Prostitution Lawyer Kansas City, MO

Prostitution Offenses in the Missouri Revised Statutes

The Missouri Revised Statutes contain an entire chapter dedicated to offenses related to sex work. This chapter outlines the following activities.

Prostitution

Someone commits prostitution by engaging in, offering, or agreeing to sexual conduct in return for something of value.

“Sexual conduct” is defined as sexual intercourse, deviate sexual intercourse, and sexual contact. Sexual intercourse only covers male-female genital intercourse. Deviate sexual intercourse covers all other forms of sexual penetration, including oral, anal, or object penetration. Sexual contact covers all forms of contact between one person and another person’s genitals, anus, or breast.

The statute doesn’t require the act to be consummated — the agreement for an exchange is, by itself, enough to justify charges. This is why prosecutors can secure convictions after sting operations. When the officer has evidence of an agreement, they can arrest a suspect even though no sex act occurred.

While the statutes don’t define “value,” they do state that the thing of value doesn’t need to be given to the sex worker. For example, prosecutors could file prostitution charges against someone who paid money to an escort agency or pimp rather than to the alleged prostitute.

Moreover, the person receiving the thing of value doesn’t need to know the reason. An agreement for sex in exchange for rent would violate the law regardless of whether the money was given to the accused or paid directly to their landlord.

Promoting Prostitution

Missouri law prohibits activities that materially support or promote sex work, such as the following:

• Owning or managing an online service that facilitates sex work
• Managing a business with multiple sex workers
• Procuring customers for sex workers
• Operating a location for sex work
• Facilitating sex work by advertising, transporting sex workers, or otherwise assisting the business

Some types of promotion included in the statute must be provided on behalf of others, while other types can be provided on behalf of oneself or others. Therefore, a sex worker could be prosecuted for promoting their own business or assisting someone else with their business.

Possible Defenses Against Prostitution Charges in Kansas City, MO

Depending on the nature of the alleged offense, the following defense strategies may be available against prostitution charges.

No Agreement or Exchange

Prosecutors bear the burden of proof, which means they must prove every element of the offense to secure a conviction. Under Missouri law, the state must prove that you offered or agreed to sex in exchange for something of value.

The first element, offer or agreement, requires proof that you sought or made a bona fide deal to provide sexual services. Your defense attorney can negate this by showing that there was no offer or agreement.

For example, you might have been joking when you made the “offer,” or a police officer or customer might have misinterpreted or misunderstood what you said.

The second element requires an exchange of sexual services for something of value. If you didn’t receive or demand anything for your sexual services, you didn’t break the law. For instance, a couple in a romantic relationship might have intertwined finances, but that doesn’t mean one provides sexual services to the other for something of value.

Without an exchange, there’s no violation, regardless of the actual reason for the sex act. In other words, your lawyer doesn’t need to prove that you and the other person like each other. They just need to show that you weren’t paid for sex.

Minor

Minors are exempt from prosecution. Specifically, anyone under 18 can’t be certified as an adult or adjudicated as a delinquent under the prostitution statute. Instead, the accused is classified as an abuse victim and referred for services, treatment, and other assistance to identify anyone who may have abused or trafficked them.

The basis of this defense is a lack of intent. Since minors can’t consent to sex, they necessarily can’t have the intent to provide sexual services for money.

Trafficking Victim

Pursuant to the federal Trafficking Victims Protection Act of 2000, Missouri has implemented a law that exempts trafficking victims from prosecution.

This is an affirmative defense, which means the accused has the burden of raising and proving it. However, your attorney can provide evidence that you were coerced into sex work by unlawful force or threats of force.

Entrapment

An entrapment defense may be possible if you were caught in a sting operation. Entrapment occurs when an individual has no predisposition to break the law, but a police officer coerces them into doing so.

For example, suppose that an undercover officer posing as a drug dealer offers to give you drugs if you have sex with them. This transaction fits the definition of prostitution because of the exchange of sex for drugs. However, your attorney could argue that you were entrapped by the officer who used your drug dependency to coerce you into sex.

Punishment Upon Conviction for Prostitution in Missouri

Missouri law gives judges several sentencing options. These options recognize that these offenses in question are often victimless and, in many cases, the result of economic hardship, abuse, trafficking, or substance use.

Prostitution is a relatively low-level misdemeanor or felony, depending on the circumstances. As a result, judges have the discretion to sentence any offender, including repeat offenders, to probation.

Moreover, the statute specifically allows a judge to sentence an offender to drug and alcohol treatment after a guilty verdict or plea. If the offender completes treatment, the judge can change the judgment to not guilty and release the offender without any further punishment.

Kansas City Municipal Court handles misdemeanor cases. This court maintains several diversion programs, including the Women in Need of Change Court (WIN). This court helps rehabilitate women accused of non-violent offenses so they can obtain mental health or substance assistance without creating a record of their criminal conduct.

Those who are ineligible for diversion programs may be sentenced as follows: