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 purpose to arouse or satisfy 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 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, your criminal defense lawyer must know how to present your case favorably in order to prevent you from having to register.
Legal Penalties
Prostitution, often referred to as the 'oldest profession,' is still a crime that is prosecuted heavily throughout California. Under California law, these crimes are misdemeanors that could result in up to $1,000 in fines, 6 months in jail, or both. This serves as a stark reminder of the potential impact on your life and the importance of seeking legal counsel.
For repeat offenses, the prosecution could escalate the charges to a felony, leading to 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.
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 officials misunderstood. 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.
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