Being charged with prostitution under California Penal Code 647(b) is a serious criminal and personal matter. Undercover sting operations are a common practice in Los Angeles, resulting in arrests for solicitation and prostitution. It is crucial to comprehend the nature of these charges before you can defend your rights. Under California law, it is illegal not only to engage in sexual acts in exchange for payment but also to solicit or agree to engage in sexual acts for payment.
In many cases, however, prosecutors should establish specific elements of the law. These cases have also been impacted by recent changes, including SB 357, which repealed the state’s loitering law. Understanding the law and your defense options can help you achieve the best outcome in your case. Before responding to a California prostitution charge, it is crucial to understand the facts prosecutors rely on and the defenses that may challenge those allegations. You also want to learn about the legal changes that could work in your favor.
Understanding the Three Pillars of Penal Code 647(b)
California prostitution laws prohibit three distinct types of conduct related to the commercial sex industry. Understanding these prohibited acts is essential to recognizing how prostitution offenses are charged under state law. Specific proof of intent and action is required for each type. To obtain a conviction, prosecutors should prove that your actions were in one of these categories.
California law distinguishes between engaging in prostitution, soliciting prostitution, and agreeing to engage in prostitution. Although these offenses may carry similar penalties, each has different legal elements. As a result, the District Attorney should present different types of evidence depending on the specific offense being charged.
Defining “Lewd Acts” in a Commercial Context
The legal definition of a lewd act is a key element in numerous prosecutions where full sexual intercourse did not take place. Under California law, a lewd act generally involves touching the genitals, buttocks, or breasts of another person for sexual arousal or sexual gratification of either person.
In a prostitution case, you had to engage in this touching for monetary or other valuable consideration. The law does not require the touching to be on bare skin; touching through clothing is sufficient if there is a commercial intent.
The “Willful” Standard
You are guilty if you did the act knowingly and with the intention to engage in prostitution. If you engaged in sexual activity and did not know that any money or compensation was involved, you don’t have the criminal intent.
Prosecutors often rely on evidence such as recorded conversations or the exchange of money to establish that the conduct was intentional and involved a commercial transaction. A possible defense is to show that there was no agreement to exchange money or anything of value for sexual acts and that the encounter, if it occurred, was consensual and not commercial in nature.
Understanding Solicitation
Solicitation charges may be filed in Los Angeles when a person requests or encourages someone else to engage in an act of prostitution with the intent to carry it out. Under California law, solicitation occurs when the request is communicated to another person with the intent to engage in the proposed act.
There is no requirement to take any physical step or exchange money for this charge to be applicable. For example, in a sting operation, if an undercover officer tells you that they will accept your payment for sexual activity after you tell them to engage in prostitution, the act is legally completed even if it does not actually happen.
The “Overt Act” Requirement for Agreement Charges
The prosecution has a higher burden of proof in cases involving an agreement to engage in prostitution than in simple solicitation cases. A verbal agreement alone is generally not enough to support a conviction under California Penal Code Section 647(b). Prosecutors should also prove that one of the parties took an act in furtherance of the agreement, demonstrating an intent to complete the transaction.
Withdrawing Cash or Driving to a Location
Once a verbal agreement has been reached, subsequent actions may constitute evidence of PC 647(b). If you drive to a prearranged hotel or withdraw a certain amount of cash from an ATM, these are obvious acts to commit the crime.
These actions demonstrate that the parties moved beyond mere discussion and took steps to carry out the alleged agreement. Your defense attorney will determine whether these were actually in furtherance of the prostitution act or if a completely legal and unrelated reason could justify them.
One of the most compelling pieces of evidence in a prostitution sting is the actual exchange of money or property. If, after discussing sexual services with an undercover officer or sex worker, you give them cash, you have made an overt act. This action may demonstrate an intent to carry out the alleged agreement. Prosecutors use body-worn cameras or hidden audio recording devices to capture the moment of payment, which is often the “smoking gun” they need to secure a misdemeanor conviction at trial.
Instructing Another Person to Remove Their Clothing
In many undercover operations, the overt act occurs in a private room where the parties have met. The court considers it a very serious step towards the commission of a prostitution crime if you tell the other person to take off their clothes or to take off your clothes because you are expecting them to do a commercial sexual act.
This conduct goes beyond mere conversation and may be considered an act in furtherance of the alleged agreement under California law. When challenging these allegations, you should carefully review the police reports to determine whether law enforcement officers used aggressive tactics, coercion, or improper encouragement to prompt the conduct.
Recent Legislative Changes Under SB 357 and SB 233
In recent years, California's prostitution laws and enforcement practices have changed significantly. California sex worker rights have been expanded with legislation aimed at minimizing profiling and enhancing safety for sex workers in vulnerable situations. These laws have narrowed the scope of evidence that the police can use to justify an arrest.
The Repeal of PC 653.22 (Loitering with Intent)
SB 357, also referred to as the Safer Streets for All Act, eliminated the practice of arresting people for merely standing in a public area where prostitution was known to occur. Previously, if police thought you were trying to solicit, you could be ticketed for wearing certain clothes or waving at cars that passed by.
California no longer has a loitering with intent crime. The change prohibits the police from stopping you based on a subjective impression of your appearance or whereabouts and conducting a prostitution-related search based on that impression.
