Prostitution and solicitation charges can have a devastating impact on your personal and professional life. Being charged with violating California Penal Code Section 647(b) can result in significant social stigma, potential revocation of professional licenses, and jail time. These charges are serious and should be challenged with a solid defense.
If you find yourself facing these allegations, we are here to defend your rights, future, and reputation at Singh Law. Our skilled criminal defense attorney across Southern California will closely examine the evidence the prosecution has, uncover any police misconduct, and take a proactive approach in achieving a reduction or dismissal of your charges.
Understanding Prostitution/Solicitation Under California PC 647(b)
California has a set of statutes that outline the commercial sex charges. The prosecution’s case is required to prove the essential elements of the offense, which are an agreement, communication, and the exchange of value. The law distinguishes between these acts and provides for separate proceedings for each, which are strictly prosecuted.
Prostitution /Willfully Engaging in Commercial Sex Acts
Prostitution is sex or lasciviousness for hire. It occurs when someone consents to engage in a physical sexual act or lewd conduct with another person for money, goods, services, or other items of value.
California Criminal Jury Instructions (CALCRIM) No. 1153 and PC 647(b) require the prosecutor to establish that your actions were intentional. California PC 7(1) defines what it means to be willful: you did it on purpose, willingly, without being forced. It doesn’t have to mean you intended to break the law; it only means you intended to do the act.
According to the law, a lewd act is defined as the following:
- Any contact with another person’s genitals, female breasts, or buttocks with any part of your body
- Acting with the deliberate purpose of sexual excitement or gratification
- Exchanging money, drugs, or other valuable items for this physical interaction
You can be charged even if the transaction was a partial one. The law holds that the exchange of compensation for physical contact is sufficient to establish criminal liability. Your attorneys should determine whether the alleged physical touching falls within the parameters outlined in Pryor v. Municipal Court (1979) 25 Cal. 3d 238. If any part of this standard is fulfilled, the state will seek a conviction. You cannot face charges for a mere platonic, nonsexual physical contact.
Solicitation/Making the Offer or Request for Sex
Solicitation is the act of asking, inviting, or enticing another person to engage in a commercial sex act with you. For this charge to be successful, you must have been “actively intending” to engage in prostitution, pursuant to PC 647(b)(2) and CALCRIM No. 1154.
Talking about sex or expressing interest is not solicitation unless there is an offer of compensation. On the other hand, if you ask for a sexual act in return for money, the crime is complete as soon as you make your request. The other person doesn’t have to say yes, or even be a real prostitute.
In many local situations, you could be communicating with an undercover police officer pretending to be a sex worker. The prosecution will use these interactions to prove your intent under the evidentiary guidelines outlined in CALCRIM No. 1154.
Law enforcement officers can arrest a person for solicitation even if no physical contact occurs if the price for a specific sex act has been agreed upon during a conversation. Your lawyer should assess whether your statements were a clear, direct request or merely conversational. The specific intent requirement in People v. Hill (1980) 103 Cal. App. 3d 525 cannot be met with vague or ambiguous language. This standard allows a misdemeanor criminal charge to be based solely on your words.
Agreeing to Engage in Prostitution and Acts in Furtherance
There must be an agreement and an overt act to carry out the agreement for there to be an agreement to engage in prostitution. This legal standard is a reflection of solicitation, under PC 647(b)(2) and CALCRIM No. 1155. The prosecutor needs to prove that you actually wanted to do it and took a further step toward doing it to get a conviction under this theory.
The offense is not satisfied by a verbal acceptance; there is a requirement for an objective, physical act to be done to carry out the contract.
Common acceptable actions include the following:
- Taking money out of an automated teller machine (ATM) to pay for the sexual services
- Asking a customer or provider to undress after a verbal negotiation
- To drive to an agreed hotel, motel, or dwelling place to make the transaction
- Fulfilling the agreed payment to the person providing the services
The prosecution is required by California law to establish these acts in furtherance beyond a reasonable doubt. The charges should be dropped if they cannot prove this additional step.
