Prostitution and solicitation are severe offenses under California law. Often, people assume that prostitution and solicitation are the same, but they are two distinct offenses. Under California PC 647(b), it is unlawful to engage in prostitution and solicitation. Under this statute, it is an offense to request, encourage, or offer to pay for sexual services. The potential penalties for the offense include jail time, probation, and fines. If you face prostitution or solicitation charges, your first step should be to hire an experienced attorney to help you fight the charges. At the California Criminal Lawyer Group, we have experienced attorneys who can help you fight your charges in Fresno.

Prostitution Under California Law

Prostitution is defined as the practice of engaging in sexual acts with someone else in exchange for money or any other form of payment. You could face misdemeanor charges under Penal Code 647(b) if you are 18 years or older and are guilty of any of the following:

  • Consenting or accepting to engage in a prostitution act even if you do not commit the act.
  • Offering or requesting an act of prostitution.
  • Receiving or making payment in exchange for engaging in a sexual act.

You could face prostitution charges if your actions match any of the conduct described above. Your client could also face prostitution charges: male clients are usually referred to as ''johns.''

Prostitution is also an act of willfully engaging in sexual intercourse or a lewd act with another person. A lewd act is any activity whereby a person touches the genitals, buttocks, or breasts of a female to gratify or arouse themselves or someone else in a sexual manner.

Solicitation Under California Law

Solicitation is often associated with prostitution, but it is a different offense. Solicitation is the act of requesting or asking someone else to engage in an act of prostitution. In this case, you and your client could face solicitation charges, depending on who started the interaction.

The prosecutor must prove the element of intent for you to face solicitation charges. Proving intent involves showing that there was an offer of money, favoritism, or drugs in exchange for sexual acts. The other person doesn't need to show intent for you to face solicitation charges.

You will face charges if you offer money in exchange for sexual intercourse with someone else. Charges will apply even if the person was not a prostitute and did not agree to the request. You could also face charges even if the person you requested to have sexual intercourse with is a prostitute and submitted to your request.

Some innocent acts are often mistaken for solicitation. For example, you could have been on a street or neighborhood known for prostitution without intending to solicit sex. You could also have nodded or waved at someone, only for you to face sexual solicitation charges.

Prostitution Versus Solicitation

Prostitution and solicitation are not similar offenses. They are separate offenses, though they are connected. Prostitution can only happen when you willfully engage in a sexual act with someone else in exchange for money, food, drugs, or other favors.

On the other hand, solicitation is the mere intent and request to participate in a sexual act, regardless of whether the person receives or gives the agreed compensation. The distinction lies in whether the sexual act happened. Prostitution can only happen if the sexual act happens. Solicitation can happen even without a sexual act. Prostitution and solicitation offenses are covered under Penal Code 647(b).

The History Of Penal Code 647(b) In California

Because of changing cultural practices, you could think that prostitution and solicitation are no longer crimes under California law. This is not the case. Prostitution has existed for decades, and it has always been a violation of the law.

In the past, sexually transmitted diseases were spread among soldiers through prostitution. For a long time, there was no enforcement of anti-prostitution statutes. It was common for law enforcement to propagate prostitution.

However, Penal Code 647(b) was enacted in 1961. The statute sought to deal with the prostitution and solicitation of prostitutes. In 1986, a new crime of agreement to prostitution was added. Earlier, prostitution and related acts were illegal in California, but a new emphasis was imposed, and more arrests occurred. The addition of an agreement to the prostitution law came because most prostitutes were avoiding arrest by claiming that they only accepted what their clients requested. This helped prostitutes evade trouble or conviction even with the undercover police.

People arrested for prostitution because of police decoys presented must prove an ''act in furtherance'' of any agreement to commit prostitution for you to face charges.

Today, law enforcement will raid strip clubs, massage parlors, and other places whenever they suspect prostitution. Undercover law enforcement officers can also respond to telephone or online directory advertisements that appear to be promoting prostitution.

