What Happens If I Am Charged with Prostitution (TCA § 39-13-513) in Memphis, TN?

A Charge That Can Follow You for Life—Unless You Fight It

Being arrested or charged with prostitution in Memphis doesn’t just come with the possibility of jail time. It can impact your job, your relationships, and your reputation in the community. If this is your first run-in with the law, you might be confused, scared, or ashamed. And if it’s not your first charge, the stakes could be even higher.

At Harvey Criminal Defense Lawyers, we don’t pass judgment. We fight for people who are facing charges under Tennessee Code § 39-13-513 because we know this system doesn’t treat everyone fairly—and we know how to fight back when the police or prosecutors go too far.

In this post, we’ll break down what the law says, what penalties you face, what defenses may apply, and why your first move after an arrest should be calling a defense attorney you trust.

What is Prostitution Under Tennessee Law?

Tennessee Code Annotated § 39-13-513 makes it a crime to “engage in prostitution.” That includes any act of offering, agreeing to, or engaging in sexual activity for money or compensation.

This charge is typically filed after a sting operation or undercover police work. But just because an officer claims you agreed to something doesn’t mean the State can prove it.

Here’s what else you need to know about the statute:

• Basic Prostitution (Class B Misdemeanor): Up to 6 months in jail and a $500 fine.
• If Near a Church or School: The charge becomes a Class A misdemeanor with more serious consequences:
  • Up to 11 months, 29 days in jail.
  • A fine of at least $1,000.
  • Mandatory 7-day jail sentence if within 1.5 miles of a school.
• Minors Can’t Be Prosecuted: If the person is under 18, they are legally considered a victim—not a perpetrator—and cannot be charged.

Penalties If Convicted of Prostitution in Memphis

A conviction under this statute can bring more than just jail time:

• Permanent criminal record – even a misdemeanor can haunt you.
• Public shame – your arrest may be posted online.
• Barriers to employment – especially for jobs requiring background checks.
• Child custody or immigration issues – a conviction could affect family law matters or legal status.
• Probation and court fees – even if you avoid jail, you may still face costly supervision.

If you’ve been convicted before, especially in a designated zone (school/church), prosecutors may push for maximum sentencing.

This is why having the right defense lawyer matters. You don’t have to accept the State’s version of events—and you may have options to avoid conviction entirely.

Common Defenses to Prostitution Charges

At Harvey Criminal Defense Lawyers, we approach these cases with one goal: protect your name, your rights, and your future.

Here are just a few defenses that may apply:

1. Entrapment

If an undercover officer pressured you or initiated contact in a way that made you act out of character, we may argue entrapment. The law prohibits law enforcement from creating crime just to make arrests.

2. No Agreement Took Place

Many prostitution charges rest on vague conversations. But unless there was a clear, mutual agreement involving sexual conduct and payment, the charge may not hold up.

3. You Were a Victim of Trafficking

Under TCA § 39-13-513(e), if you were forced or manipulated into prostitution—whether by threats, coercion, or abuse—you may have a complete legal defense. Victims of trafficking deserve protection, not punishment.

4. You Were Misidentified or Misunderstood

In chaotic sting operations, people get falsely accused. We can challenge the officer’s credibility, review surveillance footage, and fight back against any weak or fabricated evidence.

What If I’m Charged Near a School or Church?

The law increases penalties dramatically if the alleged offense occurred within:

• 100 feet of a church, or
• 1.5 miles of a school (K–12)

Even if you didn’t know you were in a designated area, the State can still pursue enhanced charges. That’s why your defense attorney must challenge not just the accusation—but the location, measurement, and whether the enhancements apply at all.

If you are convicted near a school, the court must impose:

• At least 7 days in jail
• At least a $1,000 fine

We’ve helped clients avoid these mandatory penalties before by negotiating lesser charges—or getting the case dismissed altogether.

What If This Isn’t My First Arrest?

Repeat offenses can lead to harsher penalties, including:

• Longer jail time
• Higher fines
• Loss of eligibility for diversion or expungement
• Being labeled as a “habitual offender” by the court

But even if you’ve been in this situation before, you still have options.

We may be able to:

• Challenge the legality of the stop or arrest
• Suppress evidence obtained through illegal means
• Negotiate for counseling or diversion programs
• Fight for a reduced charge that doesn’t damage your record

You deserve a defense that looks at your full story—not just your past.

Will Hiring a Lawyer Help? (Yes. Absolutely.)

You might be thinking, “It’s just a misdemeanor—I’ll just plead guilty and move on.”

Don’t.

Pleading guilty can follow you for years. You may be:

• Turned away from jobs
• Excluded from housing
• Flagged during background checks
• Denied student loans or licensing

When you hire Harvey Criminal Defense Lawyers, we take immediate action to:

• Investigate your arrest – Were your rights violated? Was the charge justified?
• Challenge the evidence – Many prostitution charges are built on thin or misleading claims.
• Negotiate for alternatives – We pursue every legal option to avoid a conviction.
• Protect your privacy – We handle your case discreetly and without judgment.

Arrested for Prostitution in Memphis? Call Us Now.

A prostitution charge doesn’t have to define your life. But how you respond to it will.

If you’ve been arrested, received a summons, or believe you’re under investigation, don’t wait.

Contact Harvey Criminal Defense Lawyers today for a confidential consultation.

We’ll review your case, explain your rights, and start building a defense strategy that puts your future first.

Because no matter what you’re accused of—you deserve to be treated like a human being.