Soliciting prostitution in California is a criminal offense that can carry serious consequences, including fines, probation, and jail time. Whether you’ve been arrested for attempting to solicit prostitution or are just trying to understand the legal landscape, it’s essential to be aware of how California law treats this offense. In this blog, we will break down the law surrounding soliciting prostitution in California, the potential penalties for a conviction, and the possible legal defenses available to those facing these charges.
What is Soliciting Prostitution in California?
In California, soliciting prostitution is defined under California Penal Code Section 647(b), which makes it illegal to solicit, request, or offer to engage in sexual acts for money or other compensation. Simply put, if you try to hire someone for sexual services or offer to provide sexual services for money, you could be charged with solicitation.
California law does not only target individuals engaging in prostitution as “sellers” but also criminalizes those who are looking to buy sexual services. The law applies to both individuals seeking sexual services and individuals offering services in exchange for money, making it a crime of mutual engagement.
To be clear, solicitation does not require the sexual act to take place; simply the request or offer for such an act is enough for law enforcement to press charges.
Elements of the Crime: What Must be Proven?
For an individual to be convicted of soliciting prostitution in California, several elements of the crime must be proven beyond a reasonable doubt. The prosecutor must demonstrate that:
- You solicited or requested someone to engage in sexual acts.
- The sexual acts were offered in exchange for money or other compensation.
- You had the intent to engage in prostitution or persuade someone else to do so.
These elements make it clear that intent is a critical factor in any case of soliciting prostitution. If the prosecutor cannot establish intent, then they may struggle to prove their case.
Penalties for Soliciting Prostitution in California
The penalties for soliciting prostitution in California can vary based on several factors, including whether the offense is a first-time charge or if there are aggravating circumstances.
1. Misdemeanor Charges
For most first-time offenders, soliciting prostitution is charged as a misdemeanor under California Penal Code Section 647(b). A misdemeanor conviction for soliciting prostitution can result in the following penalties:
- Jail time: Up to 6 months in county jail.
- Fines: You may be ordered to pay a fine of up to $1,000.
- Probation: Instead of jail time, the court may grant probation, which typically involves following certain conditions like attending counseling or completing community service.
While the penalties may not seem severe for a first offense, a conviction can still affect your criminal record and impact your future, particularly if you are a repeat offender.
2. Aggravating Factors and Repeat Offenses
If you have a prior conviction for soliciting prostitution or if other aggravating factors exist, the charges could be escalated. Aggravating circumstances could include:
- Being arrested in a prostitution sting operation or undercover police action.
- Soliciting in or near sensitive areas, such as near schools or residential neighborhoods.
- Engaging minors in the act or attempting to solicit minors.
Repeat offenses of soliciting prostitution can result in more severe penalties, such as higher fines, longer jail sentences, and mandatory counseling. In some cases, if you’ve been convicted multiple times, you may face felony charges.
Legal Defenses Against Soliciting Prostitution Charges
If you have been charged with soliciting prostitution, there are several potential defenses that a skilled criminal defense attorney may raise to reduce or dismiss the charges. Some of the most common defenses include:
1. Lack of Intent
One of the most important elements of a soliciting prostitution charge is intent. The prosecution must prove that you had the intent to engage in prostitution. If you can show that your actions or words were misinterpreted, or if there was no intent to solicit sexual services, your attorney may argue that you should not be convicted.
For example, if there was a misunderstanding or if you were simply having a conversation with someone and were not actively attempting to solicit sexual services, this could serve as a viable defense.
2. Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime that they otherwise would not have committed. If you were persuaded by an undercover officer or another law enforcement agent to solicit prostitution, your attorney could argue that you were entrapped into committing the offense. This is a difficult defense to prove, but in some cases, it can lead to the dismissal of charges.
3. False Allegations
False accusations of soliciting prostitution can arise from misunderstandings or personal vendettas. If the alleged prostitute or a third party has fabricated the claims, your attorney could challenge the evidence by showing that the allegations are not credible.
4. Lack of Agreement or Offer
For you to be convicted of solicitation, there must be an actual offer or agreement to exchange sexual services for money or compensation. If there was no clear offer or agreement, the charges against you may be weakened or dismissed. In many cases, people may be arrested during police sting operations, but the prosecution may fail to prove an actual offer or agreement took place.
Related Offenses and Consequences
In addition to soliciting prostitution itself, California law addresses several related offenses that could result in additional charges. These can include:
1. Prostitution (California Penal Code Section 647(b))
Prostitution is a separate offense from soliciting prostitution. If you are caught offering or agreeing to engage in sexual acts for money, you could be charged with prostitution rather than solicitation. The penalties for prostitution in California are similar to those for solicitation, though the consequences could be more severe if the offense involves repeat violations or additional criminal activity.
2. Soliciting a Minor for Prostitution (California Penal Code Section 288.3)
If the person you are soliciting is a minor, you could face much more severe criminal charges. Soliciting a minor for prostitution is a felony offense, and those convicted of this crime may face long prison sentences and be required to register as a sex offender. This is a highly serious charge, and the penalties can be much more severe than for soliciting an adult.
Impact of a Solicitation Conviction on Your Life
A soliciting prostitution conviction can have serious consequences that go beyond jail time and fines. It can affect your reputation, your relationships, and your ability to find employment. A conviction may result in:
- A criminal record: A conviction will remain on your record, which can affect future job prospects and your standing in the community.
- Loss of professional licenses: Certain professions, such as healthcare, law, or finance, require a clean record. A conviction could jeopardize your professional career.
- Social stigma: The social stigma of being convicted of solicitation can impact your personal and professional relationships.
Contact Us For Help
Soliciting prostitution in California is a criminal offense that can result in significant legal consequences. Whether you are facing charges for soliciting prostitution for the first time or you have prior offenses, it’s crucial to understand the charges against you and the defenses available. If you or someone you know is facing charges related to soliciting prostitution, it is important to seek experienced legal representation.
At our law firm, we specialize in criminal defense cases and are dedicated to helping our clients navigate the legal system. Contact us today at 714-328-6189 to schedule a consultation, and let us help you protect your rights and future.
