According to California Penal Code Section 647(b), an act which involves a person’s agreement to exchange money for sex is called Solicitation of Prostitution. Prostitution is stated as any “lewd act between persons for money or other consideration.” In general, prostitution occurs between a male and a female. Nonetheless, it can happen between homosexuals, heterosexuals and lesbians. There is no requirement that the agreement must be explicit. It is enough just to show agreement, even nonverbal (i.e., withdraw money from the ATM, taking the prostitute to a motel).
In some circumstances the charge can be aggravating:
- Solicitation of prostitution of a minor
- Solicitation of prostitution of a person infected with a sexually transmitted disease.
In practice, that is the circumstances while a misdemeanor charge often becomes a felony.
The moment of committing of solicitation of prostitution is considered to be when you agree to pay for sex and, in result, take some further steps. It cannot be taken into consideration that the direct act of penetration or other sexual activity has not started. In fact, it is deemed that the solicitation that is only encouraging someone to commit a crime.
The case of entrapment or police undercover operations will be analyzed in the relevant section of our site.
Penalties for the solicitation of prostitution
In general, solicitation of prostitution is considered to be a misdemeanor. The convicted person can face sentencing of up to one year in a county jail and a maximum $1,000 fine. In addition, the court can force a person to take an AIDS education class and an AIDS test as well as appoint to community service. It should be noted that each “prior” conviction increases penalties for any further offense.
In addition, the judge can apply the suspension of the defendant’s driver’s license for 30 days or issue a restricted license for up to 6 months in the following case:
- The engagement in prostitution occurred using an automobile,
- Within 1000 feet aside of a residence.
There are always defenses that can help you avoid penalties. Moreover, sometimes a person can be innocent and, notwithstanding all circumstances, be accused of committing a crime by mistake. We will evaluate your case and engage as fast as possible in your defense for trial.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law. Direct approach with our clients allows us to easily obtain dismiss or reduction of the charges. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us!
You may file your request online, by telephone or by mail. 818-553-1000