You can be arrested for prostitution, if you offer to give or receive money, in exchange for sex. To be charged with prostitution, simply offering to pay money for sex can get you arrested. The law doesn’t require the offer to be accepted, or that you even have any money in your pocket. Even if you’re broke when you make the offer, you can still be arrested for prostitution.
For a first offense charge of prostitution, you’re facing a class B misdemeanor, which carries a range of punishment of up to 180 days in jail, and up to a $2000 fine. If you’ve been convicted of prostitution once or twice previously, the charge is enhanced to a class A misdemeanor, with a penalty range of up to one year in the county jail and up to a $4000 fine. With three or more previous convictions for prostitution, you’ll be charged with a state jail felony. The penalty range for a state jail felony is from between 180 days and 2 years in the state jail, and a fine of up to $10,000.