Solicitation Criminal Attorney in Gillette, WY

Protecting Your Rights in Wyoming & South Dakota

A charge of solicitation, particularly in connection with prostitution, can carry significant legal and personal consequences. In Wyoming and South Dakota, these charges are taken seriously, and a conviction can lead to fines, jail time, and a lasting stain on your reputation. If you're facing allegations of solicitation in Gillette, Wyoming, or anywhere in the surrounding areas of Wyoming and South Dakota, securing experienced legal representation immediately is important. At Just Criminal Law, we understand the complexities of these cases and are dedicated to providing a vigorous defense to protect your rights and future.

Contact us today at (307) 300-2240 for a consultation, and take a decisive step towards resolving your legal challenges. 

What is Solicitation in Wyoming & South Dakota?

While the general concept of solicitation involves requesting or enticing someone to commit a crime, in the context of prostitution, it specifically refers to the act of offering or agreeing to pay for sexual acts. It's important to understand that you don't need to complete the sexual act to be charged; the offer or agreement itself is often sufficient for a charge to be filed.

In Wyoming: Wyoming Statute § 6-4-102 defines soliciting an act of prostitution. A person is guilty if, "with the intent that an act of sexual intrusion... be committed, that person knowingly or intentionally pays, or offers or agrees to pay money or other property to another person under circumstances strongly corroborative of the solicitous intent." "Sexual intrusion" is broadly defined and includes various forms of sexual contact.

In South Dakota: South Dakota law also prohibits solicitation related to prostitution. Specifically, South Dakota Codified Law § 22-23-9 addresses "Hiring for sexual activity," stating that "A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor." Additionally, South Dakota Codified Law § 22-4A-1 covers "Criminal solicitation" more broadly, applying to anyone who, "with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct which would constitute the commission of such offense or an attempt to commit such offense." While the latter is a general solicitation statute, it can certainly apply to prostitution-related offenses.

The key element in both states is the intent to engage in a sexual act for compensation. This intent, often inferred from words or actions, is what prosecutors aim to prove.

Common Forms of Solicitation

Solicitation charges can arise from a variety of scenarios. Law enforcement in Gillette and across Wyoming and South Dakota often employs sting operations to apprehend individuals involved in these activities. Common forms of solicitation include:

• Street-level encounters: Approaching individuals on the street, especially in areas known for prostitution, and offering money for sex.
• Online solicitation: Using websites, social media, or messaging apps to arrange a sexual encounter for payment. This is increasingly common and often involves undercover officers.
• Hotel/motel stings: Undercover officers posing as prostitutes or clients in hotel rooms, often in response to online advertisements or calls.
• "John" stings: Police operations targeting individuals (often referred to as "johns") who seek to purchase sex, with officers posing as sex workers.
• Offering favors/goods for sex: While money is the most common form of compensation, offering other favors, services, or goods in exchange for sexual activity can also constitute solicitation. This might include offering a place to stay, drugs, or other valuables.

Penalties for Solicitation in WY & SD

The penalties for solicitation convictions in Wyoming and South Dakota can be severe, impacting your freedom, finances, and future opportunities.

In Wyoming: Soliciting an act of prostitution is generally classified as a misdemeanor.

• Imprisonment: Up to six (6) months in jail.
• Fines: Up to seven hundred fifty dollars ($750.00).
• Or both.

Beyond these immediate legal consequences, a conviction can lead to:

• Criminal Record: A permanent mark on your record that can be easily accessed by employers, landlords, and others.
• Reputational Damage: The stigma associated with a sex-related offense can be profound, affecting personal relationships, social standing, and professional prospects.
• Employment Issues: Many professions, especially those requiring licenses or working with vulnerable populations, may be jeopardized by a solicitation conviction.
• Travel Restrictions: In some cases, a criminal record can impact your ability to travel internationally.

In South Dakota: Hiring for sexual activity (solicitation) is generally a Class 1 misdemeanor for a first offense.

• Imprisonment: Up to one (1) year in county jail.
• Fines: Up to $2,000.

Subsequent offenses or circumstances that elevate the charge (e.g., if a minor is involved, or if it's connected to human trafficking) can result in much more severe penalties, including felony charges, longer prison sentences, and significantly higher fines.

Regardless of whether it's a misdemeanor or felony, the collateral damage from a solicitation conviction can be devastating.

Solicitation FAQs

Can I be charged with solicitation if no money changed hands?

Yes. In both Wyoming and South Dakota, the "offer or agreement to pay" for sexual activity is often sufficient for a charge of solicitation, even if no money or other compensation was exchanged or the act itself did not occur.

What if I was entrapped by an undercover officer?

Entrapment is a viable legal defense. If you can demonstrate that law enforcement officers induced you to commit a crime you otherwise would not have committed, it could lead to the dismissal of charges or a "not guilty" verdict. An attorney can help determine if this defense applies to your situation.

Will a solicitation conviction appear on my public record?

Yes, generally. A conviction for solicitation will become part of your public criminal record. This can have long-lasting consequences for employment, housing, and other aspects of your life.

Is solicitation considered a sex offense?

While solicitation is a misdemeanor in most first-time cases in Wyoming and South Dakota, it is often categorized under sex offenses or offenses against public morals. The societal stigma attached to such charges is significant.

Do I need an attorney even if it's a first offense?

Absolutely. Even a first-time misdemeanor conviction for solicitation can have serious and lasting repercussions. An attorney can help you understand your rights, explore all possible defenses, and work to mitigate the impact on your life. Do not attempt to navigate the legal system alone.

Why You Need a Gillette Solicitation Defense Attorney

Facing a solicitation charge in Gillette, WY, or anywhere in Wyoming or South Dakota, can feel overwhelming. The legal system is complex, and the stakes are incredibly high. An experienced criminal defense attorney can be your strongest advocate, fighting to protect your rights and achieve the best possible outcome.

At Just Criminal Law, we will:

• Conduct a Thorough Investigation: We will meticulously review all evidence, including police reports, witness statements, and any digital communications, to identify weaknesses in the prosecution's case.
• Challenge the Evidence: We will scrutinize how evidence was collected, whether proper procedures were followed during the arrest, and if your constitutional rights were violated. This can include issues like illegal searches or improper interrogations.
• Explore Defense Strategies: Common defenses in solicitation cases include:
• Lack of Intent: Proving that you did not have the specific intent to engage in a sexual act for compensation.
• Mistaken Identity: If you were wrongly identified as the person who committed the offense.
• False Accusations: If the allegations against you are untrue or fabricated.
• Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed. This is a common defense in sting operations.
• No Agreement/Offer: Arguing that there was no clear offer or agreement for sexual services in exchange for payment.
• Negotiate with Prosecutors: We will engage in discussions with the prosecution to explore options such as reduced charges, diversion programs, or alternative sentencing, where appropriate.
• Represent You in Court: If your case goes to trial, we will aggressively represent you, presenting your defense and cross-examining witnesses to challenge the prosecution's narrative.
• Protect Your Reputation: We understand the sensitive nature of these charges and will work discreetly to minimize public exposure and protect your good name.

Don't let a solicitation charge define your future. Call (307) 300-2240 or contact us online today for a confidential consultation.