Unfortunately, prostitution in California and the entire United States is still prevalent despite efforts to tame it. Wrongful arrests or exaggerated convictions of prostitution-associated offenses are also common. If you face prosecution charges, you require the services of an experienced criminal defense attorney because prosecutors are ever-zealous in prosecuting this offense.

Senate Bill 233 And Sex Workers Protection

Since 2020, law enforcement cannot arrest you for prostitution or solicitation by merely carrying condoms. The number of prostitution arrests has reduced because condoms can no longer be used as evidence or probable cause. Additionally, you do not need to fear that you will be incriminated for carrying condoms.

Senate Bill 233 also protects you from certain low-level criminal charges when you notify law enforcement of serious crimes. Previously, prostitutes who were victims of or who witnessed serious offenses avoided law enforcement out of fear that they would face charges for the following:

  • Engaging in lewd conduct — PC 647(a).
  • Creating or maintaining a public nuisance — PC 372.
  • Loitering with intention to commit prostitution — PC 653.22.
  • Engaging in or soliciting prostitution — PC 647(b).
  • A misdemeanor drug offense.

Prostitution is Legal In Certain Parts Of The U.S. But Illegal In California

Prostitution is lawful in a few parts of the United States and other countries. Prostitutes who follow specific government guidelines can offer sexual acts and engage in prostitution as a business. However, it is a crime to engage in prostitution in California, even for commercial purposes.

The law against prostitution in California has existed for about 150 years. Certain groups went to court to have the ban overturned, citing business opportunities, personal rights, and safety concerns. Prostitution could have become legal in California in 2017. However, the 9th U.S. Circuit Court of Appeals rejected the appeal, citing public interest.

Efforts To Legalize Prostitution

Today, efforts are underway in California to legalize prostitution. The Senate passed Senate Bill 357, which repealed loitering with the intention to commit prostitution under PC 653.22. The Senate is considering legalizing prostitution to deal with the issue of human trafficking. In this case, pimps will no longer use fear of arrest to continue trafficking individuals associated with committing prostitution.

A Conviction Of Prostitution And Solicitation

Sellers and buyers of sexual engagement could be guilty of prostitution, solicitation, or both, depending on the situation. An individual seeking to pay for sexual engagement could be any person aged 18 years, man or woman, homosexual or heterosexual. The buyers could be frequent solicitors of sexual activities, known as ''johns''. It could also be a person offering money or other compensation to someone else in exchange for sex in a one-off situation.

Similarly, a gay or straight male or female can accept payment in exchange for a sexual act. The person accepting payment for the sexual activity could be a one-time participant or a regular sex worker. Professional sex workers have intermediaries who establish expectations, safety, or routines for the sex workers in exchange for a cut of their income from prostitution. The intermediaries are also called ''pimps”. Pimps do not face prostitution or solicitation charges. Instead, other statutes apply to them, including:

  • Pimping or pandering – Penal Code 266h and 266i.
  • Supervising or aiding prostitution — Penal Code 653.23.

Penalties For Prostitution And Solicitation Charges

Prostitution and solicitation are both charged as misdemeanor offenses. Upon conviction of one of these crimes, you will face penalties based on whether it is your first or repeat offense. Prostitution and solicitation are ''priorable’’ crimes. In this case, your punishment will increase every time you commit a subsequent offense.

You could face a fine for a first-time offense that does not exceed $1,000. You could also face a jail term that does not exceed six months in a county jail. For a second offense, you could face a jail term that does not exceed 45 days in a county jail. A third or subsequent offense could attract a jail term that does not exceed 90 days in a county jail.

You could face a penalty enhancement under certain circumstances. If you commit prostitution or solicitation in a car within a residential area, the judge could issue additional penalties as follows:

  • Suspending your driver’s license for a period that does not exceed 30 days, or
  • Issuing you with a restricted license for a period that does not exceed six months.

