Prostitution is illegal throughout the state of California, and both parties in the exchange can be charged with a crime. California’s laws against prostitution cover both soliciting or agreeing to prostitution and actually engaging in the act.
At Silver Law Firm, we do not rush cases. We review every bodycam video, every message, and every witness statement before making a move.
With over 30 years in business and more than 10,000 clients served, Our team is experienced in evaluating prostitution charges and developing potential defense strategies.
However, there are protections under the law that can safeguard individuals from prosecution for prostitution in certain circumstances. If you have more questions about California’s laws concerning prostitution, you can talk to an Oakland prostitution and solicitation lawyer for answers.
California’s Laws on Prostitution
California Penal Code 647(b) makes it illegal to solicit or engage in prostitution. Prostitution is defined as performing lewd or sexual acts in exchange for compensation.
A lewd act can involve body parts like the genitals, buttocks, or breasts. Compensation can be anything of value (e.g., drugs), and it doesn’t have to go directly to the person engaging in prostitution (e.g., it goes to a pimp).
Soliciting Prostitution is Also Illegal
California’s laws also make it illegal to solicit prostitution. Whereas engaging in prostitution involves committing sexual acts, soliciting prostitution consists of offering or agreeing to engage in prostitution.
In other words, a person can be arrested for soliciting prostitution if they ask someone to perform sexual acts for money or agree to perform sexual acts for money, either verbally or in writing. Solicitation for prostitution charges can apply both to the person accepting compensation and the person paying for sexual acts.
More generally, the prosecution must prove the following to secure a conviction for soliciting prostitution:
- The individual requested, agreed, or offered to engage in prostitution.
- The individuals intended to engage in prostitution with the other party.
- The other person received the communication or agreement.
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What Is the Punishment for Prostitution?
Prostitution offenses under CPC 647(b) are typically charged as misdemeanor offenses, which can carry up to six months in jail and a fine of up to $1,000 plus administrative fines. However, offenders can face enhanced penalties for repeat offenses.
Soliciting prostitution involving a minor carries significantly harsher penalties and may be charged as a felony. These cases can include mandatory jail time and possible sex offender registration. The exact consequences depend on the age of the minor and the facts of the case.
Other Important Laws Regarding Prostitution in California
Below are some other important laws concerning prostitution and related offenses in California.
CPC 266h
California Penal Code 266h makes it illegal to knowingly receive financial support from prostitution or to receive compensation for soliciting prostitution on behalf of another person.
These so-called “pimping laws” are aimed at punishing those who organize and derive income from prostitution activity.
Senate Bill 233
Senate 233 is part of legislation passed to protect sex workers from criminal prosecution in certain circumstances. Specifically, the bill gives sex workers immunity when reporting other serious offenses.
For example, if a sex worker witnessed a violent crime, they could report the crime without incriminating themselves for prostitution. Senate Bill 233 also prohibits law enforcement from using the presence of condoms as probable cause to arrest for soliciting prostitution.
Senate Bill 357
Senate Bill 357 is recent legislation that repeals previous bans on loitering with the intent to solicit prostitution. Under the previous law, the police could arrest suspects without them actually committing the crime of soliciting prostitution.
Convictions for loitering with the intent to solicit prostitution used to be a misdemeanor crime punishable by six months in prison and a $1,000 fine.
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Defenses Against Prostitution Charges in California
Before deciding how to fight the charge, we gather every available piece of evidence — bodycam footage, text messages, police reports, and witness accounts — because decisions that affect your future should never be made before we turn over every stone.
In our professional experience as Oakland sex crimes lawyers, below are some strategies that may be considered in defending against prostitution criminal charges, depending on the specifics of a case:
- Police entrapment. Police often pose as customers or prostitutes to arrest individuals for prostitution. Undercover police who pressure individuals into a transaction may be guilty of entrapment, which can result in the case being dismissed.
- No evidence of intent. The prosecution must provide proof that a person intended to engage in or solicit prostitution. Things like recorded conversations may not be sufficient to establish intent, and intent can be argued against if the person charged with the crime didn’t further the act and actually engage.
- No compensation changed hands. Prostitution specifically requires some kind of compensation to change hands, though it doesn’t necessarily have to be money. If no compensation changed hands, then the act was a consensual sexual encounter, which is legal.
- Coercion. Prostitution must be willful or voluntary for it to be a crime. If a person is under duress or coerced into soliciting prostitution via threats or blackmail, it could mitigate their criminal responsibility and result in lesser or dropped charges.
Silver Law Firm is dedicated exclusively to criminal defense. Our attorneys bring over 37 years of combined experience to every case.
We work with clients to develop case-specific strategies based on the facts, with a focus on careful evaluation and client-informed decisions.
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Contact a Criminal Defense Lawyer in California
Facing criminal charges for prostitution in California can be a stressful and scary experience, but help is available. Silver Law Firm can provide legal representation and guidance to individuals facing criminal charges, helping them understand their options.
Contact our offices online or call today to speak to an Oakland criminal defense lawyer.
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