then a misdemeanor. At the Law Office of Amanda Gentry, we are prepared to handle such cases with experienced representation, clear understanding of the law, and straightforward honesty that gives you peace of mind about how the case is being handled.

What is Prostitution?

There are many types of charges against prostitution but only two deal with charging a prostitute which are prostitution and aggravated prostitution. The definition of prostitution as found in § 39-13-512:

  1. Is someone that offers or uses sexual activity as a means of business.
  2. This is classified as a Class B misdemeanor which means:
    1. A sentence not to exceed 6 months
    2. A maximum fine of $500
What is Aggravated Prostitution?

Aggravated prostitution does not deal with if violence is involved like most aggravated charges however it is still a felony and is treated much more severely than ordinary prostitution.

The Elements of Aggravated Prostitution according to § 39-13-516 are:

  1. One engages or uses sexual activity as a business AND
  2. That person knows that they are infected with HIV

This charge differs from prostitution in that the person must engage in sexual activity and know they have HIV. Prostitution does not need to engage in sexual activity to be considered prostitution but merely offering the service is enough.

What is the Penalty for Aggravated Prostitution?
  1. This offense is a Class C felony meaning:
    1. A sentence range between 3-15 years
    2. Maximum fine of $10,000
  2. This will also put you on the Sexual Offender Registry (SOR).
What other types of prostitution are there?

There are not any more charges against prostitution itself but rather the system in place around it which includes patronizing prostitution, promoting prostitution, promoting travel for prostitution, and trafficking for commercial sex. All of which have to potential to land one on the (SOR).

  1. Patronizing Prostitution is the charge aimed at the one that hired the prostitute. § 39-13-512
    1. It is a Class A misdemeanor meaning:
      1. i. Less then 11 months and 29 days in jail
      2. ii. Maximum Fine of $2,500
  2. Promoting Prostitution means behavior that furthers the business of prostitution such as managing a brothel, finding patrons, or encouraging someone to be a prostitute among other actions. § 39-13-512
    1. This is a Class E felony:
      1. i. Range 1-6 years
      2. ii. Maximum $3,000
    2. This will put you on the (SOR).
  3. Promoting Travel for Prostitution simply means selling or offering a ride with the intent for prostitution to occur. § 39-13-533
    1. This is a Class D felony:
      1. i. Range 2-12 years
      2. ii. Maximum $5,000
  4. Trafficking for commercial sex is when someone subjects another person to prostitution for their one gain or obtains someone to use in prostitution. § 39-13-309
    1. This is a Class B felony:
      1. i. Range 8-30 years
      2. ii. Maximum $25,000
    2. This will put you on the (SOR).
What is the Sexual Offender Registry (SOR)?

It is a database maintained by the TBI that compiles information available to the public about those found guilty of certain sexual crimes that warrants them being monitored and provides the public with information including an offender’s picture, charge, and location.

Who Has to be on the SOR? § 40-39-212

Only those that commit sexual offenses and specifically the ones found here have to be on the registry. There are two types of people on the registry and they are the regular sexual offenders and the violent sexual offenders. They are subject to the same process of registering and updating the list however the violent sexual offenders will be on the list for life whereas the regular offender is eligible for removal after 10 years. § 40-39-207.

Sexual OffenseFelony ClassSentencing RangeMaximum FinesTCA Code
Sexual BatteryClass E Felony1-6 years$3,000§ 39-13-505
Statutory RapeClass E Felony1-6 years$3,000§ 39-13-506
Aggravated ProstitutionClass C Felony3-15 years$10,000§ 39-13-516
Sexual Exploitation of a MinorClass D-B Felony2-12
3-15
8-30
($5,000)
($10,000)
($25,000)
§ 39-17-1003
False Imprisonment of a MinorClass A Misdemeanor<1 month 29 days$2,500§ 39-13-302
Kidnapping of a MinorClass C Misdemeanor3-15 years$10,000§ 39-13-303
Indecent ExposureClass E Felony1-6 years$3,000§ 39-13-511
Solicitation of a MinorClass E Felony1-6 years$3,000§ 39-13-528
Aggravated Statutory RapeClass D Felony2-12years$5,000§ 39-13-506(c)
Soliciting Sexual Exploitation of a MinorClass E
C
B Felony
1-6
3-15
8-30
($3,000)
($10,000)
($25,000)
§ 39-13-529
Promotion of ProstitutionClass E Felony1-6 years$3,000§ 39-13-515
Observation without ConsentClass E Felony1-6 years$3,000§ 39-13-607
Unlawful PhotographingClass E
D Felony
1-6
2-12
(3,000)
(5,000)
§ 39-13-605
Sexual Contact with InmatesClass E Felony1-6 years$3,000§ 39-16-408
Aggravated Rape*Class A Felony15-60 years$50,000§ 39-13-502
Rape*Class B Felony8-30 years$25,000§ 39-13-503
Aggravated Sexual Battery*Class B Felony8-30 years$25,000§ 39-13-504
Rape of a Child*Class A Felony15-60 years$50,000§ 39-13-522
Aggravated Sexual Exploitation of a Minor*Class C
B Felony
3-15
8-30
($10,000)
($25,000)
§ 39-17-1004
Especially Aggravated Sexual Exploitation of a Minor*Class B Felony8-30 years$25,000§ 39-17-1005
Aggravated Kidnapping of a Minor*Class B Felony8-30 years$25,000§ 39-13-304
Especially Aggravated Kidnapping of a Minor*Class A Felony15-60 years$50,000§ 39-13-305
Sexual Battery by an Authority Figure*Class C Felony3-15 years$10,000§ 39-13-527
Solicitation of a Minor*Class E Felony1-6 hours$3,000§ 39-13-528
Criminal Exposure to HIV*Class C Felony3-15 years$10,000§ 39-13-109(a)(1)
Statutory Rape by an Authority Figure*Class B Felony8-30 years$25,000§ 39-13-532
Incest*Class C Felony3-15 years$10,000§ 39-15-302
Aggravated Rape of a Child*Class A Felony15-60 years$50,000§ 39-13-531
Trafficking for Commercial Sex*Class B
A Felony
8-30
15-60
($25,000)
($50,000)
§ 39-13-309
Promotion of Prostitution*Class E Felony1-6 years$3,000§ 39-13-515
Continuous Sexual Abuse of a Child*Class C-A Felony3-15
8-30
15-60
($10,000)
($25,000)
($50,000)
§ 39-13-518

*Violent Sexual Offenses

Felony / Misdemeanor ClassSentencing RangeMaximum Fines
Class A Felony15-60 years$50,000
Class B Felony8-30 years$25,000
Class C Felony3-15 years$10,000
Class D Felony2-12 years$5,000
Class D Felony2-12 years$5,000
Class E Felony1-6 years$3,000
Class A Misdemeanor<11 months 29 days$2,500
Class B Misdemeanor<6 months$500
Class C Misdemeanor<30 days$50
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