If your attorney can prove that the police could not lawfully have arrested you without committing any physical action, then they could have the charges dismissed. There must be an overt act to secure a full conviction for a commercial offense.
The Consequences of Prostitution Offenses in California
The penalties for a conviction under PC 647(b) are serious. Punishments increase with the severity and number of prior convictions, the location of the crime, and the use of vehicles in the crime.
Misdemeanor Penalties for First-Time Offenders
A first conviction for PC 647(b) is treated as a misdemeanor pursuant to PC 19. You could be sentenced to up to 6 months in county jail and up to $1000 in fines if you are found guilty in court. A court can sentence you to misdemeanor probation in some instances instead of imprisonment.
Probation generally lasts from one to three years and comes with several conditions that must be adhered to. These can involve the following:
- Community service
- Manual work
- Paying fines and fees
- Steering clear of known red-light districts
If you cannot comply with these probation conditions, you may be in violation and could be required to complete the rest of your jail term.
Mandatory Minimum Jail Time For Prior/Repeat Offenses
Prostitution and solicitation are priorable offenses; therefore, penalties increase with each conviction. California PC 647(k) requires at least 45 days in jail if you are charged with a second violation of Penal Code 647(b).
According to PC 647(k), if you are convicted a third or later time, you must serve a minimum of 90 days in county jail. The law does not give the presiding judge any legal authority to waive these mandatory minimum jail sentences, and incarceration is a virtual certainty.
The increased penalties are meant to discourage re-offending in commercial sex transactions. When the prosecution tries to rely on a prior conviction to trigger these mandatory minimums, your defense lawyer must establish whether the plea was constitutionally valid.
These mandatory minimum jail sentences can have significant long-term consequences for health, emotions, and finances. These prior offenses may carry mandatory county jail time in California, and your defense attorney will need to dedicate significant time to contesting these charges or negotiating a resolution. You have a significant disruption to your family life.
Aggravating Factors and Vehicle Restrictions in Residential Zones
The penalties for violating PC 647(b) increase if you commit the offense while in a motor vehicle near a home. If you solicit or engage in commercial sex within 1,000 feet of an inhabited residential area while inside an automobile, pursuant to California Vehicle Code Section 13201.5(c), the court can impose the following:
- A 30-day suspension of your California driver’s license
- A suspended driver’s license for up to six months, rather than a complete suspension
- Local municipal vehicle asset forfeiture, authorized by VC 22659.5. The law allows local governments to permanently confiscate your personal vehicle.
The Vehicle Code sets forth the rules for driving with a restricted driver’s license, which includes only going to school, work, and court-ordered programs. This limitation may jeopardize your job if you are heavily reliant on driving. The residential area penalties are designed to deter the conduct of commercial sex in residential neighborhoods across California.
Collateral Impacts
In addition to jail time, a conviction for PC 647(b) comes with significant collateral consequences.
Under Section 212(a)(2)(D) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1182, convictions for commercial sex offenses are considered crimes involving moral turpitude. As a non-citizen, a conviction may result in mandatory deportation, denial of reentry, or permanent rejection of your naturalization application.
For healthcare practitioners, educators, attorneys, and licensed real estate professionals, a commercial sex conviction may result in suspension or permanent revocation of their credentials under California Business and Professions Code 480. State licensing boards take allegations of moral turpitude seriously to safeguard the public. This can cause irreparable harm to your reputation, career, and personal life.
It is essential to have legal representation well-versed in the law to avoid a formal conviction and to protect your career, reputation, livelihood, and even your immigration status in the US.
Defenses to Fight Solicitation and Prostitution Charges
Defending a prostitution or solicitation charge demands a strong legal defense that is meant to reveal flaws in the state’s case. There are several strong affirmative defenses an experienced defense lawyer can use to dispute the prosecution’s evidence. These tactics involve undermining police behavior and demonstrating no deliberate criminal purpose.
