Atlanta Soliciting Lawyer: Georgia Solicitation Defense Attorney

Solicitation in Georgia means offering, agreeing, or asking to trade money or something of value for a sexual act. Two statutes carry most of these cases. Georgia law covers the buyer through its pandering statute, and it covers a separate offense called solicitation of sodomy. Both can follow a person for years.

A soliciting lawyer can explain what you actually face. The charge on the citation is often not the charge in the code. Your risk ranges from a misdemeanor to a serious felony, and the stakes rise sharply when a minor is involved.

An experienced solicitation criminal attorney can review the charge and test the proof. He or she can push for a lower charge, or for a dismissal, when the facts support it. Anyone facing these charges should call a lawyer right away.

What Georgia Actually Charges: The Words in the Code

Georgia's code holds no crime named "solicitation of prostitution." That is the phrase everyone uses, police included. The statute the buyer is charged under is pandering. A person commits pandering by asking another person to perform an act of prostitution, either for himself or for someone else.

The seller is charged under a different statute. Prostitution covers a person eighteen or older who performs, offers, or agrees to perform a sexual act for money. Our prostitution page covers that side of the case.

Two other statutes come up often:

• Solicitation of sodomy applies when a person asks another to perform or submit to an act of sodomy.
• Criminal solicitation is a broad statute. It applies when someone asks another person to commit a felony of any kind, and by itself it has nothing to do with sex crimes.

Georgia solicitation laws are scattered across several code sections, and the labels people use day to day do not match the labels in the statute. Getting the statute right is the first job in any case like this, because the sentence ranges are nothing alike.

Penalties for Solicitation in Georgia

Penalties turn on three things: which statute the state uses, your record, and the age of the other person. What follows is the general frame. A lawyer still has to apply it to your own accusation.

First Offense as the Buyer

A first pandering charge is a misdemeanor of a high and aggravated nature. That label matters. It raises the top fine to five thousand dollars, caps jail at twelve months, and limits the earned-time credit a person can build up. Georgia law also sets a floor. The judge may suspend, stay, or probate all but seventy-two hours of any jail term. Courts often add community service, counseling, or a class.

Repeat Offenses

The second charge is a different animal. Under Georgia's penalty statute, a second or later pandering conviction is a felony carrying one to ten years in prison. This is the biggest reason to fight a first charge rather than plead it out fast. A first conviction that felt minor at the time can turn the next arrest into a felony.

Prostitution: The Other Side of the Same Case

A prostitution conviction is a plain misdemeanor. It carries up to twelve months in jail and a fine of up to one thousand dollars. Police often arrest both sides of the same alleged deal. Those two people then face different statutes and very different sentence ranges.

Solicitation of Sodomy

This charge is described wrongly all over the internet, including on lawyer websites, so read it closely. Solicitation of sodomy is punished as a misdemeanor in the ordinary case. It turns into a felony in one situation only. That is when the offense involves asking a person under eighteen to perform or submit to an act of sodomy for money. The sentence there is five to twenty years in prison, plus a fine of not less than twenty-five hundred dollars and not more than ten thousand.

Charges Involving a Minor

When a minor is involved, everything changes. Prosecutors have several felony tools:

• Pandering involving a person under eighteen. Georgia's penalty statute makes this a felony. The sentence is ten to thirty years in prison, plus a fine of up to one hundred thousand dollars.
• Enticing a child for indecent purposes. Asking, luring, or taking a child under sixteen anywhere for molestation or indecent acts carries ten to thirty years. One narrow exception exists. It applies when the child is fourteen or fifteen and the defendant is eighteen or younger and no more than four years older.
• Computer or electronic solicitation. Using a phone, an app, or the internet to lure a child, or someone the defendant thinks is a child, is a felony. It carries one to twenty years and a fine of up to twenty-five thousand dollars. A narrow exception applies when the victim was at least fourteen and the defendant was eighteen or younger.

