The crime of prostitution is aggressively prosecuted in Omaha, and given the fallout of a conviction, it is important to speak to a skilled defense attorney immediately following your arrest. With a seasoned lawyer and the right defense strategy, you can successfully fight your charges.
At Berry Law, our Omaha prostitution lawyers have years of experience protecting defendants’ constitutional rights and successfully representing them at trial. Reach out to our firm today for help developing a solid defense.
Understanding Prostitution Charges in Omaha
Under Nebraska Revised Statute § 28-801, the illegal act of prostitution occurs when one person performs—or agrees to perform—a sex act in exchange for something of value or money. The statute notes that this offense can never apply to any interaction between married spouses. Additionally, the state has the opportunity to find a person under the age of 18 immune to prosecution for prostitution.
While prostitution often involves the exchange of money, it is not a necessary element of the offense. Under the law, there is a broad range of goods and services that could be considered “valuable,” including illegal items like drugs.
Prostitution is a misdemeanor offense. The crime is treated as a Class II misdemeanor for first- or second-time offenders. Anyone with three or more convictions will be charged with a Class I misdemeanor. A prostitution attorney in Omaha can help you build a defense no matter what class of misdemeanor you are facing.
What is a House of Prostitution?
According to Neb. Rev. Stat. § 28-804, it is illegal to keep a house of prostitution in Omaha. This offense applies to anyone who owns or has control over a structure or building that provides shelter for those involved in acts of prostitution. Any person that allows their private residence to be used for these purposes can face criminal charges.
This offense is treated more harshly than a prostitution charge. As a baseline, keeping a house of prostitution is treated as a Class IV felony. The penalties for this offense could increase if minors were involved in the acts of prostitution. Given the severe consequences of a felony conviction, it is best to consult an experienced lawyer if you were accused of keeping a house of prostitution.
Facing Pandering Offenses
Prostitution and pandering are closely-linked offenses. A pandering offense could involve:
- Encouraging someone to become a prostitute
- Harboring someone for a house of prostitution
- Persuading someone to leave the state to engage in prostitution
- Exchanging or agreeing to exchange anything of value for attaining someone to become a prostitute
This criminal offense is a Class II felony. If you are facing any charges related to prostitution, such as pandering, retain an attorney as soon as possible.
Call an Omaha Prostitution Attorney Right Away
An arrest and conviction for prostitution can lead to a variety of unwanted consequences in your life. Fortunately, fighting these charges is possible with the right legal counsel.
If you were arrested for prostitution in Omaha, now is the time to take legal action. Call an Omaha prostitution lawyer today to get started with a confidential consultation.