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Misdemeanor Prostitution Charges in Oklahoma
Oklahoma State Prostitution Law
Under Oklahoma state law engaging in simple prostitution and soliciting prostitution is a misdemeanor that is punishable from 30 days to 1 year in county jail. A misdemeanor prostitution conviction also carries a minimum of 40 hours community service (and not more than 80 hours community service). A fine for a first conviction is from $0-$2500, a fine for a second conviction is from $0-$5,000 and a fine for a third conviction is from $0-$7500. (See Oklahoma Statute Title 21 Section 1029 and 1031)
Tulsa Municipal Court (City Court) Prostitution Charges
Many crimes are punishable under multiple jurisdictions. Prostitution is one of those crimes. In the City of Tulsa most misdemeanor prostitution arrest are made by the Special Investigation Division (SID) of the Tulsa Police Department are prosecuted in Tulsa Municipal Court, not Tulsa County Court (state court). If a defendant is charged with soliciting prostitution or engaging in prostitution in Tulsa Municipal Court they will not be prosecuted in Tulsa County Court (and vice versa).
In Tulsa Municipal Court it is a violation of a city ordinances to procure, solicit or to engage in prostitution and a violation of any of those ordinances carries not less than thirty (30) days nor more than six (6) months in the City jail. (See Tulsa Municipal Ordinance Title 27 Section 606) The specific language of these ordinances are listed below.
Procuring and Soliciting Tulsa Municipal Ordinance Title 27 Section 603
It shall be an offense for any person to:
A.Offer or to offer to secure another with the intent of having such person commit an act of prostitution or with the intent of having such person commit any other lewd or indecent act; or
B.Solicit, induce, entice or procure another to commit an act of lewdness or prostitution with himself or herself; or C.Reside in, enter or remain in any house, place, building or other structure, or to enter or remain in any vehicle, trailer or other conveyance with the intent of committing an act of prostitution or lewdness; or
D.Knowingly accept, receive, levy or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman or man engaged in prostitution.
Engaging in Prostitution or Lewdness Tulsa Municipal Ordinance Title 27 Section 604
It shall be an offense for any person to engage in prostitution or lewdness.
Prostitution and Lewdness is Defined in the Tulsa Municipal Ordinances as follows:
A. Prostitution. The term "prostitution" as used in this code shall be construed to include:
1. The giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; or
2. The making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value.
B. Lewdness. The term "lewdness" as used in this code shall be construed to include:
1. Any lascivious, lustful or licentious conduct; or
2. The giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lascivious, lustful or licentious conduct with any person not his or her spouse; or
3. Any act in furtherance of such conduct or any appointment or engagement for prostitution.
(See Tulsa Municipal Ordinance Title 27 Section 600)
Prosecutions in Tulsa County Court (State Court) vs Tulsa Municipal Court (City Court)
Generally speaking being prosecuted in state court is more serious than being prosecuted in municipal court. When I say "more serious" I mean that it carries a potential of more punishment and you are likely to be punished more harshly. However, in the City of Tulsa you are generally better off being charged in Tulsa County (State Court) than in Tulsa Municipal Court. This is because of the hardline that the Tulsa Municipal Prosecutor's Office takes on these types of charges. The City of Tulsa Prosecutor's office generally begins offering plea agreements of 30 days in jail and 5 months probation. Sometimes you can convince the prosecutor's office to reduce their recomendation from 30 days down to 10 days, but they will generally not agree to a sentence that does not involve jail time.
Avoiding Jail Time for Misdemeanor Prostitution in City of Tulsa Court
If a defendant is charged with prostitution in Tulsa Municipal Court and the prosecutor refuses to agree to a plea that does not involve jail time an option that a defendant might want to explore is to entire a blind plea and to request a Pre-Sentence Investigation Report from the City of Tulsa Probation Office. I have used this strategy to avoid jail time for my client and even get my client a deferred sentence, when my client had no other criminal history. I do not recomend this strategy if the client has criminal history.