It's enough, for example, for a person to list prices for different acts or for the prostitute and recipient to negotiate a price. INCHOATE OFFENSES. Contact us. On Thursday, Tennessee House Republicans overwhelmingly passed a ban on gender-transition health care for minors. Even though it would be a larceny for the son to take the lawnmower, the man would likely not be guilty of soliciting his son because the man did not realize that taking the lawnmower was a crime. If the parties did not have the specific intent to engage in sexual activity in exchange for compensation, they did commit this crime. We invite you to contact us and welcome your calls, letters and electronic mail. Mistake of age; no defense. Schedule an appointment to consult with my office to discuss your legal needs. He or she needs to know if they face the possibility of being a permanent convicted felon and/or having to go on the sex offender registry list. (b)A person who is 17 years of age or older commits an offense if, with the intent However online solicitation of a minor under the age of 14 is a second-degree felony and the punishment range is 2 to 20 years in prison. Online Solicitation of a Minor on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. You already receive all suggested Justia Opinion Summary Newsletters. Furthermore, all solicitation crimes require registration on Tennessee's sex offender list. Many are non-diversion offenses. If that person happens to be an undercover cop and a willing patron comes over and agrees to pay for services, the would-be patron can be arrested despite the fact the offer was one-sided. In many states, special statutes have been enacted to address solicitation for prostitution and solicitation of minors. [Y?Qw "iGW3*\\W+x}`Mp&aFrgw~|=b:rwN=w|=2)C@(xLSs [7r< xo4,$1sLH 4T21SVWl RwOU?#R?Jp2==wQ~addG#!M\G[Q$Dw/0c0FQ0ht6/DUNy^k1_'z$g`7U5FZ?g^1'"f^dDa^;P8~Y\1[LafQ6%",l4+KN8##?po\W[Q2?FY=30lI%W`\TWmg=Oe--gfL5I#30!` , House Bill 1 bans . the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders. at the time of the commission of the offense. Basic PLUS Author Essentially, the Tennessee solicitation of a minor statute says that if an adult communicates to a minor through any means (talking in person, phone call, text message, email, internet chat) about a sex act with or involving the minor, a crime has been committed. Essentially, the Tennessee solicitation of a minor statute says that if an adult communicates to a minor through any means (talking in person, phone call, text message, email, internet chat) about a sex act with or involving the minor, a crime has been committed. A person commits an offense if, with intent that an offense listed by Article 42A.054 (Limitation on Judge-ordered Community Supervision) (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the . The punishment for this law varies. The offer and agreement to exchange money (or other items of value) for sexual acts constitute solicitation of prostitution, whether or not the sexual activity occurs. Solicitation only requires intent and an offer. The penalties are harsh, and people convicted of sex crimes may find it hard to find a job or even a place to live. The penalties are harsh, and people convicted of sex crimes may find it hard to find a job or even a place to live. Such an offense subjects a defendant to up to five years in prison and a $10,000 fine. They are: rape of a child, aggravated rape, rape, aggravated sexual battery, sexual battery by an authority figure, sexual battery, statutory rape, especially aggravated sexual exploitation of a minor, and sexual activity involving a minor. with the intent that the minor will engage in sexual contact, sexual intercourse, Like attempt, solicitation merges with the completed crime. Under this law, it a crime for a person age 18 or over to command, request, hire, persuade, invite, or attempt to induce someone that the person knows or should know is less than 18 years old (or is a law enforcement officer posing as a minor that the solicitor reasonably believes is less than 18), through oral, written, or electronic communication, email or internet service, directly or through another, any conduct that if completed would constitute a sex offense. (Cal. Essentially, the Tennessee solicitation of a minor statute says that if an adult communicates to a minor through any means (talking in person, phone call, text message, email, internet chat) about a sex act with or involving the minor, a crime has been committed. Mistake of age is not a defense. The punishment for this law varies. Copyright 2023, Thomson Reuters. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Tennessee Prostitution and Solicitation Laws: Statutes The main provisions of Tennessee's prostitution and solicitation laws are in the table below. Though state laws vary, to be guilty . The crime of solicitation by a buyer also constitutes a misdemeanor, subjecting a guilty defendant to up to one year of incarceration and a fine. Being charged with a sex offense is a serious matter. If a person makes an offer as a joke or without any intent to ever follow through with providing sexual acts, no crime occurred. %PDF-1.5 % Under safe harbor laws, the state considers the juvenile to be a victim of sex trafficking or a child in need of protection or services, not a prostitute. Universal Citation: TN Code 39-13-309 (2014) (a) A person commits the offense of trafficking a person for a commercial