The woman is definitely guilty of solicitation and can be
punished under the statute. The man's situation is a bit unclear. How long was the woman
in the car before she solicited him? Did he ask her to leave the car, or did he allow
her to stay? If he took no steps to remove her, then he has implicitly consented to her
presence there. Once she has declared her intentions; what is his response. If he
refuses her offer, he has committed no crime. If however, he proceeds to negotiate with
her, even as much as saying "how much," then at that point, he is guilty of
solicitation. So there are a number of facts that are unclear as you have illustrated
the situation. On its surface, I would say the woman is guilty but the man cannot
lawfully be charged.
Wednesday, May 7, 2014
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