The sixth circuit it its recent decision held that the petitioner’s conviction for solicitation of prostitution is a crime involving moral turpitude. (Reyes v. Lynch, 2016)
The respondent in this case argued that solicitation of prostitution “is not uniformly regarded as illegal” and thus must constitute a crime that is malum prohibitum, rather than malum in se. He pointed out that countries such as Armenia, Poland, and the Dominican Republic have made prostitution itself legal, and even one jurisdiction in this country—Nevada—licenses the practice in some counties.
Despite the fact that sister circuits decisions on prostitution are several decades old and there is now increased attention to the question whether and to what extent prostitution should be criminalize the court found solicitation of prostitution is CIMT.
The respondent in this case argued that solicitation of prostitution “is not uniformly regarded as illegal” and thus must constitute a crime that is malum prohibitum, rather than malum in se. He pointed out that countries such as Armenia, Poland, and the Dominican Republic have made prostitution itself legal, and even one jurisdiction in this country—Nevada—licenses the practice in some counties.
Despite the fact that sister circuits decisions on prostitution are several decades old and there is now increased attention to the question whether and to what extent prostitution should be criminalize the court found solicitation of prostitution is CIMT.
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