A conviction in this group can also mean lifetime listing on the Georgia Sex Offender Registry.

Criminal Solicitation of a Felony

Georgia also has a broad criminal solicitation statute. It applies when a person asks, requests, or commands another to commit a felony. The sentence is one to three years. It rises to one to five years when the target crime is punishable by death or life in prison. It is no defense that the person asked could not have been convicted of that felony.

Collateral Consequences

A solicitation conviction creates effects that outlast the sentence. It shows up on background checks. It can cost a person certain jobs and put a professional license at risk. For a non-citizen, it can trigger removal or block a future visa or green card. Married clients often find the arrest record alone reaches a divorce or custody file long before any plea.

Speaking with an experienced solicitation lawyer early is the strongest step you can take against these long-term effects.

Common Solicitation Defenses

Several defenses may apply, depending on the facts. A soliciting lawyer will look for all of them before advising you on a plea.

Entrapment

Entrapment happens when police push someone into a crime the person would not have committed alone. Georgia courts ask whether the pressure came from the officer rather than from the defendant.

In stings, undercover officers often start the contact, suggest the deal, and set the price. Where law enforcement supplied the whole idea, an entrapment defense may fit.

Lack of Specific Intent

Pandering requires an intentional request or agreement for a sexual act in trade for money. Real talk is messy. A text thread, or a short exchange in a parking lot, can carry more than one meaning. If the state cannot prove the defendant meant to arrange a paid sexual act, the charge can fail.

Insufficient Evidence

These cases usually rest on recorded talk, officer testimony, or video. Where no recording exists, no money changed hands, and nothing happened beyond being in an area, the proof may be too thin. The state must prove every element beyond a reasonable doubt.

Mistaken Identity

In online stings, several people often share one device, one account, or one address on the network. If the state cannot prove who was typing, that gap creates reasonable doubt.

Constitutional Challenges

Fourth Amendment rules govern how officers gather proof. Where police watched a suspect without proper authority, pulled phone records with no warrant, or otherwise crossed a line, the evidence may be thrown out.

Fifth Amendment issues come up too, mainly where officers took statements without a Miranda warning.

Mitigation and Diversion

First-time offenders may qualify under Georgia's First Offender Act. The court holds off on entering guilt. A defendant who finishes the sentence is then cleared and discharged by law, with no conviction on the record. Some metro Atlanta courts also offer pretrial diversion for low-level solicitation cases, and finishing it can end in a dismissal.

Two cautions belong here. First offender treatment is open only to a defendant with no prior felony conviction. And if that defendant breaks probation or picks up a new case, the court can enter the conviction and sentence as if the deal never existed.

How Solicitation Cases Are Investigated in Georgia

Solicitation charges usually come out of undercover stings. Officers pose as sex workers in hotel lobbies, parking lots, and known strips, looking for people willing to pay. They also answer online escort ads and run the talk by text or phone.

Internet cases now lead the field. Undercover officers build profiles on dating apps, classified sites, and social media, then steer the chat toward a clear offer. When a minor is involved, the Georgia Bureau of Investigation's Child Exploitation and Computer Crimes Unit usually joins the case.

Evidence Used in Prosecution

The state builds these cases out of a short list of materials. Text messages and chat logs supply the written offer. Recorded calls and body camera footage capture the spoken one. Marked bills and video document any exchange of money. In online cases, network addresses and device data tie a person to an account.

Each of those steps is also a place the defense can push. A solicitation criminal attorney can comb the case file for procedural errors, improper pressure, and gaps in proof. Those weak points are what move a case toward a lower charge or a dismissal.

Solicitation vs. Prostitution: Key Differences

Georgia treats the two sides of the same alleged deal as separate crimes. Solicitation, charged as pandering, aims at the buyer who offers or agrees to pay. Prostitution aims at the seller who performs, or offers to perform, for money.

