Under Nebraska law, solicitation of prostitution is defined as hiring or attempting to hire someone to engage in sexual activities in exchange for money or other rewards. Those found guilty of this crime may face serious consequences, including time behind bars and hefty fines.
In the following article, we will outline the conditions for conviction, penalties, and corresponding defenses for a solicitation of prostitution offense.
Omaha Solicitation Defense Lawyers
Sex crime convictions have both immediate penalties and long-lasting impacts. Whether as a result of miscommunication or mistakes made by the accused, if not handled by an experienced legal team, convictions can lead to imprisonment, fines, and a permanent criminal record.
Liberty Law Group is highly educated on Nebraska’s solicitation laws and can assist clients reliably during challenging situations. If you’ve been accused of solicitation of prostitution, we urge you to speak with the attorneys at Liberty Law Group.
Contact us at (402) 865-0501 to request a free consultation.
Information Center
- What is Solicitation of Prostitution?
- What Are the Penalties for Solicitation of Prostitution?
- What Are Potential Defenses in Solicitation of Prostitution Cases?
- Additional Resources
What is Solicitation of Prostitution?
According to Nebraska Revised Statute 28-801.01, solicitation of prostitution is when a person asks another person, who is not their spouse, to engage in any sexual act, including both sexual contact and sexual penetration, in exchange for money or something else of value.
To convict you of solicitation of prostitution, a prosecutor must prove several key points:
- You made a request to another individual involving a sexual act, specifically sexual contact or sexual penetration. Sexual contact refers to any intentional touching of intimate parts, either directly or through clothing, while sexual penetration involves any intrusion, however slight, into the genital or anal openings.
- You were not married to the individual solicited.
- The request was made in exchange for something of value, which could be money or any other item or service. The key element here is the exchange – the solicitation must involve offering something in return for the sexual act.
It’s important to note that, if the above conditions are met, crime of solicitation occurs regardless of whether a sexual act takes place. This means you can be charged with solicitation of prostitution even if no sexual act occurs, as long as there was intent to exchange something of value for a sexual act.
What Are the Penalties for Solicitation of Prostitution?
The penalties for solicitation of prostitution in Nebraska depend on the offender’s prior record and the age of the person solicited:
| Condition | Conviction | Penalty |
| First-time offense | Class I Misdemeanor | · Confinement up to one year
· Fine of $250 – $1,000 |
| Solicitation of a minor (under 18) | Class IV Felony | · Confinement up to two years
· 9-12 months of post-release supervision · Fine of $250 – $10,000 |
| Repeat offense | Class IV Felony | · Confinement up to two years
· 9-12 months of post-release supervision · Fine of $500 – $10,000 |
Probation
If granted probation for a first-time offense, you may be required to pay a the fine, complete a mental health and substance abuse assessment, and attend an educational program about the effects of prostitution.
Probation conditions for solicitation of a minor are similar to those for a Class I misdemeanor.
What Are Potential Defenses in Solicitation of Prostitution Cases?
Potential defenses in solicitation of prostitution cases include:
- No Solicitation: Arguing that no request for sexual acts in exchange for money or other valuables was made.
- Lack of Intent: Challenging the prosecution to prove that the accused had the specific intent to solicit prostitution. The defense can argue that the interaction was misunderstood or that there was no intention to exchange money or valuables for sexual acts.
- Entrapment: Claiming that law enforcement officers persuaded or coerced the accused to commit a crime they otherwise would not have committed.
- Human Trafficking Victim: Claiming and proving the accused was a victim of human trafficking at the time of the alleged offense.
Role of a Solicitation of Prostitution Lawyer
Lawyers help clients charged with solicitation of prostitution by guiding them through the legal process, explaining the charges, possible penalties, and court expectations. They gather facts, review evidence, and identify any legal issues that might help your case.
Your lawyer will negotiate with the prosecutor to seek reduced charges or alternative sentencing options, such as probation or educational programs. They will also prepare you for court appearances, and provide advice on how to respond to questions. Throughout the process, the lawyer aims to protect the client’s rights and work toward the best possible outcome.
Additional Resources
Nebraska Solicitation of Prostitution Laws
Nebraska law defines solicitation of prostitution as requesting someone to engage in sexual acts for money or other compensation. The statute covers the applicable penalties and conditions of sentencing for solicitation.
Nebraska Laws Combating Human Trafficking
Nebraska’s laws against human trafficking cover a range of actions from criminal record relief for victims to imposing severe penalties on traffickers. These laws define what constitutes sex and labor trafficking, expand law enforcement responsibilities, and include protective measures for victims’ confidentiality. The state has also created a Governor’s Task Force to address these issues.
Federal Promotion of Prostitution Crime
Federal law prohibits using digital or interstate commerce to promote or facilitate prostitution. Penalties can reach up to 10 years in prison, with harsher penalties for aggravating factors like promoting the prostitution of five or more persons or contributing to sex trafficking.
Solicitation Defense Lawyers Omaha | Liberty Law Group
Liberty Law Group is dedicated to providing professional, trustworthy, and personalized legal services to those accused of solicitation of prostitution. We understand the stakes of your case and are committed to crafting a defense to best serve your individual needs.
Our firm proudly represents the residents of Omaha in Douglas County, Lincoln in Lancaster County, NE, Council Bluffs in Pottawattamie County, IA and throughout the surrounding communities of Nebraska and Western Iowa.
Call our firm immediately at (402) 865-0501 to request a free consultation.
