I just got arrested / cited for an Oregon prostitution charge.  What happens now?

If you were arrested for a prostitution or unlawful prostitution procurement activities (UPPA) charge, you were probably given a citation or release agreement directing you to appear in court at a future date.  Both of these offenses are misdemeanor crimes.  You must appear at the date and time noted or a warrant will be issued for your arrest.  In certain counties, such as Multnomah County, if you hire a private attorney prior to your first appearance on a misdemeanor charge, your lawyer may be able to appear on your behalf. 

If you were arrested for a promoting prostitution or compelling prostitution, you will most likely be booked into custody and brought before a judge the next business day.  These are felony crimes and require your personal appearance.  Compelling prostitution is a Measure 11 offense and usually has a very high bail amount.

How is the crime of prostitution committed?

A person commits the crime of prostitution if:  (1) the person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or (2) the person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.

Under the code of the City of Portland, it is unlawful for any person to engage in any "prostitution procurement activity" with an intent to induce, entice, solicit, procure, locate, or contact another person to commit an act of prostitution.  "Prostitution procurement activity" means any conduct by any person that constitutes a substantial step in furtherance of an act of prostitution.  Such activity includes, but is not limited to, lingering in or near any street or public place, repeatedly circling an area in a motor vehicle, or repeatedly beckoning to, contacting, or attempting to stop pedestrians or motor vehicle operators.

UPPA is only a crime in the City of Portland as it is a violation of Portland's city code and not state statute. 

How much jail time will I have to do if I am convicted?

By definition, conviction of any criminal offense comes with the possibility of jail / prison time.  However, some convictions result in no custody sentence, and that is often the case with the crimes of prostitution and unlawful prostitution procurement activities.  The amount of incarceration (jail) received will depend on a number of factors, including (but not limited to) the following:

•  the crime for which you're convicted;

•  your criminal history, if any;

•  which Oregon county or municipal court your case is in;

•  what judge you are sentenced by;

•  whether the judge feels you have accepted responsibility for your actions.

The felony crime of promoting prostitution comes with the possibility of jail time or prison time depending on a number of factors. 

Persons convicted of compelling prostitution face a minimum sentence of 70 months in prison under Ballot Measure 11.

I am cited to appear in "community court" in Multnomah County.  What does this mean?

If you were arrested for a misdemeanor prostitution related offense in Multnomah County, you may be cited to appear in community court.  Community court offers defendants the opportunity to perform a quantity of community service in exchange for a either a sentence of discharge of the prostitution related charge.  It does NOT result in a dismissal of the charge.

Talk to your lawyer about whether this option is right for you.  In this lawyer's opinion, community court is a good option for some crimes but not prostitution related offenses.

How can I avoid a conviction for prostitution?

The only way to avoid a conviction for prostitution in Multnomah County is to take your case to trial and win.  The Multnomah County District Attorney's Office has a policy of not dismissing prostitution related charges pursuant to plea negotiations.  In other words, they will not allow you to plea guilty to a second charge (like disorderly conduct) and dismiss a prostitution charge.  As noted above, participation in the community court program does NOT result in a dismissal of the charge.

The best way to avoid a conviction of course is to not get arrested for the charge.  Numerous local law enforcement agencies are conducting periodic Craigslist undercover sting operations.  These operations usually involve an undercover officer posting an ad under the "adult services" (formerly erotic services) or "casual encounters" listing.  A "deal" is then made with a prospective John over a recorded telephone call or through an email exchange.  When the John arrives at the meeting place (usually a hotel / motel room / house), he is greeted by a number of arresting officers.  His cell phone is then seized and searched for the telephone number and / or text messages.

In a more recent twist, law enforcement officers ask the John to bring some type of controlled substance.  If done, this usually results in one or more felony charges for DCS (delivery of a controlled substance) and PCS (possession).  Suburban cities with absolutely no prostitution problems use these stings so that their agencies can issue a press release and make a media splash. 

The Portland Police Bureau continues to conduct periodic missions where they put an undercover female officer on the street posing as a prostitute in high vice areas of the city.  Other officers covertly watch the officer until she gives an arrest signal after a deal has been made with the prospective John.  Officers will also watch suspected prostitutes on the street and follow them once they get into a vehicle with a John.  The two are contacted once they get to a roadside spot for a sex act.

Can I expunge or seal a prostitution conviction?

Prostitution and UPPA arrests and convictions are eligible to be expunged or sealed if the applicant meets the eligibility requirements.  A conviction for compelling prostitution cannot be expunged.