Prostitution Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is the penalty for prostitution in Louisiana? A first offense under La. R.S. 14:82 carries up to a five hundred dollar fine and up to six months in jail. A second conviction rises to two years, and a third to four years. Cases involving a person under eighteen carry far harsher, mandatory prison terms.

A prostitution charge is often a first brush with the criminal system, and many of these cases come out of undercover sting operations. The details of how the arrest happened matter. This page explains the charge, how the State proves it, the defenses, and how we fight it.

Quick answers

What it is: Engaging in, or soliciting, sexual intercourse for compensation, under La. R.S. 14:82.

The penalty: First offense, up to six months. It climbs with each conviction, and is far more severe when a minor is involved.

The key issue: What was actually said and agreed to, and whether the sting was set up fairly.

What to do first: Say nothing to police. Call a defense lawyer before any questioning. What you say becomes evidence.

What counts as prostitution in Louisiana?

Prostitution has two forms under the statute. The first is the practice of indiscriminate sexual intercourse with others for compensation. The second is the solicitation of another person with the intent to engage in that conduct for compensation. Solicitation means an agreement can be enough, even without any act.

The law also enhances penalties sharply when the case involves a person under eighteen, and it adds a minimum jail term for solicitation that happens on a public street. Related charges like inciting or promoting prostitution are separate crimes.

Elements the State must prove

To convict, the State must prove each element beyond a reasonable doubt.

• The act or the solicitation. Either the sexual conduct for compensation, or a solicitation with the intent to engage in it.
• Compensation. That the conduct was in exchange for money or something of value.
• Intent. For solicitation, the intent to actually engage in the conduct, not just talk.

In sting cases, the exact words and the recording are everything. Intent and agreement are often disputed. The State carries the burden. That is where a real defense begins.

What happens after a prostitution arrest in Louisiana?

Say Jill is arrested in an undercover operation and booked. For a first offense, this is usually a misdemeanor, and she will appear before a judge, where bond and release conditions are set. Many first-time cases can resolve without a conviction on the record.

If the case is charged as a felony, such as a repeat offense, and she stays in jail, the State has sixty days to formally charge her, under La. C.Cr.P. art. 701. Either way, the case turns on the recorded conversation and how the sting was run. Early work on that evidence matters.

What are the defenses to prostitution?

• No agreement or intent. Talk alone is not always a solicitation. If there was no clear agreement to exchange sex for compensation, the case can fail.
• Entrapment. If officers induced conduct you were not otherwise ready to commit, entrapment may apply.
• Ambiguous or incomplete recording. The recording may not show what the State claims. Missing context can create reasonable doubt.
• Human trafficking victim. The law provides an affirmative defense for a person who was a victim of trafficking at the time.
• Unlawful stop or search. Evidence gathered through an illegal stop or search may be suppressed.

How we defend a prostitution charge

I have taken more than sixty felony jury trials to verdict. We start with the recording and the report. We gather the evidence, examine exactly what was said, and look hard at how the operation was set up. We test whether there was a real agreement, or whether officers pushed the conduct into being.

For a first-time client, we also focus on keeping a conviction off the record where possible. Early aggressive representation makes a difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What are the penalties for prostitution in Louisiana?

A first offense carries up to a five hundred dollar fine and up to six months in jail. A second conviction rises to as much as two years, and a third or later conviction to as much as four years. If the case involves a person under eighteen, the penalties jump to fifteen to fifty years at hard labor, and even more if the person is under fourteen. Older convictions past five years are not counted for enhancement.

Can I be convicted just for talking about it?

Solicitation is a form of the crime, so a clear agreement to exchange sex for compensation can be enough, even without any act. But talk alone is not automatically a crime. The State must prove you intended to actually engage in the conduct. In sting cases, the exact words on the recording, and any ambiguity in them, are often where the case is fought.

Is entrapment a defense?

It can be. Entrapment applies when law enforcement induces a person to commit a crime they were not otherwise predisposed to commit. Simply providing an opportunity is not entrapment, but pressure, persistence, or manufacturing the agreement can be. Because many prostitution cases arise from undercover operations, how the officers behaved is often a central issue in the defense.

What if I was a victim of trafficking?

Louisiana law provides an affirmative defense for a person who was a victim of human trafficking, or trafficking of children for sexual purposes, at the time of the alleged offense. A person found to be a victim may also be eligible for specialized services rather than punishment. If this applies to you, it is critical to raise it early with a lawyer who understands these provisions.

Talk to a Louisiana criminal defense lawyer

A prostitution charge can carry lasting consequences, but many cases have real defenses. A few questions help us understand your case. Has an arrest already happened? Was this an undercover operation? Is this a first offense?

Check Jarrett’s availability for your case or call 225-330-7009. The sooner we start, the more we can do.

Louisiana Prostitution Statute: La. R.S. 14:82

Always verify current statute text at the Louisiana State Legislature. The following is an excerpt.

§82. Prostitution; definition; penalties; enhancement
A. Prostitution is: (1) The practice by a person of indiscriminate sexual intercourse with others for compensation. (2) The solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation.
C.(1) Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both. (2) On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars or be imprisoned… for not more than two years…. (3) On a third and subsequent conviction, the offender shall be imprisoned… for not more than four years…. (4) Whoever commits the crime of prostitution with a person under the age of eighteen years shall be… imprisoned at hard labor for not less than fifteen years nor more than fifty years…. (5) [With a person under fourteen, twenty-five to fifty years.]
G. It shall be an affirmative defense… that… the defendant was a victim of trafficking….

Source: La. R.S. 14:82 (Louisiana State Legislature). Excerpted; some subsections summarized. Amended by Acts 2017, No. 281.