Prostitution Charges in Hawaii

In Hawaii, the circumstances that lead to a prostitution charge are usually not black and white. Many actions can be charged as prostitution. According to state law, the following actions can be charged with prostitution:

  • Accepts a fee in return for engaging in sexual conduct
  • Offers or agrees to accept a fee in return for engaging in sexual conduct
  • Pays a fee to someone in return for sexual conduct
  • Offers or agrees to pay a fee to someone in return for sexual conduct

As you can see, this covers both sides of the prostitution transaction. It also applies to verbal agreements to exchange sex for money even if the act never happened.

It’s also important to note that “sexual activity” can mean many things under state law.

Here are a few examples:

  • Sexual penetration
  • Deviate sexual intercourse
  • Sexual contact
  • Sadomasochistic abuse

Because there is such a wide range of actions charged with prostitution, many people are charged with this crime in Hawaii each year.


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Why Work with a Prostitution Defense Lawyer?

The criminal penalties for a prostitution conviction can have major, lifelong impacts on you. A prostitution defense lawyer can strategize the best ways to defend against your charge.

Attorney Michael Fayard is a former prosecutor who now works to vigorously defend his clients. He uses this background to evaluate the evidence against you and pursue the best possible outcome. Since he knows how the cases are built, he can point out many of their weaknesses and which options may favorably resolve the situation.

Possible Defenses Against Prostitution Charges

The defense your lawyer uses for you will be unique to your case. Whether you are accused of taking money for sex or paying for sex, there is almost always a viable legal defense.

While your defense will be unique, some types of defenses are more common than others:

  • Entrapment: Prostitution stings often involve entrapment. This is when a police officer poses as a prostitute or pimp and encourages you to commit a crime. There are guidelines for sting operations that, when ignored, may be a viable defense.
  • Mistake of fact: Maybe there was a misunderstanding. Perhaps you never meant to pay for sex or take money for it. If the officer was mistaken, your lawyer could help you prove it.
  • Evidence problems: Problems with evidence or testimony against you can lead to your charges being dismissed. If the evidence doesn’t prove that you committed a crime or the police mishandled it, you may be able to use this defense.
  • Rights violations: If the police violated your civil rights, you might be able to get your charges dropped. Rights violations can happen during your arrest, time in jail, or questioning.
  • Wrong person: Sometimes, the police simply get the wrong person. Your attorney may be able to have your charges dismissed by using mistaken identity as a defense.

Factors that Work in Your Favor

If this is your first offense, you may be able to avoid jail or fines through probation. A prostitution defense lawyer can also arrange for a deferred sentence. Another option is to plead guilty to a lesser charge with a lighter sentence.

A prostitution charge does not have to ruin your life. Attorney Fayard can help you with a strategic defense to protect and preserve your rights and freedom.

He is relentless to ensure his clients are well taken care of.”

- Cliff T

Criminal Penalties for Prostitution

Prostitution is a petty misdemeanor. That means you could face 30 days in jail and fines between $500 and $1,000 if you are convicted. You may also be eligible for probation. Being charged with street solicitation of prostitution is also a petty misdemeanor. It’s punishable by a month in jail.

Any criminal conviction is an unfortunate blemish on your record. However, a misdemeanor conviction is not as serious as a felony.

Felony Penalties

There are a few cases in which a prostitution charge can become a felony:

  • The person being paid for sex is a minor: If you are caught paying for sexual contact of any kind with a minor, a prostitution charge could be the least of your concerns. Most sex crimes involving children are felonies.
  • The person is clearly a victim of human trafficking: If you are charged for paying for sex with someone who is clearly a human trafficking victim, you may face a Class C felony. This is punishable by five years in prison and up to $10,000 in fines.

Depending on the details of your prostitution-related crime charge, you may also have to register as a sex offender if you are convicted. Again, this is a lifelong stigma. A criminal defense lawyer may be able to have your felony charges reduced to help you avoid extended prison time or being labeled a sex offender.

Call Michael Fayard Today

Michael Fayard, Criminal Defense Attorney, is a top-rated lawyer with a strong track record of success. He is ready to contest a prostitution charge so you can move on with your life.

Call (808) 445-6708 or contact us online to schedule a free consultation.