Sacramento Criminal Defense Attorneys Helping People Accused of Prostitution and Solicitation

Despite the growing opinion that sex work should be decriminalized, prostitution and solicitation of prostitution are still crimes in California. In fact, prostitution cases are often the result of police entrapment and are aggressively prosecuted. And even though it may not be considered a “serious” crime, a conviction can result in fines and jail time, as well as create a tremendous amount of public embarrassment. 

If you’re facing prostitution or solicitation charges, you don’t have to face the prosecution alone. The Bay Area criminal defense attorneys at The Law Offices of David S. Chesley have the knowledge, skills, and experience you need to get a fair result. Call us at 800-755-5174 or send us an email to schedule a free consultation and learn about how we can help you. 

Prostitution and Solicitation of Prostitution under California Law

For purposes of clarity, prostitution and solicitation involve two parties – the prostitute, and the customer who solicits the prostitute (commonly referred to as a “john.”) California Penal Code Section 647(b) defines prostitution as the exchange of money, goods, or services for sex or other lewd conduct. The statute applies to both the act of prostitution and the solicitation of prostitution, and specifically prohibits the following:

• Engaging in an act of prostitution
• Soliciting an act of prostitution
• Agreeing to engage in an act of prostitution

All of these actions are illegal for both the prostitute and the customer. Also, it’s important to note that you can be charged with either prostitution or solicitation even though you did not actually have sex or engage in other sexual acts – you can be arrested and charged because law enforcement believed that you agreed to engage in an act of prostitution or were soliciting an act of prostitution.

Engaging in an Act of Prostitution

If you are charged with engaging in an act of prostitution, the prosecution must be able to prove the following:

1. That you willfully engaged in sex or some other sexual act with another person;
2. In exchange for money, goods, or services.

You can be charged as the prostitute or the customer, and typically both parties are charged. Charges for engaging in prostitution immediately raise the question of what kind of evidence the prosecution has and how they obtained it.

Solicitation of Prostitution

Solicitation charges can be brought against either the prostitute or the customer, depending on the facts of the case. In order to convict you of solicitation of prostitution, the prosecution must prove that –

1. You requested another person to engage in an act of prostitution; and
2. You intended to engage in an act of prostitution with that other person.

The element of intent can be difficult for the prosecution to prove. You may have made the solicitation as a joke or on a dare. The prosecution will have to rely upon circumstantial evidence that you intended to engage in prostitution, and if they cannot prove that you had the requisite intent, you can’t be convicted. However, there are a few details that you should be aware of:

• You can be charged even though the person you solicited did not agree to engage in prostitution.
• The person you solicited was not a prostitute (e.g., was an undercover police officer).
• You can be charged with prostitution even if you didn’t intend to break the law (you did not know what you were doing was illegal or considered prostitution).

Law enforcement will likely charge whoever initiated the transaction with solicitation, which could be the prostitute or the customer. One way to look at solicitation is that it is an offer to engage in prostitution with someone else.

Agreeing to Engage in Prostitution

In order to be convicted of agreeing to engage in an act of prostitution, the prosecution must prove the following elements:

1. You agreed to engage in an act of prostitution with another person.
2. You intended to engage in an act of prostitution with another person.
3. You did something to further the act of prostitution.

Similar to solicitation, agreeing to engage in prostitution requires that the prosecution prove that you intended to engage in prostitution. The same challenges in proving intent are present here but note that the prosecution must also prove that you did something to further the act of prostitution. One way to look at the third element is that it is an act to confirm the agreement, such as –

• Handing over the payment
• Arriving at an agreed-upon location at a certain time
• Instructing the other person to undress

It’s often the case that whoever initiated the transaction is charged with solicitation of prostitution, while the other party is charged with agreement to engage in prostitution.

Penalties of a Prostitution Conviction

Prostitution charges are misdemeanors under California law. While not as serious as a felony, this doesn’t mean that a conviction doesn’t carry serious consequences. If convicted of a first-offense for prostitution, you could be facing the following:

• A fine of up to $1,000; and
• Up to six months in county jail.

However, you could face harsher penalties if this is a second or subsequent offense:

• Mandatory minimum of 45 days in jail for a second offense.
• Mandatory minimum of 90 days in jail for a third or subsequent offense.

If you engaged in prostitution while (1) using a car and (2) within 1,000 feet of a resident, you could face additional penalties:

• Suspension of your driver’s license for up to 30 days; or
• Your license may be restricted for up to six months, meaning that you could only drive to and from work or school.

Thankfully, a conviction for prostitution will not require you to register as a sex offender. Still, it’s important to remember that a conviction will be a part of your public criminal record, and could cause a great deal of embarrassment for you both personally and professionally.

if You’re Facing Prostitution Charges, Call Us Today to Schedule a Free Case Evaluation with a Bay Area Criminal Defense Attorney

Don’t risk jail time, fines, and the embarrassment of a conviction by trying to face these charges on your own. With over 50 years of courtroom experience, our Sacramento criminal defense lawyers can help you get a fair result by providing you with dedicated, aggressive legal representation. Schedule a free consultation with a criminal defense lawyer in the Bay Area by calling 800-755-5174 or contacting us online – we can help you face these charges and protect your future.