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

UPDATED: Feb 29, 2012

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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 11 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.

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