Prostitution is illegal throughout Louisiana. Engaging in, soliciting, promoting, or operating prostitution can result in criminal charges, jail time, fines, and lasting collateral consequences. Understanding Louisiana’s prostitution laws — what is prohibited, the penalties, and the defenses available — is important if you are facing prostitution-related charges.
How Louisiana Defines Prostitution
Under La. R.S. 14:82, prostitution generally means engaging in, or agreeing to engage in, sexual conduct with another person in exchange for anything of value. The “anything of value” element reaches money, drugs, or other consideration, and the offense can be complete based on the agreement — actual performance is not required. Both the person offering and the person soliciting sexual conduct for pay can be charged.
Related Offenses
Several related statutes target the promotion and facilitation of prostitution, and they are treated far more seriously than the underlying offense:
- Pandering and promoting prostitution — compelling, encouraging, or profiting from another person’s prostitution, or operating a place for it, are felony offenses carrying years at hard labor.
- Enticing persons into prostitution (La. R.S. 14:86) — inducing or persuading another to engage in prostitution, with enhanced penalties where a minor is involved.
- Operating or keeping a disorderly place — maintaining premises where prostitution or other illegal activity is permitted.
Human Trafficking Is a Separate, More Serious Offense
It is important to distinguish ordinary prostitution charges from human trafficking. Trafficking under La. R.S. 14:46.2 involves force, fraud, or coercion, and trafficking that involves a minor is a serious felony even without force. Trafficking carries substantially higher penalties than simple prostitution, and the two should never be conflated.
Penalties
A first prostitution offense is generally a misdemeanor punishable by a fine and limited jail exposure, with penalties escalating for repeat offenses. The promotion-related felonies — pandering, enticing, and operating a place for prostitution — carry far heavier sentences, and any involvement of a minor dramatically increases both the charge level and the exposure.
Defenses to Prostitution Charges
Common defenses focus on the elements the State must prove. The defense may challenge whether there was an actual agreement to exchange value for sexual conduct, whether the exchange occurred or was genuinely intended, and whether the defendant is even the right person. Entrapment can be a complete defense where police induced conduct the person would not otherwise have engaged in.
Consequences Beyond the Sentence
A prostitution conviction creates a criminal record that can affect employment, housing, professional licensing, and even international travel. While simple prostitution does not always trigger sex-offender registration, trafficking cases and cases involving minors typically do.
Diversion and Expungement
Some jurisdictions offer pre-trial diversion or deferred prosecution for first-time offenders, allowing a person to complete counseling or a program and avoid a conviction. Where a conviction has already occurred, certain prostitution offenses may be eligible for expungement after a statutory waiting period, sealing the record from public view. Eligibility depends on the offense and circumstances.
If You Are Arrested
If you are arrested on a prostitution-related charge, do not answer questions or consent to searches before speaking with counsel, and clearly request an attorney. These cases often turn on the precise wording of the alleged agreement and the conduct of the investigation.
Conclusion
Prostitution is illegal in Louisiana, and the surrounding offenses — especially pandering, enticing, and trafficking — carry serious felony exposure. Beyond the sentence, a conviction can affect employment, housing, and reputation for years. If you are facing these charges, experienced criminal defense counsel can evaluate your defenses and any diversion options. Contact our firm for a confidential consultation.