CALIFORNIA PROSTITUTION LAWS – Penal Code Section 647(b) PC

Prostitution and Prostitution Solicitation in California

California Penal Code defines prostitution as an act of receiving money or any other valuable thing for a sexual act, including sexual intercourse. A prostitute is a person who agrees to commit a lewd act in exchange for something of value (usually money but not only money).
Prostitution is one of the “oldest professions” and it can be in various forms from girls on the street to professional escort services. In the country as a whole, prostitution is considered to be a crime, except in some parts of Nevada.
Solicitation in prostitution is very close to the crime of prostitution and consists of acts of requesting, encouraging or demanding any person to engage in prostitution.
Thus, depending on specific circumstances of the case, the main stages for charges or prostitution involves soliciting a prostitute, and pimping or pandering (“middleman”).
Below, the Margarian Law Firm will introduce you the main elements of the California Prostitution and Solicitation Laws. Moreover, you can utilize the resources in our site to find detailed information about different kinds of Sex Crimes in California.

1. Definition of Prostitution under California Law
2. Definition of Solicitation under California Law
3. Criminal Elements of the Crimes of Prostitution and Solicitation in California
4. Punishment for Violation of California Prostitution and Solicitation Laws
5. Defenses to the Accusations of Having Prostitution in California
6. Related Articles

Additionally, we are ready to provide answers to your initial questions concerning sex crime charges in California for free.

1. What is Prostitution under California Law?
Under California Penal Code 647(b) PC, any person who solicits or who agrees to engage in or who engages in any act of prostitution is guilty of a misdemeanor. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage. Even if it is entrapment, nonetheless, the crime is deemed to be committed.
Prostitution can be committed both by a man and by a woman. The crime is considered to be completed if a person agrees to engage in this crime and first steps are taken with the intent to fulfil the agreement.

2. What is Solicitation under California Law?
In general, people who pay for sexual services are referred to as “John”  and they can be charged for solicitation of prostitution. Solicitation is also when an individual agrees to have sexual intercourse in exchange for money or other valuable things. This agreement can either be implied or expressed. The charges are more severe when the person involved is a minor. In this case, the defendant can be charged with a felony. In order to consider the solicitation completed, the offender must encourage someone to complete the crime. It is not required for any act to follow on it.

3. Criminal Elements of the Crimes of Prostitution and Solicitation in California
Pursuant to jury instructions, in order to convict the defendant of agreeing to engage in an act of prostitution, the prosecutor must prove the following facts:
1. The defendant agreed to engage in an act of prostitution with someone else;
2. The defendant had en intent to engage in an act of prostitution with that person;
3. The defendant did something to further the commission of an act of prostitution.
Example: the crime is considered to be committed if the defendant started taking off her or his dress in a private room.
A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other kind of compensation.

In order to prove that the defendant committed the crime of solicitation, the prosecutor must prove the following facts:
1. The defendant requested or asked that another person engage in an act of prostitution;
2. The defendant intended to engage in an act of prostitution with the other person;
3. The other person received the communication containing the request.

4. What Penalties Can I Face If I Violate California Prostitution and Solicitation Laws?
California Prostitution and Solicitation are considered to be misdemeanor. The convicted can face the following penalties for breaking California prostitution and solicitation laws (California Penal Code 647(b)):
– A fine up to $1000;
– Imprisonment up to 6 months in county jail;
– Or both of them.

5. Defenses to the Accusations of Having Prostitution in California
It can happen that innocent people are accused of committing crimes. Your defense attorney can use various legal defenses in order to get the best possible outcome for you. Below, you can find some of them:
False accusations
Plea bargain and dismissals
False confessions
– Mistaken identity
Entrapment.

6. What Are Sex Crimes in California?
There are a variety of sex crimes that fall under the umbrella of California law, including:

California Sex Crimes

Rape

Statutory Rape

Sodomy

Engaging in or Soliciting Lewd Conduct in Public – California Penal Code 647(a)
Incest

Oral Copulation by Force or Fear

Sexual Assault Laws

Pimping and Pandering Laws

Internet Pornography

Sex Offender Registration

If you or a loved one have been accused of such crimes but believe you are innocent, do not hesitate to contact us. The Margarian Law Firm aggressively protects the rights of criminal defendants in California. Our experienced attorneys will evaluate your case and prepare you for your defense trial as fast as possible.

We will do our best to get the best possible outcome for You!

You may file your request online, by telephone or mail. 818-553-1000

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