Prostitution Law in Indiana by Criminal Attorney Jeff Cardella
If you have a Prostitution case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law.
Understanding Prostitution Charges in Indiana
Prostitution in Indiana involves specific actions outlined under state law. According to Indiana Code 35-45-4-2, a person who is at least 18 years old commits prostitution if they knowingly or intentionally perform, offer, or agree to perform sexual intercourse, other sexual conduct, or fondle or allow the fondling of genitals in exchange for money or other property. This offense covers a range of scenarios commonly seen in Indianapolis, such as street-based exchanges or arrangements made through online platforms. Law enforcement often conducts sting operations in areas known for such activities, leading to arrests for prostitution charges in Indiana.
It’s important to note that Indiana law requires the individual to be an adult for these charges to apply in this manner. If the person involved is under 18, the situation may shift to more severe offenses related to child exploitation or human trafficking, which carry different legal considerations.
Solicitation of a Prostitute in Indiana
Solicitation of a prostitute, also known as patronizing a prostitute under Indiana Code 35-45-4-3, occurs when a person knowingly or intentionally pays, offers to pay, or agrees to pay money or other property for sexual intercourse, other sexual conduct, or the fondling of genitals. This aspect of prostitution law in Indiana targets the demand side of the transaction. In Indianapolis, solicitation charges often arise from undercover operations where officers pose as individuals offering services, leading to arrests when an agreement is reached.
Unlike some states, Indiana treats solicitation similarly to the act of prostitution itself in terms of classification, but the circumstances of the arrest can influence how the case proceeds through the court system.
Penalties for Prostitution and Solicitation Offenses in Indiana
In Indiana, both prostitution and solicitation are typically classified as Class A misdemeanors for first-time offenses. This can result in up to one year in jail and fines up to $5,000. However, if there are two prior unrelated convictions for prostitution or solicitation, the charge elevates to a Level 6 felony, which carries potential penalties of six months to two and a half years in prison and fines up to $10,000.
Additional factors can increase severity. For instance, if the offense involves a minor or occurs in connection with human trafficking, charges may rise to higher felony levels. In cases linked to promoting prostitution under Indiana Code 35-45-4-4, penalties start at Level 5 felonies, with one to six years in prison and fines up to $10,000, escalating to Level 4 felonies if a minor is involved, potentially leading to two to twelve years incarceration.
Common Defenses in Prostitution Cases in Indiana
Several defenses may apply to prostitution charges in Indiana, depending on the specifics of the case. One common defense is entrapment, where law enforcement induces a person to commit an offense they would not have otherwise committed. This often comes up in sting operations in Indianapolis.
- Lack of evidence: Prosecutors must prove intent and an agreement for sexual conduct in exchange for compensation. If recordings or witnesses are unclear, this can weaken the case.
- Mistaken identity: In busy areas or online setups, arrests may involve the wrong person.
- Human trafficking victim: Individuals coerced into prostitution may not face charges if they can demonstrate victimization.
- Violation of rights: If police conducted an improper search or arrest, evidence may be suppressed.
Pursuing Dismissals in Prostitution Cases in Indiana
Many prostitution cases in Indiana can be resolved through programs leading to dismissals, avoiding long-term records. Diversion programs often involve counseling, community service, or testing, after which charges may be dropped. In Indianapolis, these options are frequently available for first-time offenders in prostitution or solicitation cases.
For example, one case involved a client facing solicitation charges who wanted to keep the matter private from his spouse. Through negotiation, a diversion program was arranged, completing requirements led to dismissal and eventual expungement, preserving his personal life.
In another instance, a client charged with prostitution had prior drug-related offenses, disqualifying her from standard diversion. By advocating for placement in drug court, which addressed underlying issues, the program completion resulted in dismissal and expungement of the prostitution charge.
Collateral Consequences of Prostitution Convictions in Indiana
Beyond legal penalties, a conviction for prostitution or solicitation in Indiana can affect various aspects of life. Employment opportunities may be limited, especially in fields requiring background checks. Professional licenses could be at risk, and personal relationships might suffer due to public records. In some cases, convictions lead to mandatory registration if elevated to certain felonies, though this is less common for basic prostitution charges.
Expungement options exist after dismissal, allowing individuals to seal records and move forward without ongoing stigma from prostitution offenses in Indiana.
Common Scenarios Leading to Prostitution Arrests in Indianapolis
In Indianapolis, prostitution charges often stem from targeted enforcement in high-activity areas or online. Sting operations using decoys on streets or apps are prevalent, catching individuals in solicitation attempts. Massage parlors or escort services may also face scrutiny if suspected of fronting for prostitution activities under Indiana law.
Understanding these patterns can help clarify how charges arise, emphasizing the need for awareness of legal boundaries in social or online interactions.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Prostitution law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)