California Prostitution Laws

No, prostitution is not legal in California. It’s prohibited under California Penal Code Section 647(b). Both engaging in the act of prostitution and soliciting prostitution are considered crimes.

What Is a Prostitution Charge in California?

A prostitution charge in California can be levied against people who engage in sexual acts for money or other forms of compensation. This includes not only those offering services but also those seeking to purchase such services.

What About Asking for Money?

Solicitation, in the context of California prostitution laws, involves the act of requesting, encouraging, or demanding someone to engage in prostitution in exchange for money or other forms of compensation. Under California Penal Code Section 647(b), both the individual offering sexual services for money and the person offering money for sexual services can be charged with solicitation.

This law aims to curb prostitution and its associated activities by criminalizing not only the act of prostitution itself but also the agreement or attempt to engage in prostitution. Therefore, the act of solicitation is taken seriously and is seen as a step towards the actual act of prostitution.

Let’s consider a hypothetical scenario. Suppose John, while walking through a neighborhood known for prostitution, is approached by a person, Alex, who offers sexual services in exchange for $100. John agrees to the offer and hands over the money to Alex. However, before anything further occurs, law enforcement officers arrive at the scene and arrest both John and Alex on charges of solicitation.

In this scenario, although the act of prostitution did not occur, the agreement and the exchange of money for sexual services are enough for a solicitation charge under California law. John, by offering money, and Alex, by offering sexual services, have engaged in solicitation, demonstrating a willingness to participate in prostitution.

The scenario underlines the fact that solicitation is a crime that occurs even before any sexual act takes place. The mere act of proposing the exchange of money for sexual acts, or vice versa, is punishable under California law. This legal standpoint serves as a deterrent, aiming to prevent the progression of solicitation to actual acts of prostitution, thereby maintaining public order and morals.

The solicitation law encapsulates a broad range of behaviors and verbal or written communications related to offering or negotiating sexual services for compensation.

Given the nuanced nature of solicitation and prostitution laws in California, if you are facing such charges or seeking to understand the legal landscape surrounding solicitation, you would significantly benefit from consulting with a local California lawyer knowledgeable in California Penal Code Section 647(b) and related statutes.

Can Prostitution Only Be Charged Against the Person Selling Their “Services”?

No, California law doesn’t only target those selling sexual services. Individuals purchasing or attempting to purchase sexual services can also face charges related to prostitution. Both parties involved in the transaction are liable under the law.

Is the State Required to Show That I Contracted or Offered Prostitution?

Yes, the prosecution must prove beyond a reasonable doubt that you engaged in or offered prostitution. Evidence such as verbal agreements, exchange of money, or suggestive behavior could be used to build a case against you.

Verbal Agreements

Verbal agreements form a crucial part of the evidence in cases of solicitation or prostitution. These agreements are often captured through the testimony of law enforcement officers or witnesses who might have heard the discussions regarding the exchange of money for sexual services. Proving verbal agreements can be a complex endeavor, especially if there weren’t others present to witness the conversation. In some cases, audio or video recordings might capture the agreement, providing a more concrete piece of evidence.

Exchange of Money

The act of exchanging money or other forms of compensation is a significant indicator of solicitation or prostitution. This exchange is usually documented by law enforcement, sometimes using marked bills in undercover operations, which can later be presented as evidence. Surveillance footage, if available, can also capture the exchange of money, serving as solid proof of the transaction related to solicitation or prostitution.

Suggestive Behavior

Suggestive behavior includes explicit gestures, conversations, or actions that hint at solicitation or prostitution. Although suggestive behavior on its own may not be conclusive evidence, it can support other evidence, reinforcing the prosecution’s case. Law enforcement officers may testify about observed behaviors, and if there were surveillance operations, photographs or video evidence could capture suggestive behavior, which could then be presented in court.

In addition to these, electronic communications such as text messages, emails, or online advertisements offering sexual services in exchange for money can also serve as evidence in court. Presence in an area known for prostitution could be brought up by the prosecution. However, this alone is usually not enough to secure a conviction.

What Is the Penalty in California for a Prostitution Conviction?

Prostitution and solicitation are misdemeanor offenses that can result in jail time, fines, and other consequences.

For a first offense, you may face up to six months in county jail and/or a fine of up to $1,000.
For a second offense, you may face a minimum of 45 days and up to six months in county jail and/or a fine of up to $1,000. For a third or subsequent offense, you may face a minimum of 90 days and up to six months in county jail and/or a fine of up to $1,000.

Additionally, your car may be subject to seizure and impoundment by the government if you use it to engage in or solicit prostitution. You may also be required to register as a sex offender in some cases.

What Are the Prostitution Defenses to a Charge?

There are several defenses that a local California lawyer could use to challenge the charges. Here are some of the defenses.

Lack of Evidence

One of the primary defenses to a prostitution charge is the lack of sufficient evidence. The prosecution must prove beyond a reasonable doubt that an act of prostitution or solicitation occurred. If the evidence is weak, inconsistent, or inconclusive, it might not meet the legal threshold required for a conviction.

For instance, it might be a viable defense if there were no witnesses or tangible proof, such as money exchange or explicit agreements.

Misunderstanding

Misunderstanding is another common defense. It’s possible that what law enforcement interpreted as an act of solicitation or prostitution was a misunderstanding. For example, a casual conversation might have been misinterpreted, or a person might have been at the wrong place at the wrong time, leading to a false accusation.

Establishing that there was a genuine misunderstanding can potentially lead to the dismissal of charges.

Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime that they would not have committed otherwise. In prostitution cases, entrapment might occur if an undercover officer pressured or tricked someone into offering or agreeing to sexual acts for money. Entrapment can be a strong defense, but it requires showing that there was undue pressure or deceptive practices used by law enforcement.

Insufficient Intent

Proving intent is crucial for a prostitution or solicitation charge. If a defendant can demonstrate that they didn’t have the intent to engage in prostitution, it might be a solid defense. For instance, if money was exchanged but there was no intent of engaging in sexual acts, it could challenge the prosecution’s case.

Mistake

Mistake as a defense would involve proving that a defendant made an honest and reasonable mistake concerning the situation. For example, they might have believed that the person they were interacting with was not a prostitute but someone they knew personally.

When Can Entrapment Not Be Used as a Defense?

Entrapment can’t be used if there’s clear evidence of a willingness to engage in prostitution without undue pressure or trickery by law enforcement. A skilled attorney can evaluate the specifics of your case to determine the viability of an entrapment defense.

Should I Get Legal Advice About My Prostitution Charge?

Absolutely. Facing a prostitution charge can have serious legal and personal consequences. Consult with a local California lawyer who is familiar with California Penal Code Section 647(b) and prostitution laws to understand your rights and the legal options available to you.

Reach out to a reputable California criminal lawyer through LegalMatch to get the professional legal advice you need.