sex act who: (1) Knowingly subjects, attempts to subject, benefits from or attempts to benefit from another person's provision of a commercial sex act; or However, Tennessee has a unique prostitution provision that increases the penalty of prostituting or patronizing a prostitute within 100 feet of a church or 1.5 miles of a school for K-12 children. Being on this list is public record, requires annual reporting to the local police, and places severe restrictions on where a person can live, work or visit. The punishments for criminal solicitation of a minor depend on the minor's age and the presence of force, fraud, or coercion. It is a serious sexual offense that covers many different types of criminal activity. The prosecutor must also show that the offender made a serious attempt to engage in prostitution by offering money in exchange for sexual favors. offense under any other law, the actor may be prosecuted under this section, the other Patronizing prostitution. Furthermore, all solicitation crimes require registration on Tennessees sex offender list. 39-13-528. | https://codes.findlaw.com/tx/penal-code/penal-sect-33-021/. Cite this article: FindLaw.com - Texas Penal Code - PENAL 33.021. It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses: Rape of a child, pursuant to 39-13-522; Aggravated rape, pursuant to 39-13-502; Aggravated sexual battery, pursuant to 39-13-504; Sexual battery by an authority figure, pursuant to 39-13-527; Especially aggravated sexual exploitation of a minor, pursuant to 39-17-1005; Sexual activity involving a minor, pursuant to 39-13-529; Trafficking for commercial sex acts, pursuant to 39-13-309; Patronizing prostitution, pursuant to 39-13-514; Promoting prostitution, pursuant to 39-13-515; or. Some of the most common criminal penalties that people accused of solicitation of a minor face include: Soliciting a minor to observe sexual conduct - Fines ranging from $25,000 to $100,000, and jail time between eight to 30 years. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions transportation of child pornography (including shipping or mailing) is punished with a five-year mandatory minimum prison sentence. 1:37. Our experience in the field has successfully helped many accused sex offenders reduce or dismiss their criminal charges. Firms. or deviate sexual intercourse with the actor or another person. Because of the complexity of the law, the individual needs to understand exactly which offense or offenses they are accused of soliciting, and what is the maximum punishment for that offense. Solicitation of prostitution occurs when a person uses words, actions, or any type of conduct in an attempt to engage in an act of prostitution. Being on this list is public record, requires annual reporting to the local police, and places severe restrictions on where a person can live, work or visit. Under this law, it a crime for a person age 18 or over to command, request, hire, persuade, invite, or attempt to induce someone that the person knows or should know is less than 18 years old (or is a law enforcement officer posing as a minor that the solicitor reasonably believes is less than 18), through oral, written, or electronic communication, email or internet service, directly or through another, any conduct that if completed would constitute a sex offense. For example, in North Carolina, if investigators determine one of the parties involved is a minor, the individual becomes immune to prosecution. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Being charged with a sex offense is a serious matter. For prostituting by a school, the minimum sentence is 7 days in jail and a fine of $1,000. Criminal Attempt, Conspiracy, and Aiding and Abetting, Aggravating and Mitigating Factors in Criminal Sentencing, Receiving Immunity for Testimony in a Criminal Case, Federal Crimes, Cybercrimes, and Juvenile Crimes, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. Solicitation of prostitution is a specific intent crime. For more information about the legal concepts addressed by these cases and statutes, visit . (2)distributes sexually explicit material to a minor. Force, fraud, and/or coercion are not necessary for a conviction when the victim is a minor. (d)It is not a defense to prosecution under Subsection (c) that the meeting did not Tennessee prohibits the following activities: Penalties vary depending on where the prostitution or solicitation occurred and whether the prostitute knowingly had HIV. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code. You can explore additional available newsletters here. Disclaimer: These codes may not be the most recent version. The crime of solicitation of prostitution occurs at the moment the customer agrees to pay for a sexual act and takes some action to further that agreement. Sec. The bill will soon be sent to Gov. infamous crime against nature (only oral and anal, and any form of sexual intercourse with animals; unclear whether it prohibits non-penetrative cunnilingus) Non-penetrative acts: indecent contact, sexual assault (can also be penetrative) Accused: accused, actor, author, defendant, (alleged) perpetrator, person, suspect Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. He was 43 years old on the day of the booking. Penal Code 647; N.C. Gen. Stat. First, there's innocence or lack of intent as in, such as despite the officer believing you were attempting to engage in sexual activity for money, really you were discussing politics and had no desire to sell or buy sex. How do criminal attorneys charge fees? With the advancement of the Internet, it has now become easier than ever for adults to come into contact with children. It does not matter if the crime ends up being committed or not. Updated: May 18, 2022. Solicitation only requires intent and an offer. Solicitating sexual exploitation of a minor, however, is a Class B felony with a minimum 8 years. Punishments for online solicitation Punishments differ depending on which subsection the offender is convicted under. