Patronizing Prostitution Lawyer Kansas City, MO

Patronizing Prostitution in the Missouri Revised Statutes

Someone patronizes prostitution when they give or agree to give something of value in return for sexual conduct. The definition of “sexual conduct” includes sexual intercourse, deviate sexual intercourse, and sexual contact.

Sexual intercourse refers to male-female genital penetration. Deviate sexual intercourse covers all other forms of genital, anal, or oral penetration, including penetration using objects. Sexual contact includes most other forms of touching between one person and the genitals, anus, or breast of another.

The value provided can take any form. Money is a common form of value in prostitution cases. However, property or tokens exchangeable for money or property are also recognized. For example, trading drugs for sex would likely meet the definition of patronizing prostitution.

Missouri’s statute outlines the following three specific circumstances in which patronizing occurs.

Prior Understanding

Patronizing happens when someone provides compensation for sexual conduct based on a prior understanding. In this scenario, the agreement precedes the sex act, which, in turn, precedes payment.

For example, a customer might make an appointment with a booker, then show up at the appointed time, have sex, and pay. This sequence of events qualifies as patronizing.

Pre-Payment

Patronizing also occurs when someone gives something of value with the mutual agreement that the other person will engage in a sex act. Thus, someone engages in patronizing when they pay the other person’s rent on the first of the month with the understanding that they’ll meet for sex later in the month.

Solicitation

Someone also patronizes prostitution when they solicit or request a sex act in exchange for something of value. This scenario often arises during prostitution stings. The undercover police officer speaks only in vague terms, such as “having a good time.” When the customer then offers payment for a sex act, they’re arrested for patronizing.

Defenses Against Patronizing Prostitution Charges in Kansas City, MO

Before addressing the possible defenses against charges of patronizing prostitution, it’s helpful to be aware of two defenses that aren’t valid.

The first is consent. Prosecutors can file prostitution charges even if both parties consent to the act. In other words, fully consensual sex acts still constitute prostitution if something of value was given or promised.

Second, you can’t defend yourself by claiming a mistake about the sex worker’s age. The penalties for patronizing a prostitute are significantly harsher if the sex worker is underage. However, a mistake about the other person’s age, even a reasonable one, won’t save you from the enhanced penalties.

Nevertheless, your attorney has several options for defending you against patronizing charges. Some possible criminal defense strategies for these cases include the following.

No Solicitation or Agreement

Prosecutors must prove either an agreement or solicitation for an agreement. You have a valid defense if there was no understanding and no offer to form one.

You might argue that your words were too vague to form an understanding. For instance, you might have suggested a “date” or “going out.” These are arguably too imprecise to form an understanding of what was being implied.

You could also assert that you were joking. More specifically, you might have lacked the intent to form an agreement even though your words suggested one. You might back up this assertion by showing that you had no money at the time of the encounter.

Your lawyer can also argue that the police misinterpreted your words or your intent. For example, the arresting officer might have misconstrued a compliment as solicitation to have sex for money.

No Exchange of Value

The exchange or proposed exchange must meet two requirements. First, the item of value must be given “in return” for sex. Many social dates begin with one person paying for dinner and end with the couple having sex. This doesn’t, however, mean that the person who picked up the bill patronized or solicited the other.

Second, the prosecution must prove that the exchange had value. If you and the other person engaged in sex for any other reason, such as mutual attraction, there was no exchange of value.

Importantly, you don’t need to substantiate the reason you had sex. Instead, the burden falls on the prosecution to show that the reason was the offer of money or property.

Entrapment

Entrapment is a defense that frequently results from sting operations. Overzealous undercover police officers sometimes coerce people into committing crimes that they wouldn’t otherwise commit. When this happens, the defendant can argue that they were entrapped by the police.

This defense arises from simple fairness: It’s unjust for the police to push someone to break the law, then arrest them for it.

Penalties for Patronizing Prostitution in Missouri

An earlier version of Missouri’s patronizing prostitution statute punished the offense as a Class B misdemeanor. Under this version of the law, customers faced up to six months in jail.

However, effective August 28, 2026, patronizing is a Class E felony. Depending on certain aggravating factors, the offense can be elevated to a Class B felony.

Additionally, a conviction for patronizing carries mandatory sex offender registration. The base offense is a Tier II violation subject to up to 25 years on the registry. If the person patronized was under 18, the offense becomes a Tier III offense subject to lifetime registration.

With that in mind, the punishments a judge could impose upon conviction for patronizing after the new law goes into effect include the following: