California Prostitution and Solicitation Attorney – Penal Code 647(b) PC
How To Fight A Charge Of Solicitation Or Prostitution
If you were charged with solicitation or prostitution in California, you should speak to a criminal defense attorney. You need to know your legal rights, including how you could successfully defend against a conviction. My Rights Law has substantial experience helping people accused of sex crimes, including serious felonies. We will be there for you. To learn more, get in touch with a Abogado de delitos sexuales de California at My Rights Law for a free confidential consultation by calling (888) 702-8882 o déjenos un mensaje en nuestro formulario web seguro.
Today, music glamorizes exchanging sexual favors for money. Dozens of female rappers encourage listeners to take payment for engaging in sexual intercourse with others. In general, there’s a nationwide trend to replace the word prostitute with sex worker as the destigmatization of sex work grows in popularity. But don’t be fooled. Exchanging money for sex is a crime. An officer can arrest you and charge you with this misdemeanor crime if you take the advice of chart-topping songs.
Whether states should legalize prostitución is a matter of public debate, but it’s also something California lawmakers have considered. In 2019, former Governor Brown passed a bill that offers some protection and immunity to prostitutes.[1] This law stated that a prostitute might avoid prosecution if they report a crime that the person only knows about because they were engaging in sex work. For example, suppose a prostitute is loitering, waiting for a potential customer. While waiting, a drug deal goes down nearby. The drug deal ends in robbery and felony murder. The sex worker is the only witness.
But this is not the only law that has offered some degree of protection to prostitutes. Also, in 2018, former Governor Brown passed a bill that would allow survivors of human trafficking (i.e., prostitutes) to get their arrests and convictions dismissed, reduced, or expunged if they were for non-violent offenses[2]. The year before, California acknowledged that minors couldn’t consent to sex work[3], and so our state vowed to stop arresting and prosecuting them for this crime. Despite the Golden State’s progress, you should be concerned if an officer charges you with this crime.
Elements Of Prostitution
Whenever you’re accused of committing prostitution, it is advisable that you learn its elements. If one element is missing, either the prosecutor must reduce the charge to a lesser offense or dismiss this prostitution case. But what if your case goes to trial? The state must prove that each element occurred for a jury to find you guilty. In this instance, your prostitution attorney creates a reasonable doubt that the state has failed to check off each element’s box. Thus, the jury should find you not guilty.
We’ve discussed California’s political leanings as it pertains to prostitution. Now, let’s discuss how the law defines prostitution. For the state to successfully charge you with prostitution, a prosecutor must show that:
- Usted solicitó, aceptó o participó en trabajo sexual.
- Cometió este acto para recibir una compensación, dinero o algo de valor.
- Tenía la intención específica de tener relaciones sexuales para recibir una compensación, dinero o algo de valor.
Como sugiere la ley, el presunto cliente no tiene que darle dinero en efectivo para que el estado presente este caso en su contra. En cambio, el presunto cliente puede darte su colección de figuras de anime a cambio de tener relaciones sexuales, y el estado aún puede cobrarte porque las figuras son algo de valor. El supuesto cliente puede regalarle un bolso de diseño, pero sigue siendo algo de valor y compensación. Por supuesto, las cosas cambian dependiendo de si usted se dedicó al trabajo sexual con el fin de recibir una compensación o simplemente porque quería tener relaciones sexuales, y la persona le ofreció algo de valor como un gesto amable.
Penalties For Prostitution
Prostitution is a misdemeanor offense[4]. If you’re a first-time offender, a judge may sentence you to up to six months and jail and order you to pay a fine of up to $1000. But the penalties increase if you are a repeat offender[5]. If you’re a second-time offender, a judge may sentence you to a minimum of 45 days in jail. If the state accuses you of being a third-time offender, a judge may sentence you to a minimum of 90 days in jail, with an additional 90-day minimum for each subsequent conviction.
A judge might tack on additional penalties, such as suspending your driver’s license for 30 days if you were in a car and 1000 feet from a residence at the time of the alleged crime. In addition to your criminal record, this suspension will severely hinder your chances of gainful employment.
This aside, another impact on your life from a prostitution conviction is the embarrassment you may feel. Word can spread. Every time you attend a PTA meeting, you may suffer paranoia and fear that other parents are whispering about you. Pictures of your mugshot may appear on websites. A vindictive coworker may print them out and share them around your office.
