Is Prostitution Permitted in Michigan?
Under Michigan’s penal code, prostitution and related charges fall under MCL 750.350. Which states that:
- (1) A person shall not engage in prostitution or persist in it.
- (2) A person shall not knowingly allow his or her place to be used for prostitution or knowingly aid or abet prostitution.
- (3) Subsections (1) and (2) do not apply to a person who seeks to engage in or engages in prostitution as part of a police officer’s duties if those duties are conducted in accordance with department policies and procedures .
- (4) Subsections (1) does not apply to a person who engages in prostitution to aid a law enforcement agency in apprehending or prosecuting a person for violating subsection (1). If a law enforcement agency employs a person under this subsection, the law enforcement agency shall supervise the person and shall adopt written policies and procedures governing the employment of the person.
Misdemeanor
According to the above, prostitution is a misdemeanor and is punishable by imprisonment of no greater than 90 days and/or up to $500 fine.
Penalties for Prostitutes
Prostitution is a crime of solicitation, primarily involving an offer of sexual services for money. In the State of Michigan, prostitution is classified as a criminal misdemeanor. Depending on the circumstances and the charge brought, penalties may range from a small fine to time spent in jail. Still, the most ostracizing consequence an individual may face after being found guilty of engaging in prostitution is the creation of a criminal record.
There are two classifications for prostitution charges in Michigan:
Misdemeanor – punishable by up to 93 days in jail and/or a fine of no more than $500.
Felony – punishable by up to 4 years in jail and/or a fine of up to $2000.
Depending on the amount of sexual solicitation taking place (for example, if the solicitation was made to or by a minor), there are a number of ways the charge can be elevated to a felony. Even if the crime remains a misdemeanor, the fact of the solicitation could result in a charge of disorderly person, which, although lesser in charge than prostitution, may still be quite damaging to your reputation and standing in a community.
A misdemeanor charge of prostitution includes an additional 93-day maximum jail sentence on top of the crime. probation may be the result — either by the police, or through a district or circuit court — whether the individual is found guilty or merely opts to take an offensive plea deal.
Only in rare cases will a court approve probation for felony level prostitution or solicitation. Instead, the jail term is often served in full. The offender may be required to pay a fine plus a driver’s responsibility fee of up to $1,000 per year for two years. Failure to pay this fee results in driver’s license suspension until the fee has been paid.
Legal Rights for Sex Workers
While I encourage everyone to live their life to the fullest extent that complies with the law, if you do decide to engage in the world of sex work, you will have limited legal protections. Michigan criminal law does not afford sex workers any special rights or protections. However, there is an opinion from the Michigan Court of Appeals that interprets Article 1, Section 20 of the Michigan Constitution of 1963 to bestow upon a sex worker an implied right to seek a judicial remedy from personal injury caused by criminal acts.
The Michigan Supreme Court has upheld the constitutionality of the prostitution statute and criminalized the activity with no regulations. This means that it is likely the state will be able to prosecute sex workers under the usual statutory provisions that apply to any criminal activity. Any defense available to anyone charged with a crime would still be available to a sex worker.
Some states have passed various types of laws that are more protective of sex workers, but Michigan remains one of the states where sex work is treated solely as a criminal activity.
Advocacy for Prostitution Decriminalization
In recent years, there have been a number of movements across the country to decriminalize prostitution and promote a "decriminalization model" geared toward addressing issues associated with the sex trade, ranging from addiction treatment to safe sex health measures. In Michigan, as in many other states, though, the debates continue with open questions as to how society can best nip the root problems in the bud.
According to many, "The criminalization model has contributed to – if not caused – social stigmas and other problems surrounding sex work in the community. Criminalizing the act of exchange of sexual favors in exchange for money, goods or services has had little effect on reducing the proliferation of the commercial sex trade." Supporters of decriminalization argue that such efforts combat trafficking and abuse – those that are older, experienced, and less vulnerable to the powerful forces that would force sex work upon them do not correspondingly benefit from criminalization. Instead, by making the decision to offer sex work without the threat of criminalization, the individual can freely allow her voice to be heard and not cow-tow to a demanding force.
On the other hand, opponents argue that decriminalization promotes an unhealthy and unsafe option where resolution could be found through combating the notoriously dangerous drug epidemic in Michigan . An increase of harm is likely to come to women, particularly those who are young and without the support of their communities, and other women who may be reluctant to engage with law enforcement to report abuse and demand the prosecution of exploitative men when prostitution is made more dangerous and normal. While there have been many calls for greater data and research into the issue, opponents of decriminalization and supporters of reform can find some common ground in the necessity of putting a coping mechanism into place for those with no support system further victimized daily by "customers," moments after they receive the money that feeds their habit. As the weeks where temporary tattooed scars and scratches make her unable to do so arguably decent, her desperation drives her to abuse drugs and engage in sex work. All the while, she may remain seeking treatment for addiction, most likely alone.
This is not to say that decriminalization is a well-formed policy, but simply that legislation addressing human exploitation need not be formed from the other extreme of the debate (criminalization model), which as noted above, has often failed to address and alleviate the commercial sex trade.
Effects of Prostitution Laws on Communities
The social impact of prostitution is vast and often misunderstood. With progressive moves made in other states, some may argue that eliminating or revising prostitution laws will have a positive impact. The reality is that Michigan (and the United States at large) has a long way to go before prostitution can be seen through a positive lens.
For instance, a 2018 study from the Michigan State Police Cross Pipeline Task Force found that from 2014 to 2017, 1,329 individuals were arrested on prostitution-related charges and 1,042 of those were female. The six most common charges were "recall of former conviction," "45th District Court warrant-related," "crimes against the family, third degree," "presentation of false identification to a police officer," "soliciting prostitution" and "prostitution." An up-to-date count of human trafficking victims and perpetrators is not available in Michigan, but since 2016, Michigan has ranked within the top 10 of all states reporting human trafficking cases to the federal government. The I-75 corridor, which runs from Detroit to Toledo, Ohio, has long been considered a human trafficking corridor due to the number of busy major highways, the easy-to-access international border and the expansive metropolitan area.
The Border City Justice Collaborative, a committee of Border Global Capital, LLC, conducted a study of smuggling activity at international border crossings in Southwest Michigan. The study concluded that the most common form of trafficking in persons at Michigan border crossings is sex trafficking and the substance most likely to be smuggled across the border is illegal drugs. Thus , Michigan State Police crossed-pipeline task force detected, detained and reported at shortest distance to post, miSS, all forms of human trafficking annual 2014-2017. Michigan State Police received 288 reports of sex trafficking and 109 reports of labor trafficking annually 2014-2017.
The impact of prostitution laws extends beyond the human trafficking chain, however. Public health impact has also been noted in Michigan. The University of Michigan divided respondents into five categories: voyeurism, telephone sex, sexual encounters, other sexual acts and unsafe sex. They found that their respondents engaged in unsafe sex (unprotected vaginal or anal intercourse) at the highest rates (60.9% and 56.3%, respectively). In addition, the researchers noted that the categories of voyeurism and telephone sex had virtually no independent relationship with health behaviors. When included in a multivariate model, telephone sex was the only category significantly related to substance use; the respondents were significantly more likely to report drug use if they had participated in telephone sex. The authors of the study recommend further investigation into the relationship between public health and sex work.
Taken together, the research suggests that prostitution remains an economic, health and human rights concern that contributes to a negative impact on society in Michigan and beyond.