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Many states still prosecute prostitution offenses, despite a growing public opinion that sex work should be decriminalized.

In North Dakota, prostitution is generally a misdemeanor punishable by jail time and hefty fines.

Not only can the alleged individual offering sexual services face criminal charges, but so can other parties allegedly involved with soliciting sex, engaging in sexual activity for money, or facilitating prostitution.

If you have been charged with an offense relating to prostitution, you need to seek the advice of an experienced attorney.

The professionals at the Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka are ready to help.

The penal consequences and negative stigma associated with a prostitution conviction can negatively impact your life for years. So don’t risk your future; call us today.

North Dakota Prostitution Laws

There are generally three prostitution-related prohibitions under North Dakota law:

  • Prostitution,
  • Promoting prostitution, and
  • Facilitating prostitution.

The North Dakota legislature enacted specific statutes targeting different alleged offenders.

For instance, promoting or facilitating prostitution targets third parties who benefit from, encourage, enable, or earn money from prostitution.

On the other hand, while the sex worker and “john” (i.e., the prostitute’s client) typically cannot be convicted of promoting, they might be convicted of other crimes. 

Prostitution

Under North Dakota prostitution laws, an adult is guilty of prostitution, a class B misdemeanor, if they:

  • Are an inmate of a house of prostitution or otherwise engaged in sexual activity as a business,
  • Solicits another person to be hired to engage in sexual activity, or
  • Agrees to engage in sexual activity with another for money or items of value.

Both the prostitute and the “john” may be charged with prostitution. 

Under North Dakota law, an individual who hires, offers, or agrees to hire an individual to engage in sexual activity is guilty of a class B misdemeanor punishable by up to 30 days in jail for a first offense.

Promoting Prostitution

An individual may be convicted of promoting prostitution if they:

  • Operate a prostitution business,
  • Induce or intentionally cause another to become engaged in sexual activity as a business, or 
  • Knowingly acquire a prostitute to become a part of a prostitution business.

Promoting prostitution is generally a class C felony punishable by up to five years in prison.

Facilitating Prostitution

Under North Dakota law, an individual could be guilty of the crime of facilitating prostitution if they: 

  • Knowingly solicit a person to patronize a prostitute,
  • Knowingly procure a prostitute for a patron,
  • Knowingly lease or otherwise permit their property to be regularly used for prostitution,
  • Knowingly induce or intentionally cause another to remain a prostitute, including anyone financially supported by the proceeds of prostitution.

Facilitating prostitution is a class A felony. It is punishable by up to 20 years in prison if the defendant intentionally causes another to remain a sex worker. The defendant can accomplish this by:

  • Force, 
  • Coercion, 
  • Threat, or
  • Deception. 

Furthermore, if the sex worker is the spouse or ward of the defendant—or a person who the defendant is supposed to care for, protect, or support—this also qualifies as a class A felony.

Otherwise, a conviction is a class C felony.

North Dakota Criminal Defense Attorneys

Is prostitution legal in North Dakota? The answer is a resounding no. So if you are facing potential charges, contact our defense team.

A prostitution conviction can result in jail time, fines, and a tarnished reputation.

No matter the circumstances, a sharp defense attorney can help you achieve a favorable outcome in your case.

Our attorneys have been committed to defending the rights of citizens in North Dakota since 2007.

Give us a call today to schedule a free, confidential consultation!

Author Photo

Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice on defending injured workers in Minnesota.

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