You could drive to certain places, like school or work, if you were issued a restricted license. Other local authorities, like town, county, or city authorities, could impose additional penalties depending on your situation.

You do not have to register as a sex offender, even if you are convicted of prostitution and solicitation. However, the judge could order you to register as a sex offender if the judge feels that it is necessary, although this is rare.

The Steps To Take When Facing Prostitution And Solicitation Charges

All is not lost, even if you face prostitution or solicitation charges. Here are the steps to take when the prosecutor accuses you of prostitution and solicitation:

Note Down The Details In Writing

You should note down details like the place where the prosecutor alleges that the prostitution occurred, the names of the people involved, and the date and time. These notes will help you provide your defense attorney with all the necessary details to create your defense. As time passes, you could forget some crucial details regarding the alleged prostitution incident. Record as much information as possible. You can record this information on your cell phone, notepad, or elsewhere.

Perhaps you have a video or audio of the transaction in question. This evidence can help you prove that you did not agree to or offer to pay for a sexual act. You could also have other evidence that shows what your accuser claims did not happen.

Consult A Competent Criminal Defense Attorney

There are many attorneys, but you must hire one specializing in criminal defense and sex offenses. An attorney understands local laws and how to interact with the prosecutor and the judge handling your case. You should share all the details of the case with your attorney. When providing details to your attorney, ensure you are open and honest. After all, your attorney has your interests at heart and will fight for the best outcome of your case.

Being accused of an offense does not mean that you are guilty of the offense. A competent attorney will help you understand your rights. An attorney will also establish whether the arresting officer acted inappropriately or violated your rights.

Defenses For Prostitution And Solicitation Charges

You should hire a skilled attorney if accused of prostitution and solicitation. A skilled attorney will consider a range of defense strategies for your case. Some of the defenses you can use to fight your charges include:

Lack Of Intent

You can only face charges under PC 647(b) if the prosecutor proves that you intended to engage in an act of prostitution or solicitation. If you unknowingly exchange something of value for sexual acts, your intention cannot be established. Your attorney can claim that there was no genuine intent to engage in prostitution and solicitation. Your attorney can also assert that your statement was taken out of context or misconstrued.

Lack Of Corroborated Evidence

Prosecutors always rely on corroborating evidence of sexual charges to support the accusations. Your attorney could challenge the credibility or reliability of this evidence, making the prosecutor’s case weak.

Constitutional Rights Violations

Your attorney will investigate to determine whether law enforcement violated your constitutional rights during your arrest or investigation. The court can dismiss your case if the police violated your Fourth Amendment rights against unlawful searches and seizures. Your charges could also be dropped if your Fifth Amendment rights against self-incrimination were violated.

The Sexual Act Was Consensual

You can prove that the alleged sexual act was consensual and not contingent on any form of compensation. This can be a valid defense against your prostitution and solicitation charges. The context of the sexual activity plays a vital role in determining whether the alleged sexual activity was prostitution.

Lack Of Evidence

Lack of evidence is a strong defense that you can use to challenge the prosecutor’s evidence. This could include the following:

  • Establishing flaws in the investigation process.
  • Contesting the authenticity of electronic communications, or
  • Questioning the reliability of witness statements.

Unreliable or insufficient evidence can weaken the prosecutor's allegations against you.

Mistake Of Fact

The defense can apply if you have a genuine belief, though mistaken, that your client was of legal age or consented to the sexual act. It must be evident that you were not offering any form of compensation. This defense can be valid for prostitution and solicitation charges involving a minor. You could table this defense if you reasonably believed your client was of legal age.

Police Entrapment

Police entrapment can occur if the police engage in conduct that could make you violate the law. Entrapment goes beyond allowing you to commit a crime. Depending on the facts of your case, acts that could be regarded as entrapment include:

  • An assurance that the sexual act will not be prosecuted or is lawful.
  • Offers of extraordinary benefits.
  • Appeals of sympathy or friendship.
  • Repeated and insistent requests.
  • Badgering.
  • Coaxing or flattery.

