California Penal Code 647(b) PC makes it a crime either to engage in or to solicit prostitution. Simply put, this means performing any sexual act in exchange for money or other compensation, or offering or agreeing to such an arrangement.
Violating PC 647(b) carries significant penalties, including fines, imprisonment, and other severe consequences. These penalties underscore the gravity of the situation, and it's crucial to understand the potential repercussions.
PC 647(b) prohibits engaging in an act of prostitution, soliciting an act of prostitution, and agreeing to engage in an act of prostitution. As most people know, the term “prostitution” means you have sexual intercourse or perform a lewd act with someone else in exchange for money or other compensation.
A “lewd act” means touching a person's genitals, buttocks, or female breast for the purpose of sexual arousal or sexual gratification.
You engage in prostitution if you willfully engage in sexual intercourse or a lewd act with another person, and do so in exchange for compensation. You solicit prostitution when you request that someone engage in an act of prostitution, and do so with the intent to engage in an act of prostitution with them.
To convict, a prosecutor has to prove that you agreed to engage in an act of prostitution with someone else, you intended to engage in an act of prostitution with that person, and you did something to further the commission of an act of prostitution.
General Definition of Prostitution
When considering enhanced penalties for subsequent offenses, we need to discuss that prostitution in California has a broader legal definition than many people may assume. For example, prostitution includes more than actual sexual intercourse.
PC 647(b) criminalizes any sex act offered, solicited, or engaged in for compensation, such as a man offering a woman drugs in exchange for oral sex, or a woman offering to have sex with her landlord in exchange for a reduction in rent.
Additionally, soliciting sex acts counts as prostitution. The law applies equally to both participants in the exchange. That means both the person agreeing to perform the act and the person soliciting or requesting the act can be arrested and charged with the same offense.
Someone offering money in exchange for a sex act can still be charged with prostitution even if the other party declines. These broad definitions are important because the enhanced penalties for subsequent offenses could apply in these situations, as well-even if no intercourse took place, and in some cases, even if no sexual exchange took place.
Repeat Prostitution Offenses
In Los Angeles, the consequences for repeatedly engaging in the solicitation of prostitution can be harsh. California law takes a firm stance on those who engage in prostitution multiple times. If you are convicted of prostitution and have a prior conviction for the same offense within the past three years, the potential penalties increase, such as the following:
- Minimum of 45 days in county jail, up to a maximum of 6 months.
- A fine of up to $1,000.
- Completion of an AIDS education program.
- Testing for AIDS and other sexually transmitted diseases.
The mandatory minimum jail sentence of 45 days cannot be suspended or waived by the judge, even if probation is granted. This means that repeat offenders will serve at least a month and a half in jail, underscoring the weight of their decisions.
First-time offenders may be eligible for alternative sentencing options, such as diversion programs, which enable defendants to avoid incarceration.
The punishments escalate further if the prostitution involves soliciting from a vehicle. Under California Vehicle Code 22659.5 VC, a vehicle used to solicit prostitution can be declared a nuisance and impounded for up to 30 days. The owner must pay all towing and storage fees, which can add up quickly, to retrieve their vehicle.
The law also takes into account aggravating factors, such as the age of the person solicited or involvement in human trafficking. These factors can lead to more severe felony charges.
Penalties for a Third or Subsequent Prostitution Conviction
The penalties increase further with a third or subsequent conviction under Penal Code 647(b) PC, such as the following:
- A minimum sentence of 90 days in county jail, and judges cannot waive this jail requirement.
- Additional fines and probation may also apply.
Notably, neither prostitution nor solicitation requires mandatory sex offender registration. However, soliciting a minor under the age of 16 is a serious offense that can be filed as a misdemeanor or a felony, carrying a potential penalty of up to three years in prison. It also requires 10 years of sex offender registration. Subsequent convictions are always a felony under Senate Bill No. 1414.
Additional Consequences
Beyond jail time, fines, and fees, a prostitution conviction carries other long-term consequences. For example, a criminal record can make it more challenging to secure employment, housing, and educational opportunities. There is also significant social stigma associated with sex crimes, underscoring the weight of your decisions.
Aliens convicted of prostitution may face deportation, as it is considered a crime of moral turpitude. Repeat offenses increase the likelihood of immigration consequences. For these reasons, you will need an attorney well-versed in these cases who can explore options like diversion programs, plea bargains, or fighting for an acquittal at trial.
What are Related Crimes?
- Human Trafficking (Penal Code 236.1 PC). This felony crime involves depriving someone of their liberty, and doing so with the intent to violate certain laws regarding commercial sexual activity and the sexual exploitation of children.
- Pimping and Pandering (Penal Code Sections 266h and 266i). This crime deals with the facilitation of and receiving financial compensation from acts of commercial sex, infamously known as prostitution. These closely related sex crime charges are frequently charged together in the same case.
Why You Need a Defense Lawyer
Due to the significant consequences of prostitution charges, especially repeat offenses, including mandatory jail terms that cannot be reduced below the statutory minimum, you need legal representation. If you or someone you know has been charged under Penal Code 647(b) PC, you should consult with our California criminal defense attorneys.
From first-time offenders aiming for alternative sentencing to repeat offenders facing mandatory penalties, you will need a legal strategy and a clear understanding of how California courts handle these cases. Our defense professionals can help protect your rights, mitigate penalties, and explore every avenue for an optimal resolution.
For additional information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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