CR 11-306: Prostitution

The Maryland prostitution statute covers the person attempting to purchase services (often called the John) and the person who accepts or attempts to accept money for the services.  Without a doubt, almost all the law enforcement focus is directed toward the Johns, with the theory that if you eliminate the client base you will eliminate the business of prostitution.  Over the last several years law enforcement has been more committed to busting up human trafficking rings and targeting those third parties who profit off the business of prostitution, but police still frequently conduct street level stings for violations of Maryland Criminal Code Section 11-306.  The statute prohibits knowingly procuring or soliciting prostitution or assignation.  That definition is not entirely helpful, so it makes sense to go back and look at the definitions of prostitution and assignation.  Prostitution is defined as performing a sexual act, sexual contact or intercourse for hire.  Sexual acts involve penetration, and sexual contact is limited to touching, but both fall under the statute.  Assignation if the act of making an appointment or plan to engage in sexual conduct for hire, which means that no physical acts must occur for the police to make an arrest.  In sting operations, the police typically arrive right when an agreement of sex for hire is reached.
 
If a person makes an appointment online or through a phone application to show up at a certain place (typically a hotel) and time for the purpose of sex or companionship, there is a strong possibility the person on the other end of the agreement is a law enforcement officer.  Upon showing up for the meet the police will likely try to encourage the person to say what they want, as the online conversations or typically left vague as to not arouse suspicion.  As soon as the police feel there is an agreement of sex for money they will charge into the room from an adjoining room and make an arrest.  This is a standard prostitution sting operation and multiple Johns could be busted in the same day by the same officers.
 
House of Prostitution under 11-303 is a related offense that criminalizes occupying a building for the purpose of prostitution.  This crime is typically directed toward the person receiving money for sexual acts.  Third party receiving earnings of a prostitute is a far more serious crime under Maryland Criminal Code Section 11-304.  This offense is usually applied to business owners who knowingly allow and profit off the business of prostitution.  For example, the owner of a massage parlor or spa who knowingly profits off the business off employees engaged in prostitution.  The penalty for this offense is up to 10 years in prison and a $10,000 fine, though it is still considered a misdemeanor.  Human trafficking under Section 3-1102 is another far more serious offense under the Maryland Criminal Code with maximum punishments ranging from 10 years to 25 years in prison.  Human trafficking is a felony that involves placing or harboring a person for the purpose of engaging in the business prostitution and knowingly profiting from it.
 
One of the main defenses is that police made the arrest too soon, and there was no assignation that took place.  This defense typically comes down to the officer’s interpretation and opinion, as street slang and non-descript language is often used in these transactions.  Simply showing up at a place for the purpose of companionship is not assignation, and these cases must be defended by a capable defense attorney.
 
Prostitution carries up to 1 year in jail and a $500 fine, but the permanent stigma of a conviction can be far more detrimental to a person due to the public nature of criminal cases in Maryland.
 
Benjamin Herbst is a Maryland prostitution lawyer who has successfully defended dozens of individuals facing charges under 11-306.  He has won solicitation cases and even human trafficking jury trials where police have overcharged his clients, and he is standing by to offer a free consultation for your case at 410-207-2598.