The World’s Oldest Profession in California Law

Under California law, particularly Penal Code 647(b), the crime of prostitution is committed when an individual engages in sexual intercourse of any other lewd conduct with another in exchange for money or some other consideration. A “lewd act” involves the touching of the genitalia, buttocks or breasts of either person by another with the specific intent to arouse or gratify another sexually.

There are three ways that the law is violated. These are as follows:

• Engaging in sexual intercourse with another for money or some other consideration;
• Soliciting another person to engage in the act of prostitution;
• Agreeing to engage in an act of prostitution

There are many factors involved in the above acts that are considered as violations of the law on prostitution. These crimes though are considered as misdemeanor offenses with penalties applicable are six months imprisonment and/or up to $1,000 in fines.

The peculiarity though of prostitution violations is it is considered as a “priorable” offense. This means that the penalties imposable increase as the number of offenses committed increases. An example would be for a second prostitution or solicitation offense, then the imposable penalty can be for a minimum of forty five days while a third offense can mete out a minimum of ninety (90) days incarceration.

Over and above these penalties, there are facts that would increase the gravity of the penalties. These include committing the crime while using a car or within one thousand feet of a residence. When these facts are present, the accessory penalties imposable include suspension of driving privileges for thirty (30) days and after such suspension, only a restricted license can be issued for your driving privileges.

Another accessory penalty for this crime, if the crime were committed in your vehicle, would be the seizure and forfeiture of the car. Also imposable, as a matter of discretion by the judge would be registration of the individual as a sex offender. Under the California Penal Code 290 PC, the judge can order such registration though it has not been done as of late.

There are many defenses available to fight Prostitution or Solicitation charges. This needs to be done as there is a stigma carried if one is convicted of such a crime that casts a shadow on one’s reputation, career and personal life. The following are two of the common ways to reduce the charges:

• Downgrading the crime to “disturbing the peace” under Penal Code 415 PC;
• Downgrading the crime to “Trespass” under Penal Code 602.

As for defenses, the most common ones are as follows:

• Claim entrapment by the authorities during sting operations;
• Claim lack of evidence or insufficiency of evidence that the crime has been committed;
• Claim that there was a mistake as to the intent;

In order to be amply protected on your rights when facing Prostitution or Solicitation charges, do reach out to the lawyers at Ramiro Luis Law Firm. The lawyers of the firm can provide you advice as well as guidance when facing the charges made against you.