In California, prostitution is a criminal offense that can have serious implications, both legal and collateral. If facing these charges, you may feel overwhelmed and stressed, particularly because of the social stigma accompanying them. However, knowing a few things about the charges beforehand can help you understand what to expect when charged, how to act, and what to do to stop a conviction, together with the accompanying consequences. This blog discusses essential things you should learn about California prostitution charges.
The Legal Meaning of California Prostitution
The legal meaning of California prostitution is described under Section 647b of the Penal Code. Per this law, prostitution refers to willfully having sex or performing lewd acts with another person in return for compensation, such as goods or money. Specifically, prostitution law forbids three acts, including:
- Engaging in a prostitution act
- Soliciting a prostitution act, and
- Accepting to do or participate in a prostitution act
A lewd conduct or lewd act means touching someone's buttocks, female breasts or genitals for purposes of sexual gratification or sexual arousal.
When you engage or participate in a prostitution act, it means you willfully have sex or engage in lewd conduct with another party in return for cash or any other compensation. "Willfully" means performing the act purposely or willingly. You need not intend to violate the law to be deemed to have acted willfully.
Soliciting a prostitution act means requesting that someone engage in a prostitution activity, intending to do that act with them. California law does not consider the following acts as showing an explicit intention to do prostitution:
- Being in an infamous prostitution area
- Waving to passing vehicles
- Nodding to strangers
- Being seen on a corner of a street in a minidress
Agreeing to do a prostitution act is also an element that constitutes the crime of prostitution. Under 647(b) PC, a prosecuting attorney must demonstrate these facts to successfully obtain a criminal conviction for accepting or agreeing to participate in a prostitution act:
- You did agree to take part in a prostitution act with somebody else
- You had the intent to take part in a prostitution act with that individual, and
- You committed an act in furtherance of the perpetration of a prostitution act
Regarding the last element, this additional act you commit is beyond just agreeing to a solicitation. Some examples include the following:
- Giving the other party the payment you agreed upon
- Withdrawing cash from a bank or ATM to make a payment to the other party
- Going to the location where you and the other party had agreed that sexual intercourse or a lewd act would happen
- Directing the party who consente to your solicitation idea to undress.
California statute also considers different related acts as crimes. These include:
- Aiding and abetting prostitution
- Supervising someone else to participate in prostitution
- Running a brothel
- Facilitating or arranging prostitution activities
How to Defend Against Prostitution Accusations
In cases of prostitution, you can contest the charges against you by arguing various legal defenses. The defenses you will assert will be based on the specific facts present in your case. That is why you need help from an expert defense attorney. A qualified defense attorney would know what defense would apply in your case to produce the best possible outcome. common defense strategies that can apply include proving that:
- No sufficient evidence exists to support the prostitution charges
- Police entrapped you
- Someone wrongly accused you
- You did not willfully engage in prostitution
No Willful Act
Sexual conduct is deemed prostitution solely if you willingly did it, conscious of the fact that the act was in return for cash or other types of favors or compensation. You perpetrated no offense if you believed or thought no money was involved.
Consider this example: Emerald hits on Bran at a club. She tells him to go with her to her apartment to chill and have unforgettable moments, and they engage in sexual intercourse. Afterwards, Emerald asks Bran to pay her for her services. Bran looks confused. He believes that Emerald truly had a thing for him and was not a prostitute. He then decides to pay her to avoid any confrontation. In this case, even if Bran made the payment, he is not guilty of prostitution since he never willingly engaged in a prostitution act.
False Accusations
Unluckily, people are wrongly accused of prostitution or soliciting prostitution all the time. Someone may wrongly report you to the police for prostitution as payback, or out of anger or jealousy. Or, it could be that you are a mistaken identity victim. You can argue that you were unfairly blamed regardless of why you were accused.
Police Entrapment
You can claim police entrapment as a legal defense to prostitution if an undercover operation occurred. Entrapment means law enforcement officers used an overbearing act to lure you into perpetrating an offense you would not have otherwise perpetrated. This defense strategy will work in your case, provided you prove that you committed the prostitution act solely due to the entrapment by the undercover law enforcement officers.
Other forms of police misconduct that you might argue as defense strategies include coercing confessions and unlawful search and seizure.
