Prostitution and Solicitation Laws in Michigan (MCL 750.448 to 750.451c)

Michigan's prostitution laws are in chapter LXVII of the Penal Code. Soliciting, admitting a person to a place for prostitution, engaging the services of an adult, and aiding and abetting are misdemeanors on a first conviction, punishable by up to 93 days, a fine of up to $500, or both.^[1] The penalties rise with prior convictions, and engaging the services of a person under 18 is a felony.^[2][3]

If you are being forced, threatened or pressured into commercial sex, or you think someone else is, the National Human Trafficking Hotline answers 24 hours a day, 7 days a week at 1-888-373-7888, and calls are confidential; in immediate danger, call 911.^[7] Michigan's VOICES4 hotline takes calls and texts at 855-864-2374.^[8] The protections Michigan law gives to minors and to trafficking victims are explained below.

This page covers the basic offenses in the chapter. The same chapter contains felonies punishable by up to 20 years, such as the conduct commonly called pandering.^[9] Those are covered in pandering and related felonies, and the separate chapter on human trafficking for commercial sex has its own guide.

What conduct do the statutes cover?

Section	Conduct	Who it applies to
MCL 750.448	Accosting, soliciting or inviting another person, in a public place or in or from a building or vehicle, by word, gesture or any other means, to commit prostitution or to do any other lewd or immoral act	A person 16 years of age or older[10]
MCL 750.449	Receiving or admitting, or offering to receive or admit, a person into a place, structure, house, building or vehicle for prostitution, lewdness or assignation, or knowingly permitting a person to remain there for that purpose	A person 16 years of age or older[11]
MCL 750.449a(1)	Engaging or offering to engage the services of another person, not one's spouse, for prostitution, lewdness or assignation, by payment in money or other consideration	Any person[12]
MCL 750.449a(2)	The same conduct where the other person is less than 18 years of age	Any person[3]
MCL 750.450	Aiding, assisting or abetting another person to commit or offer to commit an act prohibited by the sections above	A person 16 years of age or older[13]
MCL 750.462	Taking or conveying a person 16 years of age or less to a house of prostitution, or employing, receiving, detaining or allowing that person to remain there, for a purpose other than prostitution	Any person[14]

The Penal Code sections reviewed for this guide do not define "prostitution." The benchbook reports that the Michigan Supreme Court has held it is not limited to sexual intercourse in exchange for money.^[15]

Under MCL 750.449a an offer is enough. The benchbook reports that in a 2023 decision the Court of Appeals said a defendant's solicitation of a sexual act for money is sufficient to show the prohibited conduct, and that whether the other person had previously worked as a prostitute is not an element.^[15]

What are the penalties?

MCL 750.451 sets the penalties for all of these sections.^[1]

Situation	Classification	Maximum penalty
Violation of MCL 750.448, 750.449, 750.449a(1), 750.450 or 750.462, no prior conviction	Misdemeanor	93 days, a fine of $500, or both[1]
Same sections, person 16 or older with 1 prior conviction	Misdemeanor	1 year, a fine of $1,000, or both[2]
Same sections, 2 or more prior convictions	Felony	2 years, a fine of $2,000, or both[2]
MCL 750.449a(2): the other person is under 18	Felony	5 years, a fine of $10,000, or both[3]

These are maximums. Nothing in the statute says what sentence a court will impose in a given case, and practice varies by court.

How prior convictions are counted

A "prior conviction" includes a conviction under any of the listed Michigan sections and a conviction under a substantially corresponding law of another state or of a political subdivision of Michigan or another state, which takes in local ordinances.^[16] If the prosecuting attorney intends to seek the enhanced penalty, the complaint and information must list the prior conviction or convictions. The judge, without a jury, decides whether they exist, at sentencing or at a separate hearing before sentencing.^[16]

The felony for a person under 18

The felony tier for engaging the services of a person under 18 took effect on January 14, 2015.^[3] The text of MCL 750.449a(2) contains no words about what the accused knew of the other person's age; whether a mistake about age is a defense to that subsection was not verified for this guide and is not stated here. The general rule for the criminal sexual conduct statutes is explained in mistake of age is not a defense. Other statutes also address conduct with a minor; see accosting a child for immoral purposes. The trafficking statute prohibits recruiting, enticing, harboring, transporting, providing or obtaining a minor for commercial sexual activity "by any means," regardless of whether the person knows the minor's age.^[17]

How does the law treat minors found in prostitution?