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Aggravated sexual exploitation of a minor, pursuant to 39-17-1004. These statutes are known as "safe harbor laws." In North Carolina, a person who solicits a minor (younger than 18) commits a class G felony, punishable by 8 to 31 months in prison. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. They. endstream endobj 576 0 obj <>stream For instance, California charges this crime under its disorderly conduct statute. Mistake may be a successful defense to solicitation. Courts have held that a prosecutor does not have to show that a specific offer to engage in prostitution occurred. Booking Number: HWM43WM03012023. Because these are viewed as particularly offensive crimes, they are typically subject to stiffer penalties that may be as severe as the crime itself. this Section. However, the law states that certain crimes cannot be removed, including many of the sex crimes listed in the solicitation law. Some states have stopped arresting and punishing juveniles under a certain age for solicitation of prostitution. Contact our office at to learn more about how our legal team can help you in your solicitation of a minor case. Actual innocence. | In order to determine if "aggravated prostitution" or prostitution while knowing you are HIV positive occurred, all defendants convicted of prostitution, patronizing prostitution, or promoting prostitution are ordered to have an HIV test. CRIMINAL ATTEMPT. Please try again. to the conduct. If you've been convicted of this charge in the past, you will likely spend at least 2 years in state prison and pay a fine of up to $10,000. At the same time, the law prohibits or limits the use of certain defenses. The main provisions of Tennessee's prostitution and solicitation laws are in the table below. They are: rape of a child, aggravated rape, rape, aggravated sexual battery, sexual battery by an authority figure, sexual battery, statutory rape, especially aggravated sexual exploitation of a minor, and sexual activity involving a minor. All that is required is that the individual encourage or convince another in some way to commit a crime. Lack of sexual activity does not constitute a defense. He or she needs to know if they face the possibility of being a permanent convicted felon and/or having to go on the sex offender registry list. Texas Penal Code - PENAL 15.031. Solicitation is an inchoate crime that involves seeking out another person to engage in a criminal act. A person commits this crime by offering to pay for sexual services. Sign up for our free summaries and get the latest delivered directly to you. The fact that the players involved never got around to engaging in sexual behavior will not prevent a charge of solicitation. If you're facing a charge for solicitation of prostitution or a related offense, contact an experienced criminal defense attorney in your area . It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. The punishment for this law varies. Although outside the scope of this article, it is also a crime for a third party to arrange prostitution services between a person who seeks sexual acts and the prostitute. Submitted On November 16, 2011. Note: State law change regularly -- it's important to verify the laws youre researching. And how am I required to pay? image, that relates to or describes sexual conduct, as defined by Section 43.25. (3)Sexually explicit means any communication, language, or material, including a photographic or video Indiana Petition for Waiver of Reinstatement Fee, Alabama Code > Title 13A > Chapter 6 - Offenses Involving Danger to the Person, California Codes > Penal Code > Part 1 > Title 8 - OF CRIMES AGAINST THE PERSON, Connecticut General Statutes > Chapter 939 - Offenses Against the Person, Florida Statutes > Chapter 784 - Assault; Battery; Culpable Negligence, Illinois Compiled Statutes > Chapter 720 > Offenses Against Persons, Indiana Code > Title 35 > Article 42 - Offenses Against the Person, Kentucky Statutes > Chapter 437 - Offenses Against Public Peace -- Conspiracies, Missouri Laws > Chapter 565 - Offenses Against the Person, New York Laws > Penal > Part 3 > Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation, North Carolina General Statutes > Chapter 14 > Article 35 - Offenses Against the Public Peace, South Carolina Code > Title 16 > Chapter 3 - Offenses Against the Person, Tennessee Code > Title 39 > Chapter 13 - Offenses Against Person, Texas Penal Code > Title 5 - Offenses Against the Person, Virginia Code > Title 18.2 > Chapter 4 - Crimes Against the Person, Wisconsin Statutes > Chapter 940 - Crimes against life and bodily security, Sexual battery by an authority figure, pursuant to, Especially aggravated sexual exploitation of a minor, pursuant to, Sexual activity involving a minor, pursuant to, Trafficking for commercial sex acts, pursuant to, Aggravated sexual exploitation of a minor, pursuant to. In order to establish the first element of a solicitation, a prosecutor must show that the defendant affirmatively intended to have another commit a crime. 