Omaha Prostitution Defense Lawyers

Prostitution Under Nebraska Law vs Solicitation

In Nebraska, prostitution and solicitation are two separate charges with different burdens of proof and penalties.

Prostitution Definition

Under Nebraska Revised Statutes 28-801, prostitution involves offering, performing, or selling a sex act in exchange for something of value. The act doesn’t even have to be completed. The mere offer is enough to trigger a criminal charge.

Solicitation Definition

Solicitation, on the other hand, is the other side of that exchange. It involves offering to pay or trade something of value for sexual contact. And Nebraska takes solicitation just as seriously as prostitution. In some cases, a solicitation charge can even carry steeper penalties.

Penalties for Prostitution and Solicitation in Omaha

The penalties for prostitution are serious and can be severe, depending on the circumstances. The first offense is a Class II misdemeanor that can mean up to six months in jail and up to $1000 in fines. Two or more convictions are a Class I misdemeanor, which comes with up to a year in jail and $1000 in fines.

In some cases, defendants may be put on probation as a result of a prostitution conviction in NE. Probationary requirements can include mandatory mental health services, substance abuse treatments, community service, house arrest, and other interventions. Consult the Dornan Law Team to learn more.

Solicitation Penalties

Those who offer to pay for sex can be hit with a Class I misdemeanor, which carries a minimum $250 fine and up to a year in jail. Habitual offenders may face a Class IV felony, which carries up to 5 years in prison and a steep $10,000 fine.

Solicitation and prostitution charges can show up on background checks and employment verifications. Both can negatively impact job opportunities, professional licensing, immigration proceedings, relationships, and reputations. Book your consultation with Omaha prostitution defense lawyers as soon as possible.

Prostitution and Pandering

Prostitution is when someone sells or trades items of value for sex acts. Pandering is when someone recruits others into prostitution, and that’s a Class II felony in Nebraska. If a minor is involved, however, the pandering charge can be immediately escalated to a Class III felony that could mean up to 50 years in prison.

Trafficking and Affirmative Defense

Being trafficked into prostitution is a recognized defense to prosecution in Nebraska. Under Revised Statutes 28-830, a person may be immune from prosecution if law enforcement determines that the person was acting as a direct result of human sex trafficking. Let Dornan Law Team review your case and develop a strong defense on your behalf.

Defense Strategies for Prostitution in Omaha

All prostitution, solicitation, and trafficking cases look different under a legal microscope. But we know how to look through the lens and see the bigger picture.

You deserve an Omaha prostitution defense lawyer who can examine every detail of your case, including whether there was an actual offer or agreement and whether entrapment was involved. The prosecution must prove that a specific exchange was proposed, and if you felt pressured to act, that’s a legitimate defense.

Many Omaha prostitution cases rest almost entirely on a single law enforcement officer’s account of the situation. We can challenge that account’s consistency, credibility, and gaps to help turn the case in your favor. Illegal stops, improper searches, and constitutional violations are also viable.

How to Prepare for Your Defense

What you say and do immediately after getting arrested for prostitution determines what your lawyer has to work with when defending you. Prepare by writing down everything you can remember about the incident, including what was said, where you were, who was present, and the sequence of events. We can help you get it organized for a solid defense.

Gather text messages, receipts, and documents relevant to your case, and don’t delete or throw away anything, even if it feels incriminating. The Dornan Law Team needs the full picture to help you. Don’t discuss your case with anyone else.

Next Steps

If you’ve been charged with prostitution in Omaha, remember that your statements to law enforcement and others can become part of the prosecution’s case against you. Stay silent and stay protected. Book your consultation with Dornan Law Team today.