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
- 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.
- 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.
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.
County Jail: 180 Days
Mandatory Minimum Fines and Assessments
Postpone, Suspend, or Revoke Driving Privileges: 2 Years, if motor vehicle was used in the offense
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.