Delaware prostitution laws

With provisions for minimum mandatory sentences and clear specifications involving locations, Delaware prostitution statutes strictly prohibit prostitution within its state boundaries. Like many states in the United States, Delaware's laws set forth clear, succinct guidelines about the crime of prostitution.

Definition of prostitution

Delaware's definition of prostitution is pretty much like those belonging to other states in the U.S. Anyone who is caught engaging in or offering to participate in sexual acts in exchange for money or a fee is charged with prostitution. The basic charge is just a Class B Misdemeanor, with a possible sentence of up to 6 months in jail and/or a fine up to $1,150. Most offenses get suspended sentences. However, if the crime is committed within 1,000 feet of a residence, school, synagogue, church or other place used for religious worship, it becomes a Class A Misdemeanor with a minimum mandatory sentence of $500.

Nobody may be prosecuted for prostitution offenses as a result only of uncorroborated testimony. Specific Delaware statutes prohibit this.

Patronization of a prostitute

Patronization is simply offering money or valuables to or agreeing to exchange a fee in return for sexual conduct with another person. A request accompanied with an offer of money is considered patronization. If patronization occurs from a vehicle or involving a vehicle, the authorities have the right to seize the vehicle from its owner, according to Delaware statutes. Release of the vehicle are dependent on the circumstances regarding the crime.

STD Testing

All persons convicted of prostitution or patronization are mandated by the court to undergo sexually transmitted disease testing. Results from the tests are not a matter of public record, but they will be released to the defendant, his or her spouse and the court. All tests are at the cost of the defendant.

Promoting prostitution by degrees

There are three levels of prostitution promotion that defendants can be charged with in Delaware. First, second and third degrees all have varying circumstances that go along with each of them.

Promoting prostitution in the 3rd degree: Ranked as a class f felony, this charge is for someone who has been arrested for knowingly advancing and or profiting from acts of prostitution. With some prison time and a small fine possible, it's a conviction that will cause some long term effects.
Promoting prostitution in the 2nd degree: Those arrested on this charge may be found guilty of profiting from acts of prostitution as a supervisor, manager or owner of a house of prostitution or a boss of an enterprise with two or more prostitutes. Classified as a Class E Felony, this has a punishment of up to 5 years in prison and a mandatory fine. Additionally, anyone found guilty of engaging someone under the age of 18 years old, may be found guilty of this charge.
Promoting prostitution in the 1st degree: A Class C Felony, someone who is found guilty of forcing or enticing someone to engage in acts of prostitution due to coercion or physical or emotional threats will receive a sentence of 5 to 25 years plus a fine to be determined by the court.

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