Sections 750.448 and 750.449a – Michigan Legislature

750.448 Soliciting, accosting, or inviting to commit prostitution or immoral act; crime.
750.449a Engaging services for purpose of prostitution, lewdness, or assignation; offer to engage; penalty.

In the state of Michigan, any individual who is older than 16 and who solicits or invites another individual in a vehicle, building, or any public place to commit prostitution or any lewd act by speech, gesture, or any other means is guilty of the crime of soliciting, accosting, or inviting to commit prostitution or immoral act. In addition, any male who is over 16 years of age and who engages or offers to engage in prostitution with a female who is not his wife in exchange for monetary payment or other consideration is guilty of a misdemeanor crime.

Soliciting or accosting an individual for the purpose of engaging in prostitution or to provide sexual services is against the law, as is engaging in sexual acts with a prostitute. Often referred to as the oldest profession in the world, soliciting a person to commit prostitution or engaging in sexual acts with a prostitute while offering money or another form of payment is illegal, and may leave you facing serious criminal charges. Simply stated, prostitution, solicitation of prostitution, and "pimping" are crimes in Michigan.

Punishment:

Solicitation and prostitution are considered misdemeanor offenses in Michigan; a second offense will result in increased criminal penalties. Those convicted of solicitation or prostitution will face a maximum fine of up to $500, up to 93 days in jail, or both. With a second offense, the defendant will face a maximum fine of $1,000, up to one year in prison, or both. A third charge of prostitution or solicitation will result in penalties which include a maximum fine of $2,000 and up to two years in prison if convicted.

Other Consequences:

Most sex crimes result in the individual who is convicted being required to register as a sex offender. This means the defendant will be placed on the Michigan Public Sex Offender Registry. The seriousness of the sex offense will determine the length of time an individual must register. Registered sex offenders face many negative consequences, which include loss of job opportunities and the freedom to choose where they may live.

Another possible consequence of a conviction for prostitution or solicitation is testing for HIV/AIDS or other STD's. This is particularly true if it is determined by the district court that there is a good chance the defendant's body fluid was exposed due to sexual penetration.

Related Crimes:

Crimes related to soliciting to commit prostitution or engaging or offering to engage for the purpose of prostitution include:

  • Pandering; felony.

  • Earnings of prostitute, accepting.

  • Transporting female for prostitution; felony.

  • Leasing houses for purposes of prostitution; misdemeanor.

  • House of ill-fame; keeping, maintaining or operating.

Experience and Success:

Grabel & Associates has extensive experience and success defending clients accused of a wide array of sex charges, including Solicitation and Prostitution. Our firm has successfully defended individuals accused of Solicitation and Prostitution, obtaining dismissals, acquittals, and having convictions overturned on appeal in several cases.

Defenses:

There are numerous defense strategies which may prove successful in defending your innocence. With sex-related crimes, defendants are frequently falsely accused. If convicted of prostitution or solicitation, you may wish to appeal your conviction or sentence, or seek post-conviction relief.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.448 Soliciting, accosting, or inviting to commit prostitution or immoral act; crime.

Sec. 448.

A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.448 ;-- Am. 1969, Act 243, Eff. Mar. 20, 1970 ;-- Am. 2002, Act 45, Eff. June 1, 2002

Former Law: See section 1 of Act 231 of 1925, being CL 1929, § 16871.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.449a Engaging services for purpose of prostitution, lewdness, or assignation, offer to engage; penalty.

Sec. 449a.

Any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness or assignation, by the payment in money or other forms of consideration, is guilty of a misdemeanor. Any person convicted of violating this section shall be subject to the provisions of Act No. 6 of the Public Acts of the Second Extra Session of 1942, being sections 329.201 to 329.208 of the Compiled Laws of 1948.

History: Add. 1969, Act 243, Eff. Mar. 20, 1970