Make no mistake. Potential customers have victimized prostitutes with sexual assault and rape. Once this reputation spreads, especially now that it’s public record that a judge or jury has found you guilty of this offense, you can expect sexual harassment from strangers, possibly coworkers, and solicitors. This is just one of many reasons why you should consult with experienced California prostitution defense attorneys immediately. Call (888) 702-8882 or contact us online for a free consultation now.
Defenses To A Prostitution Charge
No matter the crime, there are viable defenses to it. But it’s always best practice to inform your attorney of your case’s nature instead of trying to resolve it on your own. For now, consider these defenses your attorney may use.
No Payment
It’s not illegal to engage in consensual sex with adults. Therefore, you may argue that having consensual sex was all you did. No one paid you. No one compensated you. No one exchanged anything of value in return for sex. The state can’t prosecute you for having a one-night-stand either, and carrying condoms while you’re walking around isn’t evidence of a crime.
Payment For A Non-Sexual Purpose
Suppose you and your partner decided to get romantic in your car. Afterward, your partner remembers that you’d asked for money to pay your vet bill, so they hand you some cash. Sirens go off, and an officer arrests them. Under these circumstances, you could argue that there’s a misunderstanding. Yes, you had sex, and, yes, the person you had sex with gave you money, but your intent was not to receive money from engaging in sexual intercourse. Evidence that you and this person are in a relationship and have no solicitation history would help your defense.
No Sexual Intercourse Occurred
Another viable defense is to argue that you and the alleged customer never engaged in sexual intercourse. It won’t help you to say something like, “I performed this sexual act, but I didn’t perform that sexual act.” Bear in mind that vaginal or anal penetration is not the only form of sexual intercourse that the law considers. Oral sex is sexual intercourse. The ley may consider any sexual conduct grounds for a prostitution charge because California does not specify particular sexual acts. This means it’s in your best interest to deny any form of sexual conduct.
Falsa acusación
It can be a shock that someone would lie about you being a prostitute. However, this happens. Suppose that you and a friend have a falling out. This friend may become so angry that she accuses you of being a prostitute. This rumor can become far worse than passive, spiteful talk when the police come to arrest you. If this scenario sounds outlandish, it is rather plausible. This scenario has happened many times in different states where an ex-friend or ex-partner puts someone on an illicit hookup site.
A false accusation can put you in a state of emotional turmoil, even depression. This is because society can be quick to believe a lie. Society is less likely to believe that someone will lie on you just for payback. Yet, once you’re found not guilty, your good name and reputation are cleared. If someone falsely accuses you of having sex for cash, don’t lose hope that this is a viable defense.
Atrapamiento
La trampa ocurre cuando un agente lo incita a hacer algo ilegal que usted no habría hecho por su cuenta. Debe demostrar que el oficial hizo más que sugerirle que recurra al proxenetismo para beneficiarse de esta defensa. También debe demostrar que el oficial hizo más que simplemente darle la oportunidad de ser proxeneta. La persuasión del oficial debe haber sido tan abrumadora que usted se sintió atrapado en violar la ley para que esta defensa estuviera disponible.
Hay varios escenarios sobre por qué y cómo podría ocurrir esto. Por ejemplo, es posible que los agentes necesiten cubrir sus huellas o que un verdadero proxeneta les esté pagando. La trampa puede incluso surgir de la venganza. Cualquiera sea el motivo, puede estar seguro de que nuestros insuperables abogados defensores penales lo ayudarán.
California Prostitution Criminal Defense Attorney
If you have been charged with prostitution in California, then consult with a criminal defense attorney. These professionals can help you become fully aware of your legal rights and how you could avoid a conviction. My Rights Law is experienced in helping people resolve prostitution and solicitation charges, including misdemeanors and serious felonies. For more information, contact a criminal defense lawyer at My Rights Law for a free consultation by calling (888) 702-8882 o a través de nuestro formulario seguro.
Otros delitos sexuales que defendemos: Proxenetismo
NOTAS A PIE
[1] Senate Bill No. 233
[2] California Courts – Relief for Human Trafficking
[3] Senate Bill No. 1322
[4] California Penal Code 647(b)
[5] California Penal Code 647 (k) and (l)