Prostitution Solicitation: D.C.’s “John Diversion” Program

People charged with soliciting a prostitute in D.C. could be eligible to participate in a “diversion” (i.e., non-trial) program called the “John Diversion Program.” A person who decides to take advantage of this program pays a $300 fee and attends a one-day course on health and other risks associated with prostitution. In exchange for successful completion of these requirements, the government will drop the charges.

A person charged with solicitation of a prostitute should find out at his first court appearance whether or not he is eligible to participate in the program. (While the government does not specifically spell out the criteria for eligibility, it is generally available to first-time offenders.) Whether or not to participate in the diversion program is a decision the person will need to make in consultation with his lawyer. It will depend on the specific facts of the case.

A person who decides to participate in the program is directed to the Misdemeanor Unit Room 1305-B of the U.S. Attorney’s Office at 555 4th Street on any Tuesday or Thursday between the hours of 9:00 am and 12:00 pm. Bringing a check for $300 made out to Angels and Associates, Inc., the person can sign up for the one-day course, which is usually offered once-a-month on a Saturday. Clients who have taken the course have told me that they were pleasantly surprised at how interesting the course was.

If the person brings a certificate of completion to the next court date, the government will dismiss the charges. At this point, the person may want to consider filing a motion to have his arrest record “sealed.”

According to Section 22-2701.1 of the D.C. Crimes Code, “solicit for prostitution” means to invite, entice, offer, persuade, or agree to engage in prostitution or address for the purpose of inviting, enticing, offering, persuading, or agreeing to engage in prostitution.” The penalty for prostitution is a fine of $500 and/or not more than 90 days imprisonment for the first offense; a fine of $750 and/or up to 135 days imprisonment for a second offense; and a fine of $1000 and/or not more than 180 days for a third and each subsequent offense. The court may “suspend” the sentence (that is, order probation in lieu of incarceration) for a conviction of prostitution. It may also order the person to stay away from the area in which the offense occurred, submit to medical and mental health treatment or fulfill any other conditions the court may impose.