PITTSBURGH PROSTITUTION DEFENSE ATTORNEY

Prostitution crimes are aggressively investigated by detectives and police departments throughout Western Pennsylvania. Many counties have specially trained investigators that acquire information through websites and apps, while conducting “sting operations” at hotels and other establishments.

There are multiple different crimes associated with prostitution allegations:

Often, those facing prostitution charges are also charged with Possession of an Instrument of Crime, in connection with possessing computers, cell phones, condoms or sex toys.

You do not have to perform, or be caught in the act of performing, a sex act to be charged with and convicted of a prostitution offense. A simple agreement to engage in sexual activity for money or property can be sufficient under Pennsylvania law to charge and convict both the alleged buyer and seller of sexual services. Additionally, promoting-prostitution charges apply to those who oversee facilities where paid sex acts occur, as well as those who assist others in arranging for paid sexual activity.

A NOTE ON PENNSYLVANIA’S 2026 OVERHAUL OF THIS LAW

Pennsylvania significantly restructured its prostitution laws through Senate Bill 45 (Act of July 20, 2026, P.L. 492, No. 41), which Governor Shapiro signed on July 20, 2026. The amendments take effect September 18, 2026 (60 days after signing).

Under the new law:

  • Prostitution remains a standalone offense at 18 Pa.C.S. § 5902, but the escalating penalty scheme for repeat offenses and the felony enhancement for a defendant’s HIV/AIDS status have both been eliminated.

  • Promoting prostitution and patronizing prostitution — formerly subsections of § 5902 — have been relocated to Pennsylvania’s human trafficking chapter as new offenses at 18 Pa.C.S. § 3027 (Promoting Prostitution) and 18 Pa.C.S. § 3028 (Patronizing Prostitution), with more severe grading.

  • The statute now uses the terms “person in prostitution” or “prostituted person” in place of “prostitute.”

Because the new law is not effective until September 18, 2026, conduct alleged to have occurred before that date is generally governed by the prior version of § 5902 (including its former promoting- and patronizing-prostitution subsections), while conduct on or after that date falls under the new §§ 5902, 3027 and 3028 described below. If you were charged before the effective date, the grading and elements of your case may differ from what is described here. 

PROSTITUTION CHARGES DEFINED

Pennsylvania’s core prostitution offense remains at 18 Pa.C.S. § 5902. Promoting prostitution and patronizing prostitution are now defined separately at 18 Pa.C.S. § 3027 and 18 Pa.C.S. § 3028, within Pennsylvania’s human trafficking chapter (Chapter 30). Each of these offenses is covered in turn below.

Prostitution Defined (18 Pa.C.S. § 5902)

A person is guilty of prostitution if he or she:

  • Is an inmate of a house of prostitution or otherwise engages in sexual activity as a business (a house of prostitution is any place where prostitution or the promotion of prostitution is carried on by one person under the control, management or supervision of another); OR

  • Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

Sexual activity is defined as conventional sexual intercourse, deviate sexual intercourse (oral sex, anal sex or genital penetration), or any touching on the sexual or other intimate parts of an individual for the purpose of gratifying sexual desire of either person.

In many cases where the individual is charged with this offense, undercover law enforcement officers have conducted a sting operation at a hotel or other establishment. Typically, the officer will respond to an online advertisement and attempt to reach a verbal or implied “agreement” to exchange sexual activity for pay before signaling backup officers to make an arrest. Officers will often place a test call to the number listed in the advertisement to confirm the suspect’s phone rings, and will seize items like condoms, computers and sex toys as evidence.

Grading: Under the amended law, prostitution is graded as a Third Degree Misdemeanor, punishable by up to 1 year in jail and a $2,500 fine, regardless of the number of prior convictions. The prior law’s escalating penalties for repeat offenses, and its felony enhancement for a defendant’s HIV or AIDS status, have both been repealed.

