Knowingly offers or agrees to pay a fee to another for the purpose of engaging in sexual conduct with that person or another. Which offense is this?

• A. Patently Offensive
• B. Prostitution
• C. Solicitation of Prostitution
• D. Obscene device

Answer: (C)

Solicitation of prostitution is the act being tested here. The offense happens when a person knowingly offers or agrees to pay money to someone for the purpose of engaging in sexual conduct, whether with that person or someone else. The key is the act of offering or agreeing to pay for sex, not the actual exchange or the sexual act itself. The crime is complete at the moment the offer or agreement is made, regardless of whether the other person accepts or sex ever occurs.

This differs from prostitution, which requires the actual sexual act in exchange for money. The other options relate to obscenity (patently offensive or obscene device) or to the illegal act of sex-for-hire itself, rather than the act of soliciting it.