Georgia’s Current Prostitution Statutes
Georgia state law criminalizes prostitution (Code Ga. § 16-6-9 (2010)). The law prohibits individuals from engaging in sexual acts in exchange for something of value or the promise thereof. Prostitution is a misdemeanor offense under state law and, upon a third conviction, the act becomes classified as a felony offense punishable by three to five years of imprisonment or an equivalent fine (Code Ga. § 15-10-61 (2010)). In Georgia, persons charged with prostitution may be required to attend a rehabilitation program for a maximum of six months and are subject to immediate termination of government benefits if they fail to do so.
As two enforcement-based cases reveal, violations of the state’s criminal statutes against prostitution often result in problems for individuals involved in the acts of prostitution, typical of any criminal conviction or failure to comply with the law (Murray v. State, 215 Ga. App. 304 (1994); Hurst v. State, 236 Ga. App. 842 (1999)). In Murray v. State, the defendant was alighting from a taxicab when police approached him, arrested him for prostitution and seized his money. The defendant was found guilty after trial, and his money was forfeited pursuant to Georgia law (evincing the state’s strong enforcement of prostitution, as discussed below). The defendant appealed, arguing that the forfeiture was unconstitutional as being disproportionate and excessive. The court of appeals, however, affirmed the lower court, holding that there is a sufficient connection between the illegal act and the forfeiture of the funds as well as the governmental interest in the confiscation of funds used in committing illegal acts. The court acknowledged the federal constitution’s protection of private property but held that the state’s interest in regulating prostitution justified the seizure and transfer of the funds. In Hurst v. State, the defendant was convicted of prostitution after paying for sex and then reporting to police that she had been robbed at gunpoint. Upon arrest , the defendant produced a credit card and cash, but refused to turn it over to the police. Georgia law allows officers to seize property possessed during or as a result of the commission of an illegal act (Code Ga. § 16-10-74 (2010)). Based on this provision, the trial court ordered the take over of possession pending trial, finding probable cause that the defendant had obtained the funds in pursuit of an illegal objective. The defendant appealed, arguing that the state failed to meet the probable cause burden. The defendant also argued that even it did provide sufficient evidence of probable cause, the defendant’s right to an evidentiary hearing was violated. The court, however, rejected both arguments. Under these rulings, it is clear that the state has a strong interest in the enforcement of its prostitution laws, and will pursue all possible means to do so, consistent with constitutional mandates. In a recent decision discussed below, the Georgia Supreme Court again confirmed the application of the law in prostitution-related criminal activities (State v. Smith, No. S09A2074 (Ga. 2010)). In State v. Smith, police arrested seven women for running a house of prostitution. Each of the women was arrested, prosecuted and found guilty of violating the state’s prostitution statute. The women filed a motion to suppress the evidence, however, and the trial court granted their motion. On appeal, the Georgia Supreme Court affirmed the decision of the trial court. According to the court, the only means by which the police could have secretly observed the acts taking place was by virtue of unlawful electronic surveillance. Because there was no other basis by which the police could have observed the crime, the evidence was held inadmissible. The Smith holding is a little indicative – if the police cannot observe a crime, then neither can the public at large.
Penalties for Crimes Related to Prostitution
Section 2: Penalties for Prostitution-related Offenses
If you are charged with a prostitution offense in Georgia, there are serious potential penalties you need to know about. Depending on your particular charge, you face the following possible penalties:
Prostitution charges also come with the risk of an additional penalty: the registered sex offender requirement. If you receive a conviction or plea of guilty to a sex crime – which can occur if you plead guilty to or are convicted of any of the prostitution-related offenses listed above – you are required to register as a sex offender.
Unfortunately, if you are convicted of prostitution-related charges, the sex offender registration requirement does not always come as part of the "bundled package" of penalties that are linked to each sexual offense. Even if you plead to or are convicted of an offense like keeping a place of prostitution, the prosecuting attorney may require that you agree to or be prepared to register as a sex offender at some point in the future. They may occasionally agree to "let you off the hook" for sex offender registration, but this is not a given. This is typically negotiated as part of your plea agreement and is not something you can ever count on.
Previous Legislative Changes and Initiatives
Over the years, various attempts have been made to reform the legal landscape surrounding prostitution in Georgia. In the early 2000s, there was a push to decriminalize prostitution. A bill was introduced in the General Assembly that would have repealed the current prohibition against prostitution, but it did not make it past the committee stage and was never put to a vote. In recent years, the conversation surrounding the legalization and regulation of prostitution in Georgia has gained momentum, coinciding with the national "Decriminalize Sex Work" movement. Proponents of reform have argued that criminalizing sex work perpetuates a system of inequality and puts workers at risk of violence and exploitation. They have called for a regulatory framework that would allow sex work to be conducted legally and safely, in an effort to protect workers and consumers alike. In response, opponents of reform have cited concerns about the potential for increased trafficking, exploitation, and health risks if prostitution were legalized. They argue that the current system, while imperfect, provides a necessary public safety mechanism, and that reform would do more harm than good. So far, proposed reforms in Georgia have failed to gain traction, and the legal status of prostitution remains unchanged. However, the ongoing national conversation around the issue, as well as advocacy efforts at the local level, may yet bring about change.
