When the neon lights of Tulsa’s nightlife cast an enticing glow and the promise of adventure is in the air, a single moment of poor judgment can lead to an unimaginable ordeal—handcuffs, flashing lights, and a harsh reality check.
Under 21 OK Stat § 21-1029, the practice of prostitution, the solicitation of sexual services, and the facilitation of prostitution are prohibited by law. These charges can lead to stiff penalties, as well as permanent damage to your reputation within the community. Contact Berlin Defense to get the help you need to move forward.
How Prostitution Is Defined in Oklahoma
In Oklahoma, prostitution is defined as the exchange of sexual acts with a person other than your spouse for money or something of value. This includes:
- Sexual intercourse
- Fellatio
- Cunnilingus
- Masturbation
- Anal intercourse
Oklahoma law forbids both prostitution, the solicitation of prostitution, and the facilitation of prostitution. This means the state makes it illegal to act as a prostitute, to hire a prostitute, or to enable others to engage in prostitution. As such, prostitution charges can involve the following defendants:
- The prostitute performing the sexual acts
- The 'john' paying the prostitute for sexual acts
- The pimp facilitating the prostitution
- The property owner who either maintains or rents the building in which the prostitution occurs
Potential Penalties For an Oklahoma Prostitution Charge
Engaging in prostitution or solicitation in Oklahoma is typically categorized as a misdemeanor offense. Penalties may include imprisonment for a period ranging from 30 days to one year, as well as the potential for court-ordered community services and the following fines:
- First offense: Punishable by fines of up to $2,500
- Second offense: Punishable by fines of up to $5,000
- Third or subsequent offense: Punishable by fines of up to $7,500
Enhanced Penalties for Prostitution With an HIV Infection
With the advent of antiretroviral therapy (ART), HIV is now considered a manageable chronic condition rather than an inevitable death sentence. Nevertheless, engaging in prostitution while being aware of an HIV infection is considered a felony carrying a punishment of imprisonment for up to five years.
Enhanced Penalties for Prostitution Near a School or Church
Violating Oklahoma prostitution laws within 1,000 feet of a school or church elevates the offense to a felony that is punishable by imprisonment for not more than five years, court-ordered community service, and the following fines:
- First offense: Punishable by fines of up to $2,500
- Second offense: Punishable by fines of up to $5,000
- Third or subsequent offense: Punishable by fines of up to $7,500
Cases Involving Child Prostitution
Like many other states, Oklahoma does not allow children to be charged with prostitution. The law presumes that individuals engaged in child prostitution were coerced into the offense by another person.
Hiring a person under the age of 18 for prostitution is a felony offense that carries the potential of up to 10 years imprisonment, as well as the following fines:
- First offense: Punishable by fines of up to $5,000
- Second offense: Punishable by fines of up to $10,000
- Third or subsequent offense: Punishable by fines of up to $15,000
Reviewing the Services of a Prostitute
In 2023, 21 OK Stat § 1040.57 was passed to make it illegal to publish reviews of prostitution-related services on websites that facilitate, encourage, or promote sexual contact for a fee. Specifically, this includes reviews on sites like RubMaps that discuss the prices of services, the quality of those services, what the women look like, and who will provide “tip” services.
Violations of this law are a felony punishable by imprisonment for a term not more than three years, as well as the following fines:
- First offense: Punishable by fines of up to $1,000
- Second offense: Punishable by fines of up to $2,500
- Third or subsequent offense: Punishable by fines of up to $5,000
What Should You Do If You’ve Been Charged With a Prostitution-Related Offense?
It’s completely understandable if you’re worried, anxious, and upset. Legal charges related to prostitution are enough to throw anyone off balance. Take a deep breath and remember these three key steps.
1. Hire an Attorney Experienced in Handling Sex Crimes
At Berlin Defense, we’re known for our focus on sex crime charges such as prostitution-related offenses. While most criminal defense attorneys only handle a handful of sex crime charges per year, this is the primary focus of our legal practice. Think of me as an advocate who will fight to provide the best possible outcome for your case while allowing you to share your side of the story.
2. Keep It Confidential
Avoid discussing the prostitution-related charges you’re facing with anyone other than your attorney. This includes friends, family, and social media. If you’re contacted by the police, don’t say anything without an attorney present.
3. Learn About Oklahoma’s Legal Process
Knowing what you’re up against can help you feel more confident about what the future holds. To learn how sex crimes are prosecuted in Oklahoma, request a copy of our free guide, Fighting the Guilt Machine.
