Prostitution & Solicitation Law in California - Penal Code 647(b)
Under California Penal Code 647(b), prostitution is a misdemeanor offense. Prostitution is not just exchanging money for sexual intercourse, but also the exchange of money for any lewd act between two people.
In general terms, a lewd act is touching the private parts of another individual with the intent to arouse or satisfy a sexual desire. This can include actions such as fondling, groping, or any other form of sexual contact.
In order to be convicted, which applies to both the person soliciting prostitution services and the person providing prostitution services, the prosecution has to prove beyond a reasonable doubt that you offered or accepted an offer to engage in prostitution, you had specific intent to engage in prostitution, and you performed some type of action to accomplish the act of prostitution.
This process involves a series of legal steps, including arrest, arraignment, trial, and potential sentencing, all of which can be complex and daunting without the guidance of a skilled defense attorney.
If convicted, California law does not require you to register as a sex offender. However, the court may still order you to register if it finds that you committed the offense out of sexual compulsion or for sexual gratification.
Since sex offender registration is not an automated process in a prostitution or solicitation conviction, your California criminal defense lawyer must know how to present your case favorably in order to prevent you from having to register.
Legal Penalties
For this reason, it's crucial to seek legal counsel immediately. An experienced criminal defense attorney can guide you through the legal process and work to protect your rights and future.
For repeat offenses, the prosecution may escalate the charges to a felony, resulting in more severe penalties. The speed at which you secure the services of an experienced criminal defense attorney is crucial if you've been charged with prostitution or solicitation.
It's important to note that there are additional laws concerning “loitering” and “pandering (pimping)” that could be applied to a case of prostitution or solicitation, potentially increasing the severity of the charges.
A human trafficking offense is covered under California Penal Code Section 236.1. It is described as an unlawful trade in human beings against their will for commercial sexual exploitation or forced labor.
Pimping and pandering laws under California Penal Code 266h & 266i deal with the facilitation of – and receiving financial compensation from acts of commercial sex.
Contact Us To Review Your Case
An informed and practiced criminal defense lawyer with Cron, Israels & Stark will examine all of the details surrounding the charges in order to get them dismissed or reduced as warranted by the circumstances. We will do everything in our power to protect your rights, image, and reputation concerning your arrest.
Remember, a thorough defense depends on fast action with all of the facts. With the right legal team on your side, you can work towards obtaining the most favorable results possible.
If you have been charged with prostitution or solicitation, call us and get an effective strategy in place for your best defense of these charges.
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