Call Us Today
If You're Facing Prostitution Charges...

Tennessee prosecutors take prostitution-related crimes seriously, especially when allegations involve minors, schools, or repeat offenders. At Harvey Criminal Defense Lawyers, we fight for people facing these deeply stigmatizing charges. Whether it’s your first offense or you’re facing felony-level accusations, we know how to build a strategic defense and help you take back control.

Arrested or Charged with Prostitution in Memphis?

What is Prostitution Under Tennessee Law?

Tennessee Code § 39-13-513 defines prostitution as:

  • Engaging in or offering to engage in sexual activity as a business
  • Being an inmate in a house of prostitution
  • Loitering in public to be hired for sexual activity

Prostitution is usually charged as a Class B misdemeanor, punishable by up to 6 months in jail and a $500 fine. However, charges can be upgraded based on the location or nature of the offense.

Enhanced Penalties for Prostitution Near Schools or Churches

If the alleged act took place within:

  • 1.5 miles of a K-12 school, or
  • 100 feet of a church,

the charge is elevated to a Class A misdemeanor, which can mean:

  • Up to 11 months and 29 days in jail
  • A minimum of 7 days in jail
  • At least a $1,000 fine

These geographic enhancements make it especially easy to face harsher penalties in urban areas like Memphis.

Prostitution Charges Involving Minors

If a person suspected of prostitution is under 18 years old, Tennessee law offers them protection, not prosecution. Under § 39-13-513(d), minors are considered potential victims of human trafficking and:

  • Cannot be criminally prosecuted for prostitution
  • Must be reported to the Department of Children’s Services
  • Must be released to a parent/guardian or taken to a juvenile shelter

This is an important safeguard for minors but also adds complexity in cases where age or identity is misrepresented.

Legal Definitions That Impact Your Case

Tennessee law also defines:

  • Patronizing prostitution (§ 39-13-514): Hiring or attempting to hire someone for sexual activity
  • Promoting prostitution (§ 39-13-515): Managing a prostitution business, recruiting others to engage in prostitution, or receiving financial benefit from it
  • House of prostitution: Any location regularly used to carry out prostitution under someone’s control

These related charges can escalate a misdemeanor to a Class E or D felony, especially when:

  • A minor is involved
  • The accused has prior convictions
  • Prostitution occurs within school zones

What to Expect After a Prostitution Arrest in Memphis

Facing a prostitution charge is overwhelming, especially if:

  • You believe the arrest was a mistake
  • You were the victim of a trafficking scheme
  • You were profiled during a police sting operation

Here’s what happens next:

  1. Arrest and Booking – You’ll be taken to jail, fingerprinted, and possibly held until arraignment.
  2. Initial Appearance – You’ll be formally told your charges and set a bond amount.
  3. Pre-Trial Hearings – This is your opportunity to fight the charges, seek dismissal, or negotiate a plea.
  4. Trial or Resolution – If no resolution is reached, your case proceeds to trial.

Harvey Criminal Defense Lawyers will examine every step to challenge illegal searches, improper stings, or false assumptions made by law enforcement.

Possible Defenses to Prostitution Charges in Tennessee

Tennessee recognizes legal defenses in prostitution cases, especially when trafficking or coercion is involved. Common defenses include:

1. Victim of Human Trafficking

Under § 39-13-513(e), if you were charged while being a victim of trafficking (§ 39-13-307 or § 39-13-309), you may be eligible for full dismissal.

2. Entrapment by Police

If you were induced by undercover officers to commit a crime you wouldn’t have otherwise committed, your attorney may raise entrapment as a valid defense.

3. Lack of Intent or Misidentification

Simply being present in a high-risk area or using vague language doesn’t prove criminal intent. We often see vague or misinterpreted exchanges being used as weak evidence.

4. Constitutional Violations

Unlawful searches, wiretaps, or surveillance may violate your Fourth Amendment rights. If so, the evidence may be excluded.

We also pursue plea bargains, diversion programs, and expungement options for eligible first-time offenders.

Why Hire Harvey Criminal Defense Lawyers?

Proven Record in Sex-Related Offense Defense

We understand the lifelong impact a prostitution conviction can have. It’s not just jail time you’re facing—it’s the judgment of employers, landlords, and even your own community. We build defenses that aim to protect your future, not just reduce your charges.

Memphis-Focused Legal Strategy

Our team knows how prostitution cases are handled in Shelby County and Memphis courts. That local insight allows us to:

  • Challenge sting operation procedures
  • Negotiate effectively with prosecutors
  • Advocate for alternatives to jail

Personalized, Confidential Defense

We offer judgment-free legal counsel. Your privacy and dignity matter. Whether your case involves a misunderstanding, financial desperation, or a trafficking situation, we fight for the result that puts your life back on track.

Call a Memphis Prostitution Lawyer Today

Even a misdemeanor prostitution charge can cause long-term damage to your record, relationships, and livelihood. Don’t wait until your first court date to seek help.

Contact Harvey Criminal Defense Lawyers today to schedule a confidential consultation. Let us stand between you and the consequences of a charge that doesn’t define who you are.

Frequently Asked Questions

What are the penalties for a first-time prostitution offense?

A first offense is usually charged as a Class B misdemeanor, which can lead to up to 6 months in jail and a fine. However, if the arrest occurred near a school or church, penalties can increase significantly.

Is prostitution always charged as a misdemeanor?

No. If the case involves promoting prostitution, solicitation of a minor, or occurs in a restricted zone, it may be charged as a felony.

Can a prostitution charge be expunged in Tennessee?

Yes, certain misdemeanor convictions may be expunged after a waiting period if no other criminal history exists. Dismissed charges or completed diversion programs may also be eligible.

Does Tennessee treat juvenile prostitution differently?

Yes. Anyone under 18 is considered a trafficking victim and cannot be criminally prosecuted. Police must release the minor to a guardian and report the case to child services.

What happens if I was falsely accused in a sting operation?

Sting operations must follow strict procedures. If police used misleading tactics or you were entrapped, a skilled attorney can challenge the case.

CRIMINAL ATTORNEY NEAR MEMPHIS, TN

Proudly Serving Memphis, TN &
Surrounding Counties
Serving: Memphis, Germantown, Collierville, Bartlett, Covington, Somerville, Brownsville, Jackson, Henderson & surrounding areas.
100% Confidential - Virtual, Phone or In-Office

MEMPHIS CRIMINAL DEFENSE

Your Future Depends on the Decisions You Make Today

The prosecutors are already building their case against you. Every day you wait is another day they get stronger.

But you don’t have to face this alone.

  • 100% Confidential Consultation
  • Quick Answers to Your Questions
  • Focused, Individual Attention
  • No Judgment — Just Results
Remember: Don't talk to investigators alone.
Your next call should be to us.