This defense could be valid if you are involved in undercover operations. The decoy police agency pretends to be a prostitute or a prospective client. Law enforcement can then attempt to entice you by making offers for prostitution and solicitation. Regrettably, many police cross the line into entrapment and lure individuals by using flattery, promises, and enticements.

Entrapment is an affirmative legal defense in California. You must prove entrapment with a preponderance of evidence when you claim that undercover police entrapped you. This means that law enforcement is most likely engaged in entrapment. If your attorney convinces the judge, your charges could be reduced or dropped.

Negotiating For Reduced Charges

Your professional or personal life could be affected if you are convicted of prostitution and solicitation. Your attorney could fight for reduced charges if the prosecutor does not want to dismiss your charges or offer a prostitution diversion and if a jury trial is not the best option. The following are the common reduced offenses to prostitution and solicitation charges:

  • Disturbing the peace under Penal Code 415.
  • Criminal trespass under Penal Code 602.
  • Lewd conduct in public under Penal Code 647(a).

The above charges could be misdemeanors or infractions. The reduced charges could help you prevent the stigma associated with a prostitution and solicitation conviction.

Expiry Of The Statute Of Limitations

Expiry of the statute of limitations is one of the best defenses in prostitution and solicitation cases. The statute of limitations is the period within which the prosecutor or the district attorney must file criminal charges against you. The court could dismiss your case if the prosecutor fails to file the charges within the deadline.

Typically, the period starts from the day you committed the sexual offense. However, there are exemptions whereby the time limit begins once the district attorney learns of the crime. The prosecutor should file 647b charges within one year following the commission of the offense.

Sometimes, the statute of limitations could be tolled and halted temporarily. During this time, the days do not count towards the limit expiration. For example, the statute of limitations could be tolled if you flee from the state.

Prostitution Diversion

Most jurisdictions provide prostitution diversion. You could enter the diversion program instead of entering a plea of guilty or no contest to prostitution and solicitation charges. The program can include submitting to an HIV test and an educational class. Your case could be dismissed upon the conclusion of the program without any other arrest record for one year. After completing the program, you can confidently state that you have never been convicted of a crime. This program is good, especially for people seeking employment, housing, and educational opportunities.

The court could impound your car used in connection with a prostitution and solicitation offense under VC 22659.5. Your vehicle could be seized for a period that does not exceed 30 days. You could appeal this decision, but the process is costly and takes a long time.

Prostitution and solicitation allegations often originate from massage parlor situations. The prospect of a considerable tip can entice a masseuse to engage in sex for money. Most defendants are non-citizens. The prostitution and solicitation diversion program could be the best option for immigrants. Non-citizens could face severe immigration consequences if they plead guilty to the crime.

Related Offenses

The crimes that could be charged in place of or alongside prostitution and solicitation could include:

Rape - PC 261

Rape is defined under PC as non-consensual sex. Even a prostitute has a right to ask their client to stop or discontinue the sexual activity at any time. The client faces rape and prostitution charges for forcefully engaging in sexual activity with a prostitute. This crime is a felony and can attract the following penalties:

  • A jail term of 7 to 13 years if the victim is below 18 years, or.
  • Three, six, or eight years imprisonment in state prison if the victim is above 18 years.

Other offenses related to prostitution and solicitation include:

  • Pandering under PC 266i.
  • Pimping under PC 266h.
  • Human Trafficking PC 236.1.
  • Loitering with the intent to engage in or commit prostitution under PC 653.22.
  • Supervising or aiding a prostitute under PC 653.23.

Find a Criminal Defense Attorney Near Me

If you face prostitution and solicitation charges, you should seek the help of an experienced attorney. Go for an attorney who has defended similar cases before. For reliable legal representation, contact the California Criminal Lawyer Group. Our experienced attorneys can help you create the best defense in Fresno. Contact us at 559-712-8377 to speak to one of our attorneys.