Prostitution

Elements of the Offense

It is unlawful for anyone in Washington, D.C. to engage in prostitution or to solicit for prostitution.  “Prostitution” means a sexual act or contact with another person in return for giving or receiving a fee.  According to this definition, both the person offering the services and the person receiving the services could be convicted of the offense.  “Soliciting for prostitution” is defined as inviting, enticing, offering, persuading, or agreeing to engage in prostitution.

Penalties

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.  D.C. Criminal Code 22-2701.  D.C. Criminal Code 22-2701.1.  D.C. Criminal Code 22-2703.

Prostitution “Diversion” Programs

First-time offenders may be eligible to participate in a “diversion” program in which the charges are dismissed after the defendant successfully completes an agreed-upon set of conditions.  For example, the Angels’ Project Power Program provides for eligible female and transgender defendants to participate in a tailored drug program that could include in-patient treatment.  The “HIPs Trans-In-Formation Program provides for drug treatment, if appropriate, and an eight-session course on health and life skills.  Finally, the “John” Diversion Program requires men charged with soliciting a prostitute to pay a $300 fine and attend a one-day course on health and other risks associated with solicitation.

Other Prostitution-Related Offenses/Penalties

It is illegal to abduct or entice a child under the age of 18 years old, or to harbor a child, for the purposes of engaging in prostitution.  The penalty for a conviction of this offense is a maximum fine of $20,000 and/or up to 20 years imprisonment.   D.C. Criminal Code 22-2704.

It is against the law to to pander (that is, to recruit a prostitute or to solicit customers for a prostitute) or to induce or compel a person to engage in prostitution.  It is also illegal to operate a house of prostitution.  Property used in the course of prostitution can be subject to seizure and forfeiture.  Vehicles can be impounded.  D.C. Criminal Code 22-2705.  D.C. Criminal Code 22-2706.  D.C. Criminal Code 22-2707.  D.C. Criminal Code 22-2710.  D.C. Criminal Code 22-2711.  D.C. Criminal Code 22-2712.  D.C. Criminal Code 22-2723.  D.C. Criminal Code 22-2724.