A Misdemeanor Charge That Can Carry Lifelong Consequences
Being arrested for prostitution in Georgia is a serious matter. While many people mistakenly believe it’s “just a misdemeanor,” the reality is that a prostitution charge can lead to public embarrassment, lasting damage to your reputation, and even jail time—especially if it’s not your first offense.
At J. Ryan Brown Law, we understand that many prostitution cases involve far more nuance than the charge suggests. Whether this is your first run-in with law enforcement or you’re facing repeat allegations, you deserve to understand your rights, your legal options, and the consequences ahead.
What is Prostitution Under Georgia Law?
Georgia Code § 16-6-9 defines prostitution as follows:
“A person, 18 years of age or older, commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including, but not limited to, sexual intercourse or sodomy, for money or other items of value.”
This means you can be charged with prostitution even if no physical act occurred. The mere act of offering or agreeing to perform a sexual act for compensation—whether in person or online—can lead to arrest and prosecution.
What Is the Penalty for Prostitution in Georgia?
Prostitution is classified as a high and aggravated misdemeanor in Georgia. Under § 16-6-13(a)(2), the standard penalties for a first offense include:
- Up to 12 months in jail
- A fine of up to $1,000
- Court fees and mandatory assessments
- A permanent criminal record
- Potential probation or community service
- Minimum 72 Hours in the County Jail
It’s important to note that any prostitution conviction will show up on a background check, which can affect your ability to get a job, housing, or professional license.
Are There Circumstances Where the Charge Can Be Enhanced?
Yes. While most prostitution charges begin as misdemeanors, several factors can escalate the consequences or lead to harsher penalties.
Proximity to Schools or Youth Facilities
If the offense occurred within 1,000 feet of a:
- School building or school grounds
- Playground
- Youth recreation center
- Public place of worship
You can face an additional $2,500 fine, even if this is your first offense, according to § 16-6-13(d).
Will I Have to Register as a Sex Offender?
No. A prostitution conviction under § 16-6-9 does not require registration as a sex offender in Georgia.
However, repeat convictions or related offenses—such as pimping, pandering with minors, or certain felony-level sex crimes—may lead to registration or harsher court oversight, depending on the circumstances.
What Should I Do If I Am Arrested for Prostitution?
Being charged with prostitution in Georgia is often confusing and humiliating. You may be unsure whether to fight the charge, plead guilty, or seek a resolution behind closed doors.
Before you make any decision, take these steps:
1. Remain Silent
You are not required to explain yourself, give your side of the story, or answer any questions beyond providing identification. Anything you say can—and will—be used in court.
2. Do Not Discuss the Case with Anyone Except a Lawyer
Even if you’re just texting a friend or posting about what happened online, prosecutors can use those messages as evidence.
3. Hire an Attorney Immediately
A criminal defense lawyer can help you explore all options—including:
- Dismissal or reduction of charges
- Pretrial diversion programs
- First offender treatment
- Record restriction or expungement (in some cases)
Can Prostitution Charges Be Dismissed or Expunged?
In many first-offense cases, Georgia courts may allow alternatives to traditional prosecution.
Possible resolutions include:
- Pretrial diversion: A program that, if successfully completed, can lead to the charge being dropped
- Conditional discharge: A guilty plea is entered but not recorded, pending successful probation
- Nolo contendere plea: A “no contest” plea that avoids formal admission of guilt
- Record restriction: In limited cases, especially if charges are dismissed or dropped, you may be able to seal your record
However, each county handles these options differently. Having an attorney familiar with local judges and prosecutors is essential.
Why You Need a Criminal Defense Attorney
Prostitution charges carry a significant social stigma. Even a misdemeanor conviction can follow you for life, affecting:
- Employment opportunities
- Child custody cases
- Immigration status (for non-citizens)
- College enrollment or financial aid eligibility
At J. Ryan Brown Law, we approach each case with discretion, diligence, and strategy. We know that many people are arrested in undercover stings or swept up in situations they didn’t expect. We work to:
- Review the legality of the arrest
- Challenge questionable search or surveillance tactics
- Push for reduced charges or dismissals
- Protect your name and your future
You Deserve a Strong Defense—Not Judgment
Whether this charge stems from a misunderstanding, a sting operation, or a personal mistake, we believe in protecting your rights without judgment. The law may view prostitution as a misdemeanor—but the consequences reach far beyond court.
Call J. Ryan Brown Law today for a confidential, judgment-free consultation.
We’re here to guide you through the process, explain your options, and fight for the best possible outcome.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
