Is Solicitation of a Sexual Act a Felony?

The solicitation of prostitution is a crime in Tennessee that is generally charged as a misdemeanor. This does not, however, mean that the charge isn’t serious or that it won’t seriously affect your future. Additionally, there are solicitation charges that reach the felony level in the state. If you’ve been accused of solicitation, having an experienced Tennessee criminal defense attorney in your corner can make a significant difference in the outcome of your case, which can make a significant difference in your future.

Solicitation of a Prostitute

Solicitation of a prostitute refers to illegally engaging in or offering to engage in sexual activity as a business proposition, which defines prostitution. Hiring or soliciting someone else with the purpose of engaging them in prostitution is a crime – regardless of whether the involved parties ultimately engage in sexual activity or not. The charge also extends to entering or remaining at a location where prostitution or the promotion of prostitution regularly occurs under another person’s control.

The charge of solicitation of a prostitute or patronizing prostitution is generally levied as a Class A misdemeanor, which carries up to a year in jail and fines of up to $2,500. If, however, the accused is near a school at the time, a conviction carries a mandatory minimum sentence of 7 days in jail and a fine of $1,000.

Solicitation of a Minor

The charge of solicitation of a minor is a more complex and more serious charge that is brought as a felony. Solicitation of a minor refers to any communication with a minor – made by any means – that regards sex or sexual acts. The kinds of sexual acts or interactions that the solicitation references can include any of the following:

• Rape, rape of a child, statutory rape, or aggravated rape
• Sexual battery, sexual battery by an authority figure, or aggravated sexual battery
• Trafficking for commercial sex acts
• Patronizing or promoting prostitution
• Aggravated sexual exploitation of a minor

In Tennessee, the level of the solicitation of a child charge directly relates to the act solicited, and the charge is reduced by one level. Thus, if the accused solicited rape of a child, which is a Class A felony, the solicitation charge is brought as a Class B felony, which carries 8 to 30 years in prison and fines of up to $25,000.  

Seek the Legal Guidance of an Experienced Tennessee Sex Crimes Defense Attorney

If you are facing a charge regarding the solicitation of a sex act, a conviction can be life-altering, and bringing your strongest defense from the start is paramount. Josh Crain at The Law Offices of Joshua T. Crain is a trusted Tennessee criminal defense attorney who recognizes the gravity of your situation and is committed to harnessing the full force of his nearly 20 years of imposing experience in focused pursuit of an optimal outcome. Learn more about what we can do to help you by contacting us online or calling 615-903-4998 today.