In any prosecution of a person under 18 for an offense punishable under MCL 750.451, or under a substantially corresponding local ordinance, it is presumed that the minor was coerced into child sexually abusive activity or commercial sexual activity, or otherwise forced or coerced into committing the offense, by another person engaged in human trafficking. The prosecution may overcome the presumption by proving beyond a reasonable doubt that the minor was not forced or coerced.^[4]

The presumption is located in MCL 750.451(6). It is sometimes attributed to MCL 750.451c, which is a different provision covering deferral for trafficking victims of any age.^[4][5]

Three related rules sit beside the presumption:

• A law enforcement officer who encounters a person under 18 engaging in conduct that would violate MCL 750.448, 750.449, 750.450 or 750.462 must immediately report a suspected human trafficking violation to the Department of Health and Human Services.^[18]
• The department must begin an investigation within 24 hours after the report is made.^[18]
• The state may petition the court to find the minor dependent and in danger of substantial physical or psychological harm; a minor who fails to substantially comply with court-ordered services under that provision is not eligible for the presumption.^[4]

Juvenile court procedure is covered in juvenile sex offense cases.

What protections exist for trafficking victims?

Deferral and dismissal under MCL 750.451c

When a person pleads guilty to, or is found guilty of, a violation of MCL 750.448, 750.449, 750.450 or 750.462, or a corresponding local ordinance, and the violation was a direct result of the person being a victim of human trafficking, the court may defer further proceedings without entering a judgment of guilt and place the person on probation. This requires the consent of both the accused and the prosecuting attorney.^[5]

The accused bears the burden of proving by a preponderance of the evidence that the violation was a direct result of being a trafficking victim, and must state that under oath with supporting facts.^[5] On fulfillment of the terms and conditions, the court discharges the person and dismisses the proceedings; the discharge is without an adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law on conviction of a crime.^[5]

The probation order may include any condition authorized by MCL 771.3, including a mandatory counseling program, and the court may order participation in a drug treatment court. On a violation of a term or condition of probation the court may enter an adjudication of guilt.^[19] The court must enter an adjudication of guilt if the person commits another listed prostitution offense during probation, violates an order to receive counseling regarding violent behavior, or violates a no-contact order.^[19] During the deferral the record is closed to public inspection, and unless a judgment of guilt is entered the State Police retain a nonpublic record of the arrest, court proceedings and disposition.^[19] The statute opens that nonpublic record to listed agencies for listed purposes.^[19]

MCL 750.451c does not list MCL 750.449a, the engaging-services section.^[5]

Setting aside an existing conviction

A person already convicted under MCL 750.448, 750.449 or 750.450, or a substantially corresponding local ordinance, may apply to have the conviction set aside if the person committed the offense as a direct result of being a victim of a human trafficking violation.^[6] The list in MCL 780.621(3) is limited to those three sections.^[6]

This application may be filed at any time following the conviction, and one application may cover more than one conviction.^[20] If the applicant proves the connection to trafficking by a preponderance of the evidence, the court may set the conviction aside, subject to its determination that the applicant's circumstances and behavior since the conviction warrant it and that it is consistent with the public welfare. A set-aside is a privilege, not a right.^[20] The general process is described in expunging a sex offense conviction.

Other rules in the chapter

Law enforcement officers. The sections on soliciting, admitting, engaging services and aiding do not apply to a law enforcement officer performing official duties. Since March 13, 2018, that exemption does not apply if the officer engages in sexual penetration in the course of those duties.^[21] How undercover operations are treated in court is explained in online sting operations.

Court-ordered testing. A person arrested and charged under these sections, or under a local prostitution ordinance, may upon order of the court be examined or tested for sexually transmitted infection, hepatitis B, hepatitis C and HIV.^[22]

Registration. A violation of MCL 750.449a(2) is a Tier I offense under the Sex Offenders Registration Act, and a violation of MCL 750.448 is a Tier II offense if the victim is a minor.^[23] See SORA tiers.

Time limit for charges. Unless MCL 767.24 sets a different period for an offense, charges must be filed within 6 years after the offense is committed.^[24]

What people get wrong

"Paying for sex is always a misdemeanor." With two or more prior convictions it is a felony punishable by up to 2 years, and engaging the services of a person under 18 is a felony punishable by up to 5 years.^[2][3]

"A trafficking victim can clear any prostitution-related record." The set-aside provision lists only MCL 750.448, 750.449 and 750.450, and the deferral statute lists those three and MCL 750.462. Neither lists MCL 750.449a.^[6][5]

"Money has to change hands." The statute covers a person who "offers to engage" services.^[12]

Federal law has its own offenses involving interstate travel and communications; see the overview of federal sex crimes.