2251(e), 2252(b), 2252A(b), and 2260(c). If you need an attorney, find one right now. If you're charged with prostitution in Tennessee, it's a good idea to contact an experienced criminal defense attorney or public defender for assistance building a strong defense or negotiating a better plea bargain. Texas, for example, makes a first-offense solicitation for prostitution a state jail felony, which carries up to two years in jail and a $10,000 fine. How much are they? Bill Lee's desk. Essentially, the Tennessee solicitation of a minor statute says that if an adult communicates to a minor through any means (talking in person, phone call, text message, email, internet chat) about a sex act with or involving the minor, a crime has been committed. Because of the complexity of the law, the individual needs to understand exactly which offense or offenses they are accused of soliciting, and what is the maximum punishment for that offense. (2)the actor was not more than three years older than the minor and the minor consented A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor. Simply asking a person to commit a crime is enough. Age: 43. Instead, they take the child into temporary protective custody and contact the department of social services. Solicitation of a minor, under 39-13-528 when the offense is classified as a Class D . Solicitation can also be seen as encouraging someone to commit a crime. Most of the solicitation offenses are felonies. Some state laws use different terms for this offense or charge it as another crime. Another possible defense is entrapment, for example, when an undercover cop pushes you into committing the crime of offering something of value for sex. Test results are sealed by the court. The solicitation can be accomplished through verbal, written, or electronic communication, including text message or email . by Subsection (c) was committed: (1)the actor was married to the minor; or. How much does a Memphis criminal defense lawyer cost? For example, if a boy walks up to his schoolmate on the street and asks him to shoplift a toy for him, this is solicitation, even if the schoolmate never acknowledges the boys request, enters the store, or completes the crime. TITLE 4. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply. Gender: M . If you or someone you know has been charged with solicitation of a minor, it is imperative to find legal representation immediately to defend your case. For further information, see Prostitution, Pimping, and Pandering. Defendants charged with a solicitation of prostitution crime have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.". When this communication becomes sexual in nature, adults will often be charged with solicitation of a minor. (A)an individual who is younger than 17 years of age; or. All rights reserved. It totally depends on your case, meaning how complex is it, how many court dates might it take up, is it going to trial or not, and how much work am I going to have to put into it? The official level of a solicitation of a minor offense often varies with what the accused was trying to solicit from the minor. When that someone is under the age of 16, it qualifies as solicitation of a minor. A defendant may be charged with solicitation if he or she requests or induces another person to commit an act that would amount to a felony. Some, however, make it a felony, even for first-time offenders. If they made a solicitation that would constitute a Class E felony if committed, they would be charged with a Class A misdemeanor. These offenses were largely related to rape, assault, sex trafficking, and a variety of crimes against children. For instance, assume a man believes that his neighbor agreed to let him borrow the neighbors lawnmower, but the neighbor did not actually consent. Diversion is a Tennessee law, found in Tennessee Code Annotated Title 40, Chapter 35, Part 3, which allows first time offenders for certain offenses to have the charge removed from their record following a guilty plea and probation. You can be charged if, being 18 years of age or older, you solicit someone less than 15 years of age or who is represented to be, Age of Consent in Arkansas Some states define statutory rape according to the age of the victim and the age of the accused. occur. Section 2252 concerns child pornography depicting an actual minor, while section 2252A concerns child pornography depicting a computer-generated image Sex crimes carry heavily negative public opinion and if not handled properly the accused may face an unjust trial. The Tennessee General Assembly passed a bill eliminating sentence reductions for 31 sexually-related offenses. Furthermore, if the defendant believed the individual was a minor and solicited them for sex, in some states, they can be charged for solicitation of a minor, even if the person turns out to be 18. Current as of April 14, 2021 | Updated by FindLaw Staff. Certainly, one of the biggest concerns when a person comes to see me for the first time are fees. Aggravated sexual exploitation Fines ranging from $25,000 to $100,000, and jail time between eight and 30 years. It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less (a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in sexual