The grading differs too. A first pandering charge is a high and aggravated misdemeanor with a seventy-two hour floor. A first prostitution charge is an ordinary misdemeanor. A second pandering conviction becomes a felony, while prostitution stays a misdemeanor.

That difference drives strategy. A person accused as the buyer may argue that no clear offer was ever made. A person accused as the seller raises different defenses. Working out which statute applies is the first step, and an attorney who knows sex crimes defense can tell whether the state charged the right offense at all.

What to Do in the First Forty-Eight Hours

The early hours shape the rest of the case. A few simple steps matter more than anything else you can do.

• Stop talking about the case. That means officers, the other person involved, and anyone on a recorded jail line.
• Keep your phone intact. Do not delete threads, photos, or apps. Deleting looks like guilt and can support a separate charge.
• Write down what happened. Memory fades fast, and a same-day account helps your lawyer test the officer's report.
• Note the court and the date. These cases move through both state and city courts in metro Atlanta, and a missed date creates a new problem on top of the old one.
• Call a lawyer before the first hearing. Early help is what makes diversion, a lower charge, and first offender treatment realistic.

Speak With an Atlanta Solicitation Lawyer

Solicitation cases move fast. Officers often hold text messages, recorded talks, and video before anyone is arrested. Anything you say after the arrest can be used in court. Early counsel guards your rights, helps save evidence, and keeps you from a statement that hurts the defense.

Kohn & Yager LLC offers free, private consultations to people facing solicitation charges in Georgia. Our criminal lawyers handle defense cases in Fulton, DeKalb, Gwinnett, and Cobb County courts. Those are the courts where most metro Atlanta solicitation cases are tried.

Every case is different, and outcomes depend on the specific facts and circumstances involved. If you or someone you know faces a solicitation charge, contact Kohn & Yager LLC at (404) 567-5515. An attorney can review the accusation and explain your options.

Frequently Asked Questions About Solicitation Charges

Is Solicitation a Felony or Misdemeanor in Georgia?

It depends on the statute and on your record. A first charge against the buyer, which Georgia charges as pandering, is a misdemeanor of a high and aggravated nature. It carries up to twelve months in jail and a fine of up to five thousand dollars. A second or later conviction is a felony carrying one to ten years. Solicitation of sodomy is punished as a misdemeanor, unless it involved asking someone under eighteen for paid sodomy, which carries five to twenty years. Any case involving a minor is a serious felony.

What Is the Difference Between Solicitation and Prostitution Under Georgia Law?

Solicitation aims at the buyer, the person who offers or agrees to pay for a sexual act, and Georgia charges that conduct under its pandering statute. Prostitution aims at the seller, the person who performs or offers to perform for money. The two crimes sit in different statutes and carry different penalties. That difference shapes both defense strategy and how the case can end.

Can a Solicitation Charge Be Dismissed or Reduced in Georgia?

Dismissal or reduction is possible, depending on the facts. Common routes include attacking the proof, raising entrapment, and trading down to a lesser charge. First-time offenders may qualify under Georgia's First Offender Act, which holds off on entering guilt so no conviction lands when the sentence is done. Some metro Atlanta courts also offer pretrial diversion for low-level cases, and finishing it can end in a dismissal. An attorney can tell you whether these options fit your case.

Will a Solicitation Conviction Require Sex Offender Registration in Georgia?

A first misdemeanor charge against the buyer does not normally require sign-up. The risk rises with felony exposure, and any charge involving a minor should be treated as a registry case from day one. The rules turn on the exact statute and on the facts. Anyone facing a charge that could lead to listing on the Georgia Sex Offender Registry should talk to an attorney right away.

Do I Need a Lawyer for a First Solicitation Charge?

Yes, and the reason is the second charge rather than the first. A first conviction is the trigger that turns the next arrest into a felony carrying one to ten years. A solicitation criminal attorney can often protect the record in ways that are impossible once a plea is entered.