Legal Approach to Human Trafficking and Prostitution
Georgia law provides protection for both adults and minors from both sex and labor trafficking, but not prostitution. O.C.G.A. § 16-5-46 (2018). Traffickers and those aiding and abetting traffickers can be charged under general offenses, such as racketeering, O.C.G.A. § 16-14-4(a), if their actions also affect trade or commerce. O.C.G.A. §§ 16-14-1, -6, and -8-11 (2019). Although there have been at least two bills introduced in the Georgia legislature to decriminalize prostitution in the last five years, no legislation has passed. If the current law criminalizing prostitution in Georgia is enforced, it is almost always done in conjunction with other related offenses, such as pandering, keeping a house of prostitution, or trafficking . Law enforcement in Georgia employs its human trafficking law in conjunction with all possible related offenses, including prostitution. A 2018 study found that Georgia law enforcement responded to 3,698 calls related to prostitution and over 370 concerning human trafficking in 2016. While the same 2018 study reported arrests for brothel-related offenses dropped by 50% from 2010 to 2016, there were 2,167 arrests for prostitution-related offenses in 2017. The most common charge was prostitution, 1,365 arrests, compared to 556 for keeping a house of prostitution. Of the prostitution-related arrests in 2016, 76 were minors.
Comparison with Other States
The legal framework for prostitution in Georgia flows much like the other southeastern states, with no state-level statutes specifically addressing various related sectors of the sex industry. As is the case in Georgia, local jurisdictions have broad discretion to adopt ordinances that regulate prostitution within its borders. Accordingly, as many local ordinances are enacted with little regard for the legal landscape in other states, it is often difficult to reach any conclusive generalizations about the treatment of prostitution by states nearby Georgia.
Georgia’s neighboring states to the south, Alabama and Florida, similarly approach prostitution with a haphazard combination of constitutional constraints and wide-ranging local ordinances. Within the entirety of the Sunshine State, for example, there exists only one general statute concerning prostitution, which relates to penalties for selling sex on county beaches in the state. While there are several other specific statutes that address supplemental crimes like promoting prostitution and the solicitation of sex, if they are not committed or offered for sale at a beach, each of these offenses is considered a misdemeanor. The state of Alabama offers no comparable language, and for practical purposes prostitution is effectively unregulated in the Heart of Dixie.
It would perhaps be easier to extrapolate a more complete picture of the law surrounding prostitution from states to the north, at least compared to the slightly more erratic landscape to the south. While a few relevant statutes appear at the state level, prostitution laws in Tennessee undergo a comparatively less fragmented examination. The Volunteer State includes several statutes concerning various aspects of the law relating to prostitution, such as penalties for the solicitation of minors and a definition of when an act of prostitution is considered "aggravated." However, even neighboring Tennessee is often outdone in its regulation of prostitution by North Carolina, which has adopted several prostitution-related statutes, including provisions that regulate lawful "escort services," prostitution in the presence of a minor, and the providing of "adult entertainment" at various businesses.
To the north of Georgia, the legal framework for prostitution is even more organized. For example, Illinois has addressed almost every conceivable aspect of prostitution in its Criminal Code, including provisions that relate to penalties for "soliciting for a prostitute" and "keeping a place of prostitution," the regulation of a "massage parlor," and how a law enforcement officer of the state may be present while an act of prostitution is committed. In addition to defining various prostitution-related offenses, the state has authorized its law enforcement officers to petition a court of competent jurisdiction for an order prohibiting the establishment or maintenance of a number of different "lewd public nuisance" offenses.
Public and Societal Opinions
Public opinion and social perspectives on the matter also tend to align with the law. A 2019 survey conducted by the Georgia Institute of Technology found that 72% of Georgians supported keeping commercial sex work illegal, while only 18% were in favor of making it legal. The reasons behind these opinions are varied but generally tend to reflect traditional views on morals, religious beliefs, and larger societal structure . Critics of the current law argue that criminalizing a naturally occurring industry leads to more harm, not less, as it forces sex workers to operate in an unsafe and underground environment. Advocates of the law maintain that it protects against trafficking and exploitation, ensuring that the most vulnerable members of society are given some level of protection.