Information from an Atlanta Sex Crime Attorney
An estimated 353 girls are prostituted in Georgia each month, making it a serious problem in Georgia. In the words of an Atlanta councilmember, “Late, around 3, 4, 5 in the morning when most people are asleep, there’s a very serious amount of prostitution occurring in the Midtown area.” Another government official, a Georgia senator, said, “Atlanta is a known hub for the sex trade for both boys and girls since Atlanta is a major hub city.” Lately, Atlanta police have been cracking down.
Sex crimes are now being taken extremely seriously in the state of Georgia due to government attitude toward this offense. This is exemplified in a comment by the commander of the Atlanta Police Vice Unit, who said”Each spring when it turns into summer, we see it pick up. These aren’t just people prostituting. They are hard-core criminals.” Atlanta criminal lawyer Judy Kim, however, believes otherwise. In fact, the attorney is committed to defending persons who have been accused of prostitution, employing the most aggressive tactics of defense possible.
Under Georgia law, §16-6-9, prostitution is considered to be the offense of offering to partake, or consenting to participate, in a sexual act for remuneration. This can either be sodomy, intercourse or anything that might fall under the umbrella of the term “sexual act.”
To be convicted of prostitution, you do not have to commit the act yourself that is considered to be part of prostitution. According to §16-6-10 and §16-6-11, it is also a crime to have control and ownership over a structure in which prostitution takes place. This is considered to be keeping a place of prostitution – knowingly running a building where you grant permission for prostitution to occur. Pimping also falls into line with these types of laws. The following acts are considered to be pimping:
- Offering to secure a prostitute for a client;
- Agreeing to arrange a meeting for the purposes of prostitution;
- Transporting a person for the purpose of prostitution;
- Receiving money or assets that were knowingly earned by prostitution; and
- Aiding a prostitute and receiving part of the profits
If you are facing accusations for pimping, then contact Atlanta criminal attorney, Judy Kim, to defend you from these serious charges!
Penalties for Prostitution & Prostitution Offenses
In Georgia, you can serve 10 to 15 days in jail for a first offense. A second offense earns the offender 30 days in jail. For a third offense, it’s 60 days and for a fourth, it’s 180 days. Under prostitution laws, a person can get in trouble if he/she:
- Performed or offered to perform a sexual act, from sexual intercourse to sodomy
- Offered up their place so that prostitution could take place (keeping a place of prostitution)
- Agreed to procure a prostitute for another, agreed to arrange a meeting for the purpose of prostitution, directed or transported someone for the purpose of prostitution, received money or another thing of value from a prostitute, aided in the commission of prostitution (pimping)
- Solicited a person to perform an act of prostitution for his/her own benefit or for the benefit of a third person (pandering)
The most severe prostitution offenses can be punished by nearly a year in prison and a fine of $1,000. For pimping, you could also face a year in prison but have to pay a fine up to $5,0000.
Georgia also prohibits massages in locations used for prostitution, lewdness, masturbation or hire. This is considered a misdemeanor offense. Acts of prostitution that occur within a 1,000 feet of a place of worship, a school, a recreational center or playground will result in an additional fine of $2,500. This is to discourage this crime from continuing within a close proximity to minors.
About Your Charges
Not only can you face a jail sentence and fines, you may have to forfeit any property that was used to carry out the acts of prostitution. Whether you have been charged with prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscene display or distribution, sale, distribution or display of harmful material to minor, sexual performance by child, employment harmful to children or possession or promotion of child pornography, my firm can help you!
The Good News
A senator of Georgia said, “I don’t think for a second any young person wants to be a prostitute. I believe most are forced into the trade or are trying to survive on the streets.” A recent article discussed a new Georgia law that seeks to help prostitutes. The law blocks charges for anyone forced to commit sex acts against his/her own will. In the words of an individual at The National Center for Missing and Exploited Children, “Historically, what law enforcement has tended to do is arrest the kid. We are trying to ensure that they focus on the pimp and the costumer.”
In Georgia it is a requirement to report any knowledge you have about sex trafficking within the area. In the words of the state senator, “This new law will protect some of the most vulnerable members of [the] society and deter those bad actors who prey on them.”
The tides have changed. The New York Times reported about the national shift, telling the story of a recent prostitution ring that was disbanded, “In stark departure from decades of such prostitutions, the women who were working as prostitutes are not facing criminal charges but are instead being treated as their pimps’ victims, and offered services to help them build new lives.”
If you are a prostitute facing charges, you can use the defense that you weren’t doing what you were doing voluntarily, that you were afraid for your life.
The Bad News
While prostitutes are being let off the hook, pimps and Johns are facing enhanced penalties. If you fall into this category, what does this new Georgia law mean for you?
- There is a 25 year minimum sentence for those convicted of using coercion to traffic someone under the age of 18
- There is a minimum sentence of five years for those who pay to have sex with a 16 year old
- There is a minimum 10 year sentence for individual who pay or try to have sex with someone younger than 16
Anyone convicted of promoting acts of prostitution by minors under the age of 18 years old can face five to 20 years in prison and will have to pay a fine from $2,5000 up to $10,000. The sentence cannot be suspended or withheld as the conviction pertains to the corruption of a minor. This is a felony offense.
Since the passage of HB200, the bad news for pimps and Johns is that a lot of the defenses that could have been used in the past are no longer relevant. You can no longer use the defense of relation, thus parents are barred from exploiting their children and men are barred from pimping their own wives. Other defenses that could not be used include, “I didn’t know she was 15 years old” or “She’s been a prostitute before.”
If a person has a pattern of human trafficking, he/she could be subject to fines up to $100,000. Georgia is also allowed to seize any property that was used in the carrying out of prostitution offenses (cars, houses, etc.). Coercing someone into prostitution now includes threatening to destroy a victim’s passports or turn them into immigration authorities.
Why do you need a criminal defense attorney?
Whether you are a prostitute, pimp or John, you need to secure legal defense on your side. If you are a prostitute, you will need someone to fight for your rights and to show that you were victimized. If you are a pimp or John, you will need someone to disprove the allegations that you trafficked women or solicited them for sex. At the Law Office of Judy Kim, we can see if any of the following defenses apply to you:
- You didn’t do it
- You can plead the fifth and refuse to offer a shred of evidence that could support your charges
- There is not enough evidence to convict
- You have an alibi
- You did it, but shouldn’t be held responsible (you were coerced into committing the offense, for example)
- You were under the influence
- You were entrapped- did a police officer deceive you while operating undercover?
Regardless of what offense you are accused of or the details surrounding your case, contact an Atlanta sex crime attorney at The Law Office of Judy Kim, P.C. for the legal representation you need immediately! Judy Kim has won the prestigious title of Super Lawyer® and has handled criminal defense cases for eight years. She is proud to offer prospective clients a free initial consultation and can provide you with the help you need today!
Attorney Kim recognizes how daunting it can be to deal with something of this nature. She knows how frightening it can be to be criminally charged and she is prepared to do everything within her power to help you obtain the just outcome that you deserve. Should you choose to work with her, you will be able to rest easier knowing that she will do everything that she can to help you. Unlike some firms, she will not look for an easy way out and will not look to cut corners. She will not take your money and then advise you to plead guilty. Instead, she will fight relentlessly for the just outcome that you deserve.