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 of the private parts of another individual with the intent purpose to arouse or satisfy a a sexual desire.
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 an prostitution, you had specific intent to engage in prostitution, and you performed some type of action to accomplish the act of prostitution.
If convicted, California law does not require you to register as a sex offender. However, the court may still order you to register if they find 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, it is critical that your criminal defense lawyer know how to present your case in a favorable manner in order to prevent you from having to register.
Although prostitution is considered the “oldest profession” it is still a crime that is prosecuted heavily throughout California. Under California law, these crimes are misdemeanors that could bring up to $1,000 in fines or 6 months in jail, or both.
For repeat offenses the prosecution could increase the charges to a felony that could bring more severe penalties. Speed of retaining the services of an experienced criminal defense attorney is very important if one has been charged with prostitution or solicitation.
There are also laws concerning “loitering” and “pandering (pimping)” as well that apply to prostitution and solicitation and these could be included as part of the charges.
A human trafficking offense is covered under California Penal Code Section 236.1 and 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 with you 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.
The charges of prostitution or solicitation can be very alarming. There are cases where innocent people get caught up by police undercover operations or simply are at the wrong place at the wrong time, doing something that was misunderstood by officials. A thorough defense depends on fast action with all of the facts so that our firm can help you obtain 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.