Prostitution is a serious criminal offense in the state of Nebraska. These cases can be complex, and individuals accused of prostitution may face different degrees of punishment depending on their history of similar convictions.
An experienced Fremont prostitution lawyer could be a valuable ally for anyone facing charges for selling or performing sexual services for compensation. In addition to preserving your rights throughout every stage of prosecution, a dedicated criminal defense attorney could also work to challenge the merits of the case against you. This is key in minimizing potential sanctions you might face upon conviction.
What Counts as “Prostitution” in Fremont?
Under Nebraska Revised Statutes §28-801, it is a criminal offense for anyone to perform, agree to perform, or offer to perform any sexual act with another person in exchange for something of value. Importantly, the term “sexual act” in this context includes both sexual contact and sexual intercourse. This means that any form of sexual activity meets the criteria for prostitution if it is done for compensation. Likewise, “something of value” may entail not only money, but also physical property, favors, or even other non-sexual services.
It is also important to note that no sexual act actually has to occur in order for someone to be charged with prostitution. Someone who knowingly and intentionally makes an offer of sexual services for compensation with the intent of performing those services could face a prostitution charge and conviction.
Human Trafficking in Prostitution Cases
Importantly, someone who engages in prostitution because they have been victimized by human trafficking may be able to use their circumstances as an affirmative defense against criminal conviction. A knowledgeable Fremont prostitution attorney could further explain the relevant legal definitions and explain how they might impact potential defense strategies.
Increasing Penalties for Subsequent Prostitution Convictions
First and second convictions for prostitution in Nebraska are considered Class II misdemeanors. This means that a convicted individual may face maximum sanctions of $1,000 in fines and six months of incarceration.
However, the offense becomes a Class I misdemeanor for two or more prior prostitution convictions. In this situation, maximum penalties upon conviction may include a one-year jail sentence in addition to $1,000 in fines.
Options for Probation in Prostitution Cases
Alternatively, courts ruling on prostitution cases may sentence convicted defendants to a period of probation. They could also mandate completion of mental health and/or substance abuse assessments as a condition of the probationary term. A prostitution lawyer in Fremont could clarify what sanctions a particular defendant may be facing and work to mitigate the impact those sanctions will have on their future prospects.
Seek Assistance from a Fremont Prostitution Attorney
Although they are prosecuted as misdemeanors rather than felonies, the criminal and personal repercussions of a prostitution charge can be severe. Legal authorities treat these kinds of cases seriously, and a conviction could have a long-lasting impact on your reputation and future.
Protecting your rights and best interests could be much easier with assistance from a Fremont prostitution lawyer. Get the dedicated representation you need to move forward with your life. Call today to discuss defense strategies for your case.