GUIDE TO COMMERCIAL SEXUAL SOLICITATION CRIMES

I just got cited for an Oregon commercial sexual solicitation (soliciting a prostitute) charge under ORS 167.008.  What happens now?

If you were arrested / cited for a commerical sexual solicitation (formerly known as "patronizing a prostitute" and, prior to that, "prostitution") charge under ORS 167.008, you were probably given a citation or release agreement directing you to appear in court (often the Multnomah County or Clackamas County Courthouses) at a future date.  Sometimes, in the City of Portland only, the officer may charge you with UPPA or unlawful prostitution procurement activities under PCC Section 14A.40.050..

These offenses are misdemeanor crimes.  The CSS statute is found at ORS 167.008.  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 (Portland and Gresham), Clackamas County (Oregon City), and, sometimes, Washington County, if you hire a private attorney prior to your first appearance on a misdemeanor charge, your defense lawyer may be able to appear on your behalf.  [Note:  On some citations, officers use the abbreviation Comm. Sexual Solicitation.]

If your case is in Multnomah County (Portland) and you live out of state, Mr. Lesh may be able to make all of your court appearances without you having to personally appear if you're charged with commercial sexual solicitation.  Contact him at 503.546.2928 for more information.  If you're not a US citizen, you should contact an attorney immediately. 

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 high bail amount.

Is prostitution legal in Portland?  In Oregon?

No.  Prostitution activity is illegal in all places in the State of Oregon.  

Is prostitution or sexual solicitation a felony in Oregon?

No.  The crimes of prostitution and commercial sexual solicitation are Class A misdemeanor crimes.

How is the crime of commercial sexual solicitation committed in Oregon?

A person commits the crime of commercial sexual solicitation (sometimes known as "prostitution") if a person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.  ORS 167.008.  Law enforcement most often sets up a "sting" operation by placing an ad on a website like eros.com.  Communication is made through phone or text message.  The "John" travels to the motel, and an arrest is made.

How much jail time will I have to do if I am convicted of ORS 167.008 in Oregon?

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 crime of commercial sexual solicitation.  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 (especially prior prostitution related offenses), 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 Multnomah or Clackamas Counties.  What are my options?

If you were arrested for a misdemeanor prostitution related offense (including commercial sexual solicitation under ORS 167.008) in Multnomah County or Clackamas County, you likely will be cited to appear court.  These District Attorney's Offices offers eligible defendants the opportunity to obtain a dismissal of a ORS 167.008 charge if they remain crime free for six months and attend an expensive one day Johns' Class.  This program is referred to as the First Offender Prostitution Program or FOPP.

If you are a not a US Citizen, the FOPP program may be an attractive option.  However, you want to avoid entering a plea to the charge if possible.  A guilty or no-contest plea is often considered the equivalent to a conviction under federal immigration law even if the charge is ultimately dismissed.  Contact David Lesh about the possibility of earning a dismissal of your charge without entering a guilty plea.

Do the police conduct prostitution stings in Portland?

Yes.  Law enforcement conduct periodic stings throughout the State of Oregon.

How can I avoid a conviction for commercial sexual solicitation / patronizing / prostitution?

Aside from the first offender program (FOPP diversion), the only way to avoid a conviction is usually to take your case to trial and win.  [Presently, most counties do not offer deferral / diversion programs for solicitation charges.]

The best way to avoid a conviction of course is to not get arrested for the charge.  Numerous local law enforcement agencies (including the Portland Police Bureau) are conducting periodic  undercover sting operations on webpages such as eros or apps like meetup, whisper, or a variety of others.  These operations usually involve an undercover officer posting an ad.  A "deal" is then made with a prospective John over a recorded telephone call or through an text / app message exchange.  When the John arrives at the meeting place (usually a hotel / motel room), 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.  Money is also seized.

Can I expunge or seal a patronizing / commercial sexual soliciatation conviction?

The crimes of commercial sexual solicitation / patronizing / prostitution are eligible to be expunged or sealed if the applicant meets the eligibility requirements. 

What are other things I should know?

Keep in mind the following:

• You will not have to register as a sex offender even if you're convicted of a commercial sexual solicitation charge.  It is not a sex crime under Oregon law.

• Commercial sexual solicitation is an offense which can be sealed / expunged under Oregon law.

• Commercial sexual solicitation is not a felony.

• Most first offenders will not have to do any jail time. And,

• If you're charged in Multnomah or Clackamas Counties as a first offender you likely can earn a dismissal of the charge without having to go to trial.

How do I contact David Lesh for legal help with my commercial sexual solicitation citation?

Mr. Lesh provided expert prostitution and commercial sexual solicitation criminal defense.  He does not charge for an initial consultation.  Call his office at 503.546.2928 to speak with him.  Mr. Lesh's office is located at 434 NW 19th Avenue in Portland.

Mr. Lesh has defended numerous individuals charged with solicitiation in the State of Oregon.  He has taken to trial prostitution related charges in Multnomah County, Washington County, and Clackamas County.