Undercover Sting Operations and Police Entrapment
Entrapment occurs when the police engage in excessive behavior to compel you to commit an offense that you would not otherwise have committed. This defense is frequently used in commercial sex sting operations in which the officers pretend they are prostitutes or potential clients.
You must prove the police crossed the line from providing an opportunity to using pressure, coercion, or harassment. The law clarifies that a simple opportunity is not entrapment, but overzealous behavior does violate your rights. Under CALCRIM No. 3408, police conduct is considered entrapment if they engage in any of the following:
- Flattering, coaxing, or badgering you repeatedly despite your initial refusal
- Appealing to your sympathy or invoking a compelling personal story to convince you
- Offering an extraordinary commercial advantage that is difficult for the average man to resist
- Providing assurances about legal and/or non-criminal aspects of the sexual activity
To successfully assert this defense under California’s court procedures, establish your claim by a preponderance of evidence.
Establishing a Lack of Willful Intent or Mistake of Fact
Solicitation is a specific intent crime, and the prosecution must prove you intended to engage in a commercial sex transaction. Failure to act with willful intent and/or a mistake of fact can be an effective and practical defense.
If you were not going to exchange sex for any money or anything of value, you are not guilty of the charges. For example, if you reached out to an online companion or escort service expecting companionship alone, the specific intent element is lacking.
Judicial precedent holds that the police cannot infer your intent from your location, provocative attire, or even a simple hand gesture. The prosecution cannot prove guilt when the statements made during the undercover sting are made as a joke or a dare or are completely misinterpreted. Your lawyer should show no subjective intent by emphasizing that you have a clean record and that there were no terms in the exchange that were of a commercial nature.
No Act in Furtherance of the Alleged Commercial Agreement
Under the ‘agreement’ theory of PC 647(b), the prosecution cannot convict you simply because you agreed to engage in prostitution. There must be an objective act in furtherance of the commercial transaction.
You will not be guilty of the offense if your conversation with an undercover officer or provider was only verbal or via online communication. Your defense attorney can prove that the verbal contract was never fulfilled because you did nothing physically to fulfill the contract.
If the driver does not drive to the prearranged hotel, pay the agreed cash, or take any other step, the legal elements of the crime are not met. This is a strong defense in digital sting operations, where arrest is based solely on floppy talking. If this legal deficiency is revealed, the entire charge will be dismissed.
Challenging Constitutional Violations And The Lack Of Evidence
Police vice investigations should always meet the strict constitutional standards. Any evidence law enforcement agents acquired is tainted if your Fourth Amendment rights against unlawful search and seizure were violated. This defense becomes applicable when officers lawfully obtain a personal cell phone or electronic communications without a valid warrant.
In addition, your defense attorney can question the credibility of the prosecution’s evidence. Under California evidentiary rules, if undercover decoy officers are not wired or they do not record your conversation, then their testimony is not reliably corroborated.
The prosecutor has the absolute burden to prove your guilt beyond a reasonable doubt in the criminal justice system. Without consistent witness testimony or unrecorded statements, there is not enough evidence to convict you. Any illegally obtained text messages should be suppressed per PC 1538.5 and often make the prosecution’s case more difficult.
Exploring Charge Reductions and Prostitution Diversion
Charging reduction and diversion may protect you from the harsh stigma of a sex crime if the evidence is significant. In California, there are alternatives to formal convictions for eligible defendants. These programs emphasize education and rehabilitation, rather than punishment.
Qualifying for Formal or Informal Prostitution Diversion Programs
Prostitution diversion programs enable eligible defendants to avoid a permanent criminal conviction. You may be eligible for a formal program or a PC 1001.95 (judicial diversion) program, depending on the jurisdiction. Informal diversion is desirable as it does not involve a plea. Rather, your case is suspended until you meet certain conditions, such as taking a one-day class, testing for HIV, and paying a court fee.