Insufficient Evidence
Inadequate evidence means the prosecution only has a section of the complete evidence required for a conviction under 647(b) PC. If the D.A. has only a section of the full evidence, the jury will have a reasonable doubt regarding your commission of an offense. For example, if you were accused of soliciting a prostitution act, maybe the prosecution can prove you requested someone else to participate in a prostitution act, but cannot demonstrate you meant to do or engage in that act.
The Consequences of Prostitution
Under PC Section 647b, prostitution is deemed a misdemeanor violation. A first violation can subject you to a court fine of not more than $1,000 and a jail sentence that does not exceed six months. The consequences for a second or subsequent violation include the following:
- A compulsory minimum of forty-five days in jail if it is a second violation
- A compulsory minimum of ninety days in custody if it is a third violation
The judge might also subject you to a driver's license suspension for not more than thirty days if your case involved a motor vehicle and occurred within 1,000 ft. of a residence.
Note that some convictions of sex offenses in California will lead to you being required to comply with the sex offender registration requirement under PC 290. However, a conviction of the crime of solicitation or prostitution does not require mandatory registration as a sexual offender.
Also, it is worth noting that soliciting any minor under sixteen years is deemed a wobbler offense. That means the prosecution can charge it as a felony or misdemeanor. A conviction carries a prison sentence that does not exceed three years. It also necessitates registration as a sex offender for ten years. Any subsequent violations are always deemed a felony per SB 1414.
Crimes Related to Prostitution
Various crimes are related to the crime of prosecution. Being related means the prosecution can charge you with any of these crimes instead of or alongside the crime of prostitution based on the facts of the case. For example, if your prostitution charge has additional elements present in one of these five crimes, the prosecution may accuse you of two charges. The violations related to prostitution are:
PC 266h, Pimping
According to 266h PC, pimping is when you receive part of or all the revenue from someone else's prostitution work. Like prostitution, you can challenge pimping charges with the legal defense of entrapment.
PC 236.1, Human Trafficking
Section 236.1 of the Penal Code describes human trafficking as depriving somebody of their liberty with the intention to break specific California statutes about sexual exploitation of minors and commercial sexual activity.
Unlike 647b PC violations, PC 236.1 violations are always deemed felonies. A conviction can subject you to life imprisonment based on the case facts.
PC 266i, Pandering
Per PC 266i, pandering means attempting to influence somebody to remain or become a sex worker. California statute treats this offense more severely than prostitution. Pandering is deemed a felony crime that attracts a prison sentence of not more than six years.
PC 653.23, Aiding or Supervising a Prostitute
According to 653.23 PC, you aid or supervise a prostitute when you supervise, recruit, direct, or assist somebody else in perpetrating or soliciting prostitution. The terms "solicitation" and "prostitution" have the same meanings as defined under 647b
PC 314, Indecent Exposure
According to 314 PC, indecent exposure means willingly exposing your genitals or naked body publicly to other people who would be annoyed or offended by it. First-violations are generally considered a misdemeanor. A second or subsequent conviction is deemed a felony. Apart from fines and incarceration, a conviction for this crime also attracts the condition to comply with sex offender registration.
PC Section 647(a) Lewd Conduct
PC 647(a) defines lewd conduct as touching another person's or your own privates, female breasts, or backside publicly for sexual arousal or gratification when you are aware, or should have been aware, that other people were around who would feel offended. Violating this law is deemed a misdemeanor offense, and you are not required to register as a sex offender.
PC 653.22, Loitering Intending to Perpetrate Prostitution (Now Repealed)
Before July 2022, 653.22 PC made it an offense in California to loiter publicly intending to perpetrate prostitution. The authorities could arrest or cite you merely for being anywhere public, even if there were no offers to exchange sexual intercourse for money, or no sexual acts indeed occurred.
The consequences for violating 653.22 PC were similar to those of violating 647b PC. That is a jail sentence of up to six months and a fine not exceeding one thousand U.S. dollars.
Enforcing 653.22 PC unjustly targeted transgender people and people of color. As of July 2022, loitering with the intention to perpetrate prostitution is not an offense. Nevertheless, prostitution itself is still illegal.