Promoting Prostitution Defined (18 Pa.C.S. § 3027)

A person who knowingly promotes the prostitution of another commits an offense under this section. Conduct that constitutes promoting prostitution includes, without limitation:

  • Owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a prostitution business (3rd Degree Felony);

  • Procuring a person for a prostitution business, or a place in one (3rd Degree Felony);

  • Encouraging, inducing, or otherwise intentionally causing another to become or remain a person in prostitution (3rd Degree Felony);

  • Soliciting a person to patronize someone in prostitution (3rd Degree Felony);

  • Procuring a person in prostitution for a patron (1st Degree Misdemeanor);

  • Transporting a person into or within Pennsylvania with intent to promote that person’s engaging in prostitution, or procuring or paying for transportation with that intent (1st Degree Misdemeanor);

  • Leasing or otherwise permitting a place controlled by the actor to be used for prostitution, or failing to make reasonable efforts to stop such use once aware of it (1st Degree Misdemeanor);

  • Soliciting, receiving, or agreeing to receive a benefit for doing or agreeing to do any of the above (1st Degree Misdemeanor); or

  • Being knowingly supported, in whole or substantial part, by the proceeds of another person’s prostitution (1st Degree Misdemeanor)(formerly the separate “living off prostitutes” offense).

Grading: Now that this offense has been moved into Pennsylvania’s human trafficking chapter, most promoting-prostitution conduct is graded as a felony, a significant increase from the misdemeanor-default grading under the old § 5902(b). Penalties escalate further — up to a felony of the first degree — where the conduct involves the prostitution of a minor, a family member or dependent of the actor, or certain repeat convictions. Given how fact-specific this grading has become, an experienced defense attorney should review the exact conduct alleged before assuming what grade of offense applies.

Patronizing Prostitution Defined (18 Pa.C.S. § 3028)

A person commits the offense of patronizing prostitution if that person hires a person in prostitution, or any other person, to engage in sexual activity with him or her. Typically, undercover police officers create fake advertisements online, with officers posing as a person in prostitution. Once a verbal or implied agreement for sexual activity is reached, the undercover officer signals other officers to make an arrest.

Grading:

  • First offense: Misdemeanor of the third degree — up to 1 year in jail and a $2,500 fine.

  • Second offense: Misdemeanor of the first degree — up to 5 years in jail and a $10,000 fine.

  • Third or subsequent offense: Felony of the third degree — up to 7 years in jail and a $15,000 fine.

The prior felony enhancement based on a defendant’s HIV or AIDS status has been repealed. A person convicted under this section is also subject to mandatory fines, in addition to any fine imposed under the grading above, that are directed toward the Commonwealth’s anti-trafficking grant programs.

DEFENDING YOUR PROSTITUTION CASE

There are many components to investigating and defending your prostitution case. These cases often require a detailed review and analysis of electronic data, phone records and text messages, as well as the specific statements and acts of all co-defendants and police officers involved.

Furthermore, the police will try to classify all of your cash, computers, cell phones, vehicles and other valuable personal property as “contraband,” regardless of whether or not this personal property was used in any criminal manner. This not only helps them prove their case, but they want a judge to sign a forfeiture order so the proceeds can be used by the department for future investigations.

If you or a family member or loved one are charged with a Prostitution, Promoting Prostitution, or Patronizing Prostitution offense, please contact the Zuckerman Law Firm, LLC at 412-447-5580. As a former prosecutor of prostitution cases, Attorney Dave Zuckerman will utilize his experience to build your defense while working behind the scenes to negotiate the best possible resolution of your case. Under appropriate circumstances, one or more of the following resolutions may apply:

  • A withdrawal agreement for the completion of classes;

  • A plea agreement to a summary offense, such as disorderly conduct, for fines and costs only;

  • A plea agreement to a non-prostitution offense;

  • A probationary agreement;

  • A return of a significant amount of seized personal property;

  • Entry into the Program for the Re-Integration, Development and Empowerment of Exploited Individuals (PRIDE), which will enable you to obtain mental health treatment, drug and alcohol treatment, as well as vocational training.