If successful, the prosecutor will drop all charges. This legal remedy lets you claim that you have not been convicted of a crime on job, education, and housing applications. However, for non-citizens, it is important to carefully review the immigration consequences of entering any plea with a defense attorney, since each plea will have serious immigration implications.
With an experienced lawyer, you can choose the safest route to take. An informal diversion will not result in a public criminal record being filed by third-party background check agencies before a formal arraignment. Your defense attorney can discuss these with you and negotiate them to prevent the destruction of your record from any serious criminal exposure. This is vital.
Negotiating Plea Bargains for Non-Sex Crimes
If you can’t immediately dismiss your PC 647(b) charges, a plea bargain is an excellent negotiation tactic. Your defense attorney may request that the prosecutor change your charges to a non-sex crime. A guilty plea to a lesser misdemeanor or infraction can help prevent a permanent stain on your personal and professional reputation. The most frequent reduced charges that are negotiated in these proceedings are:
- California PC 415 (Disturbing the peace)
- California PC 602 (Criminal Trespass)
- California PC 647(a) (Lewd conduct in public, under specific circumstances)
California plea bargaining allows people to plead to charges of disturbing the peace or trespassing, which do not carry the same social stigma as commercial sex convictions. These crimes are visible to potential employers during their standard criminal background check. Still, they will not have any sexual connotations, so you can proceed safely and without having to worry about any discrimination.
The Senate Bills 233 and 357 Protections for Sex Workers
California has undergone major changes in its policies on sex work and loitering in recent years. New legislation safeguards sex workers from discriminatory profiling and safeguards individuals when reporting serious crimes. Changes in the law have altered how law enforcement investigates and arrests crimes in local communities and across the state.
Condoms as Excluded Evidence and Probable Cause
California Senate Bill 233 (2019) (now codified as PC 647.3) completely changed the face of prostitution investigations by creating important protections. This law prevents the use of your own possession of condoms against you as evidence of probable cause for arrest on charges of prostitution, solicitation, or public nuisance.
Before this law, police officers would routinely rely on carrying condoms as direct evidence to arrest people for commercial sex in local cities. This eliminates the factor, thereby safeguarding public health by allowing people to carry condoms safely.
Also, the law provides immunity from certain minor misdemeanor drug and prostitution convictions when you witness or report a serious crime, including the following:
- Felony domestic violence (PC 273.5)
- Stalking (PC 646.9)
- Assault with a deadly weapon (PC 245(a)(1))
This protection enables people to come forward and report abuse without fear and without the need for criminal self-incrimination, all but removing the fear of criminal self-incrimination today.
The Decriminalization of Loitering to Prostitute
Another major change in California law is Senate Bill 357 (2022), which took effect on January 1, 2023. This bill formally repeals PC 653.22, which previously made it a misdemeanor to “loiter” in a public place with the intent to engage in prostitution.
The old law allowed peace officers to routinely profile and arrest people on nothing more than a subjective basis, whether it was their dress or where they were. This was removed in Senate Bill 357, which removed the profiling tool so that public presence would no longer be considered a crime.
While prostitution is still illegal, you can no longer be cited for loitering. In addition, if you already have convictions for PC 653.22, you can petition the court to seal and dismiss your convictions. This expungement process completely eradicates the stigma of past offenses.
Find a Sex Crimes Defense Attorney Near Me
The prosecution of a prostitution or solicitation charge will require a timely response and a strategic criminal defense. PC 647(b) convictions can impact your life for years, so it is important to establish your defense right away.
At Singh Law, we have the expertise to help our clients deal with these sensitive and complex sex crime allegations throughout Southern California. We are well-versed in every aspect of criminal defense and are here to defend you. Call us today at 714-328-6189 to schedule your free, confidential consultation and discuss your defense options.
