It is understood that prostitution is illegal. In many minds it’s clear, paying for sex is against the law. But under Georgia law it may not be so simple. For example, can having your “tuition handled by some random” become a criminal act and not just a Drake lyric?
What is Prostitution?
Many consider being a “sugar baby” a harmless “relationship”. Many more think lawmakers can only charge traditional “Street walkers” and “Hookers” for prostitution, but according to the language of the law, Ga code16-6-9, which states:
A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value.
it is important to know that “other items of value” can mean just that, anything of value, not just cash, but tuition, cars, favors, or any other gift purchased for sex. While it is unlikely for an officer to spot a sexual exchange for money that is not between a traditional prostitute and a “John” or Pimp, it is important to understand Atlanta has been listed by the Department of Justice as a city known for its illegal sex economy. In contrast, Atlanta is also a busy convention city with a popular legal sex economy, this means it’s wise for everyday people to be informed about sex laws that can go from legal to illegal with just a few words or misunderstood intentions.
Notice that the law states prostitution occurs when a person,
- offers, or
to a sexual act, including but not limited to, sexual intercourse or sodomy, for money or other items of value. This means that the sexual act does not have to actually take place for a criminal charge to arise, the offer or the agreement is enough.
Then there is the definition of sex. Pulling a Bill Clinton will not get you out of a criminal charge. Georgia law says a “sexual act” is a crime, which includes, “sexual relations” “masturbation” and sexual encounters. That also includes an Escort service or Massage, if there is any offer, consent, or performance of a sexual act. It is also important to understand that money does not have to exchange hands for a criminal charge to arise.
Penalties for Prostitution
Prostitution is a misdemeanor crime that carries a fine of $2,500.00. The penalty can be greater if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years. Further, misdemeanor penalties depend on the nature of the act and prior criminal history and can include probation, fines, jail or prison time, community service, and possible participation in sex education classes.