Newark cops arrested 11 men for allegedly soliciting prostitution, per nj dot com. The operation took place after residents had complained to the police. Most of the Johns lived in Newark, but a few came from out of state. The Johns allegedly asked an undercover cop for sex, per nj dot com. Although the news item mentioned soliciting prostitution, for the reasons that follow the police probably charged the Johns with Loitering for the Purpose of Engaging in Prostitution.
New Jersey law defines prostitution as sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
The news item indicated the Johns asked an undercover officer for sex. But it does not indicate the Johns actually engaged in sexual activity. Furthermore, the news item does not indicate the Johns offered anything of value in exchange for sexual activity. Indeed, asking for sex, even from an undercover cop, is not enough to prove the crime of Prostitution under N.J.S.A. 2c:34-1.
As the news item indicates, the police probably came to the scene after neighbors complained about people on the street. Based on the scarce details in the news item, the Johns probably talked smack, including sexual innuendo, to the undercover officer, and that was enough to arrest them. Indeed, the arrests placated the neighbors who had complained. Even though the news item says the police charged the Johns with soliciting prostitution, the police probably charged them with Loitering for the Purpose of Engaging in Prostitution. But if what we can gather from the news is correct, then the charges might not stick in court. Of course, that will depend on the evidence the State can prove.
On a completely unrelated note, I saw this Mustang at an auto show in Woodbury. It has nothing to do with the subject matter of this post. I included it because I like the way it looks. This Mustang is about 49 years old. The car is not mine, but I hope you enjoy looking at my photo of it.
Loitering for the Purpose of Engaging in Prostitution, N.J.S.A. 2c:34-1.1
Under New Jersey law, a person commits a disorderly persons offense if he
- wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.A. 2c:34-1; and
- engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.A. 2c:34-1.
Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, repeatedly:
- Beckoning to or stopping pedestrians or motorists in a public place;
- Attempting to stop, or repeatedly attempting to engage passers-by in conversation;
- Stopping or attempting to stop motor vehicles.
Definitions
Public place means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
Penalties
County Jail: 180 Days
Fines: $1,000
Probation
Mandatory Minimum Fines and Assessments
Court Costs
Community Service
Postpone, Suspend, or Revoke Driving Privileges: 2 Years, if motor vehicle was used in the offense
Property Forfeiture
Removal From Office
Professional License Suspension or Cancellation
Any other civil penalty
New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding prostitution and related offenses. Call Now—(856) 812-0321.