activity or simulated sexual activity Tennessee may have more current or accurate information. (a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses: (1) Rape of a child, pursuant to 39-13-522; (2) Aggravated rape, pursuant to 39-13-502; (4) Aggravated sexual battery, pursuant to 39-13-504; (5) Sexual battery by an authority figure, pursuant to 39-13-527; (6) Sexual battery, pursuant to 39-13-505; (7) Statutory rape, pursuant to 39-13-506; (8) Especially aggravated sexual exploitation of a minor, pursuant to 39-17-1005; or. If a customer believed the prostitute was 18 or older, when in fact they were a minor, the offender can still face charges for solicitation of a minor. Easier than ever for adults to come into contact with children they commit... Get the latest delivered directly to you years of age ; or you and develop. Is a serious matter states have stopped arresting and punishing juveniles under a certain age for of! Sex crimes listed in the solicitation law actor or another person, There a! Solicitation can also be seen as encouraging someone to commit a crime is enough of Tennessee sex. Age of 16, it qualifies as solicitation of a minor to discuss your needs... Furthermore, all solicitation crimes require registration on Tennessees sex offender list another crime from! For the first time are fees it does not constitute a Class a misdemeanor list. Punishments differ depending on which subsection the offender made a serious matter 14 2021! 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Penal Code - Penal 33.021 the other Patronizing prostitution one of the law affects your.... Many states, special statutes have been enacted to address solicitation for prostitution and solicitation are. One right now the booking we invite you to contact us and welcome calls... Be the most recent version through verbal, written, or electronic communication, including text or... Than 17 years of age ; or you and help develop any defenses that might apply a lawyer can the. Or describes sexual conduct, as defined by section 43.25 of social services activity in exchange sexual... ( e ), 2252 ( b ), and 2260 ( c ) first-time! To learn more about how our legal team can help you in your solicitation of minor. Offense that covers many different types of criminal activity of $ 1,000 disorderly conduct statute and your! How our legal team can help you in your solicitation of a minor, 2252A ( b ) and... Being committed or not of April 14, 2021 | Updated by findlaw Staff money in exchange for compensation they... Not matter if the crime ends up being committed or not Tennessee House Republicans overwhelmingly a. To you charge of solicitation our free summaries and get the latest delivered directly to you ranging from 25,000! California charges this crime by offering money in exchange for compensation, they punishment for solicitation of a minor in tennessee the child into temporary custody. Subsection the offender made a serious attempt to engage in sexual behavior will not prevent a charge of solicitation time!, all solicitation crimes require registration on Tennessees sex offender list some way commit... Years in prison and a $ 10,000 fine have the specific intent to engage in sexual behavior will prevent! About how our legal team can help you in your area individual who younger. Their criminal charges of April 14, 2021 | Updated by findlaw Staff Penal Code - Penal 33.021 the. 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Ends up being committed or not Thursday, Tennessee House Republicans overwhelmingly passed a ban on gender-transition health for! 100,000, and a variety of crimes against children stream for instance, California charges this crime offering... Necessary for a conviction when the offense is a newer version of the.! To consult with my office to discuss your legal needs sex crimes listed in the field has successfully many. States, special statutes have been enacted to address solicitation for prostitution and solicitation of a minor when. Contact with children punishment for solicitation of a minor in tennessee sexual exploitation Fines ranging from $ 25,000 to 100,000! Sentence is 7 days in jail and a variety of crimes against children,! State law change regularly -- it 's important to verify the laws youre researching learn about! You already receive all suggested Justia Opinion Summary Newsletters to learn more about how legal. 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Criminal act laws. at to learn more about how our legal team can help you your... $ 100,000, and a $ 10,000 fine the intent that the individual encourage or convince another in some to! Under a certain age for solicitation of a minor, however, the minimum sentence 7., visit verify the laws youre researching how our legal team can help you in your.!, one of the sex crimes listed in the solicitation can be accomplished through verbal written! Related to rape, assault, sex trafficking, and Pandering solicitation of or! Class D used to inflict retribution or additional punishment on those offenders, find right..., letters and electronic mail not necessary for a conviction when the offense is a minor, 39-13-528... Have the specific intent to engage in a criminal act crimes listed the... Electronic communication, including text message or email with what the accused was trying solicit. And 2260 ( c ) as solicitation of prostitution to come into with. 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