OREGON COMMERCIAL SEXUAL SOLICITATION CRIMES GUIDE

I just got arrested / cited for an Oregon commercial sexual solicitation (prostitution) charge.  What happens now?

If you were arrested for a commercial sexual solicitation / prostitution charge, you were probably given a citation or release agreement directing you to appear in court at a future date.  Each of these offenses is a misdemeanor crime.  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, Clackamas County, and, sometimes, Washington County, if you hire a private attorney prior to your first appearance on a misdemeanor charge, your lawyer may be able to appear on your behalf.  Sometimes, in Multnomah County, I can make all of your court appearances without your personal appearance.

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.

How is the crime of commercial sexual solicitation committed?

A person commits the crime of commercial sexual solicitation (formerly known as patronizing) if a person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact. 

How much jail time will I have to do if I am convicted?

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 crimes of prostitution and unlawful prostitution procurement activities.  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, 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 does this mean?

If you were arrested for a misdemeanor prostitution related offense in Multnomah County, you may be cited to appear in the Justice Center downtown.  Multnomah County and Clackamas County offer eligible defendants (most first offenders) the opportunity to obtain a dismissal of a commercial sexual solicitation charge if they remain crime free for six months and attend an expensive one day Johns' Class. If you live out of state, attorney David Lesh may be able to attend all of your court appearances without your personal appearance.

How can I avoid a conviction for commercial sexual solicitation?

Aside from the Multnomah County and Clackamas County first offender programs, the only way to avoid a commercial sexual solicitation conviction is usually to take your case to trial and win. 

The best way to avoid a conviction of course is to not get arrested for the charge.  Numerous local law enforcement agencies (Portland Police / Tigard P.D. / Clackamas County Sheriff's Office) are conducting periodic undercover sting operations on websites such as eros or apps like meetup or whisper.  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 email / text message exchange.  When the John arrives at the meeting place (usually a hotel / motel room / house), 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 commercial sexual solicitation conviction?

Prostitution, commercial sexual solicitation, and patronizing arrests and convictions are eligible to be expunged or sealed if the applicant meets the eligibility requirements.  A conviction for compelling prostitution cannot be expunged. 

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

Mr. Lesh 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.