Because loitering with the intention to perpetrate prostitution is not a crime anymore, if you have a prior 653.22 PC conviction on your criminal record, you can request that the court dismiss those charges and seal them from your record.
There Are Efforts to Make Prostitution Legal In California
Currently, there are efforts to make prostitution no longer a crime in California. The state Senate, for example, recently enacted Senate Bill (SB) 357 that repealed 653.22 PC, loitering intending to perpetrate prostitution.
The lawmakers are thinking about making prostitution legal to fight human trafficking better. The reasoning behind this is that legalizing prostitution would then mean pimps would no longer utilize fear of being arrested to keep victims of trafficking attached to perpetrating sexual activity.
Other states like Oregon and Maine are also considered making prostitution legal.
How the Enactment of SB 233 Protects Sex Workers in California
As of 2020, law enforcement officers cannot use your carrying of condoms to create probable cause and arrest you for prostitution, public nuisance, solicitation, or loitering.
Since the prosecution cannot use the carrying of condoms as evidence to form probable cause, it may reduce prostitution arrests. Additionally, you need not fear that having condoms on your person will be incriminating.
Also, SB 233 shields you from prosecution for particular low-level crimes whenever you report severe offenses to the authorities. Before, any sex worker who witnessed or was a victim of severe offenses might have avoided contacting law enforcement due to the fear that they would themselves face prosecution for:
- Soliciting or engaging in prostitution
- A misdemeanor narcotics violation
- Engaging in lewd conduct
- Maintaining or creating a public nuisance
Currently, you are safeguarded from being prosecuted for any of the above offenses whenever you report:
- Certain serious forms of assault, like assault using a dangerous weapon, assault by ways likely to generate significant bodily injury, and assault with a firearm
- Human trafficking
- stalking
- Sexual battery
- Extortion
- Domestic violence inflicting corporal injury
- A serious felony
This new statute allows you a significant motivation to report johns and pimps who might be abusing you or other people.
You Can Expunge Your Prostitution Conviction Record
You will have a criminal record if convicted of prostitution, which can have life-altering repercussions. For example, if people know that you have been to jail for prostitution, their interactions with you may change. Some convicts even lose their friends and family permanently due to the conviction.
A conviction may also lead to you losing your employment. You could also have difficulty finding a good job after you have served your sentence. Potential employers run background checks on possible employees. Should a prospective employer discover you possess a criminal background, you may lose a good employment opportunity, even when you possess the required qualifications.
That said, you want to consider expunging your criminal record for prostitution after you finish serving your sentence. If you were subject to a jail sentence, ensure you have successfully served it, paid all the fines, and completed all the other consequences imposed before petitioning for an expungement.
If the judge grants your expungement request, it will remove all the adverse effects and restrictions a criminal record brings. When anyone runs a criminal background check, an expunged record will not appear. Consequently, potential employers cannot turn down your job application contingent on your expunged criminal record.
Landlords can also not decline to lease or rent their apartment to you because they will not find a conviction on your criminal record after it is expunged. You should only disclose your criminal record after its expungement if you seek government employment. But if an employer asks about your expunged record, you can genuinely answer that you have never been convicted.
You will require legal help and guidance when seeking an expungement to increase your chances of a positive outcome. A knowledgeable criminal attorney knows when it is the right time to bring an expungement petition. Additionally, they will know what strategies to employ for a just outcome during an expungement proceeding. Your lawyer will fight for you and represent you in obtaining your expungement.
Find an Experienced Criminal Defense Attorney Near Me
Have you been charged with prostitution? Understanding different things like the specific charges you face, the legal process involved after your arrest, potential penalties, and how to defend yourself is beneficial. An experienced criminal defense lawyer can ensure a streamlined legal process and compelling defense strategy for your charges.
At California Criminal Lawyer Group, we boast a team of knowledgeable lawyers who help you navigate the intricate criminal process for your prostitution charges. We develop the strongest, most effective defenses to convince the court to dismiss or reduce our clients’ charges, and can do the same for you. Our lawyers are also available throughout the legal process to provide emotional and physical support throughout this challenging period. Contact us at 408-622-0204 to share your case details if you have been charged in San Jose, CA.
