Prostitution and Solicitation Offenses in California

San Jose Prostitution Lawyer And Santa Clara Solicitation Offenses Attorney

California law enumerates a variety of prostitution-related crimes. The definition of prostitution includes any exchange of a sex act for money or anything else of value. In California, prostitution is punished as disorderly conduct, and the charge of prostitution applies equally to both prostitutes and their customers.

There are three ways to commit prostitution under California law:

• Engaging in the act of prostitution;
• Agreeing to engage in prostitution; or
• Soliciting prostitution.

1. Engaging in Prostitution

A person engages in prostitution when he or she:

• Exchanges a sexual act for something valuable; and
• Does so purposefully.

2. Soliciting Prostitution

Solicitation of a prostitute means:

• Convincing someone to engage in prostitution;
• With the intent to engage in an act of prostitution.

Usually, intent is shown by an act in furtherance of the prostitution, such as offering money or inviting the prostitute into one’s car.

3. Agreeing to Engage in Prostitution

The offense of agreeing to engage in prostitution requires:

• The specific intent to engage in prostitution;
• An acceptance of an offer to engage in prostitution; and
• Some other act, in addition to acceptance of the offer, in furtherance of prostitution.

Unlike prostitution or solicitation, agreeing to engage in prostitution requires a further act, such as inviting the other party into one’s car, or offering money. Though a conviction requires that the offender have the intent to engage in prostitution, it does not matter whether the other party had the intent to engage. This allows police officers to pose as prostitutes or customers in order to try to get offenders to agree to engage, so that they can be charged.

Consequences

These prostitution offenses are misdemeanors, punishable by any combination of:

• Imprisonment of up to six months; and
• A fine of up to $1,000.

If the prostitution charge is not a first offense, sentence enhancements apply. A second prostitution offense means a minimum of 45 days in jail, while a third offense means a minimum of 90 days in jail. Fines will also likely increase.

If the offender commits the prostitution offense while using a car and within 1,000 feet of a home, the court may suspend his or her license for up to 30 days. Alternatively, the court may issue a restricted license, which allows the offender to drive to work or school, for up to six months.

Defenses

A key defense to prostitution charges is entrapment. To succeed in an entrapment defense, a defendant must show that a police officer’s actions, such as pressuring, threatening, or harassing the defendant, induced the defendant to commit the crime, though in normal circumstances, he or she would not have done so. Other defenses include lack of evidence and mistake. Mistake means that the defendant did not intend a sex act, for example, if the defendant hired a call girl for a date, without sexual activity.

Prostitution offenses can have serious consequences, but an experienced attorney can help you to craft your best possible defense. Call (408) 277-0377 or contact us online to schedule your appointment with San Jose criminal defense attorney Wesley J. Schroeder today.