Do you have to be caught in the act to be arrested for solicitation?

At what point does receiving a massage cross the line into solicitation and do you have to be caught in the act to be arrested?

Asked on February 29, 2012 under Criminal Law, Missouri


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

In Michigan, the crime of solicitation (for sex or sex acts) is based not upon actually getting caught in the act, but upon the intent of the person doing the soliciting, and the actual nature of the solicitation. Thus, if you were getting a massage, and verbally or physically requested the massage therapist to perform a particular sexual act, then that therapist's testimony to police of what happened is enough for the police/prosecution to charge you with solicitation, despite the fact that you were never actually "caught in the act" by the police. The same would apply if the massage therapist solicited you for a sex act. I would contact a local criminal defense attorney in your area to discuss how your State law defines solicitation and whether or not your situation constituted a "solicitation" by law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.