Immunity for Reporting Serious Crimes (SB 233)
Senate Bill 233 offers essential safeguards for people who are victims of serious offenses or witnesses to serious offenses while engaged in sex work. This law prohibits prosecution for prostitution or lewd conduct when evidence was found as a result of reporting a crime like assault, human trafficking, or domestic violence.
This legislative change promotes safety by making it so that reporting a predatory client or an abusive situation will not result in your arrest. It focuses on the prosecution of violent crimes rather than on low-level misdemeanor prostitution offenses.
Condoms are no Longer Likely to be a Cause of Arrest
The most crucial modification in SB 233 is that condoms will no longer be accepted as proof of prostitution. In the past, law enforcement officers used the possession of multiple condoms to establish probable cause for a solicitation or prostitution arrest. This practice was criticized for interfering with public health and unsafe behavior.
Today, the possession of condoms is not evidence of criminal intent or a right to search. This change helps separate public health measures from criminal investigations.
Penalties and Long-Term Consequences
Convictions for prostitution-related offenses have consequences that go beyond just a fine. Although it is a misdemeanor, the judicial system has set mandatory minimum sentences for repeat offenders of Penal Code 647(b). These effects can affect your personal life, your career, and your ability to keep your driver’s license.
Mandatory Minimums for Repeat Offenses
Each conviction for prostitution raises the severity of the subsequent jail time in California. The first offense can carry a sentence of up to 6 months in jail, though many defendants are granted probation. If you are convicted of a second offense, however, the law requires a minimum jail sentence of 45 days.
A third conviction carries a mandatory minimum jail sentence of 90 days. Because judges have little discretion to reduce these minimum penalties, it is critical to present a strong defense whenever possible to avoid a conviction.
Driver’s License Suspension in Vehicle-Related Cases
In addition to the administrative penalties you will be subjected to if the alleged prostitution act took place in a motor vehicle and was within one thousand feet of a private residence. The court can revoke your driving license for up to 30 days. Being unable to drive is a major problem for many people in Los Angeles because it can lead to financial difficulties, including job loss. Your lawyer can contest this suspension by challenging the exact spot of the arrest or the function of the vehicle in the crime.
Sex Offender Registration (PC 290)
There is a general concern that if someone is convicted of prostitution, they will be registered for a lifetime. Registration as a sex offender is usually not required for a typical Penal Code 647(b) violation of consenting adults. But it is a different story when it comes to a minor or when there are other aggravating circumstances.
If you are found guilty of soliciting a minor to engage in prostitution, you will most likely have to register as a sex offender for at least a decade. It is crucial to know these differences to evaluate the long-term effects of your case.
Legal Defenses Against Prostitution Accusations
A prostitution charge is a complex case involving police procedure and the constitutional boundaries of undercover operations. A good criminal defense for prostitution will examine all the details of the arrest to identify weaknesses in the prosecution's case. There are a few common defenses that can help reduce or drop the charges against you.
You were a Victim of Police Entrapment in an Undercover Sting
An entrapment defense is available if police officers tricked you into committing a crime that you would not have otherwise committed. If the undercover officer used excessive pressure, made extraordinary promises, or badgered you into agreeing to a sexual act, the court may drop the charges. The focus of entrapment is the actions of the police, not you. The officer’s conduct should have led a law-abiding citizen to commit the crime and succeed.
You did not Have Commercial Intent
Your criminal defense lawyer can challenge the charges by claiming a “mistake of fact” about the nature of the encounter. For example, if you thought you were in a relationship with the other person and engaging in consensual sexual activity, and not for any monetary reason, you did not have the intent to commit prostitution.
This defense is sometimes applicable if the compensation amount was not actually specified or was misunderstood. The prosecution should establish a “quid pro quo” agreement, an exchange of money or goods, or a clear agreement for sex in exchange for money or goods, to meet the legal definition of prostitution.
No Evidence of an “Overt Act”
To secure a conviction for an agreement to engage in prostitution, the prosecution should prove that an overt act occurred after the verbal agreement. The overt act should demonstrate that you took a step toward carrying out the agreement. The defense may challenge this evidence by arguing that the alleged overt act was ambiguous, unrelated to the agreement, or insufficient to establish that either party intended to carry out the offense.
As an example, if you drove to a place to meet for a genuine appointment or to receive cash to pay a bill, those acts do not necessarily constitute an intention to engage in prostitution. If the prosecution does not have enough evidence to prove prostitution, the jury may find the defendant not guilty.
How to Clear Your Record under PC 1203.4
If you have been previously convicted of a prostitution-related crime, you should file a petition to expunge your conviction in court. Under Penal Code 1203.4, you can ask the judge to set aside your conviction and dismiss the case after you have completed the terms of your probation. This process offers significant relief because most private employers will not know you were convicted of a prostitution crime.
A criminal record seal can be a great way to clear your professional reputation and overcome the social stigma of sex-related charges. You only need to ensure that all fines are paid and all court orders are complied with to improve the chances of success.
Find a Criminal Defense Lawyer Near Me
A conviction for prostitution or solicitation can result in a permanent criminal record that may affect future employment, housing, and other opportunities. Repeat convictions may also carry mandatory jail sentences under California law. Being charged, however, does not mean you will be convicted. A strong defense can question the evidence presented by the prosecution. Your criminal defense lawyer can challenge the legality of the undercover sting operations and also whether the prosecution has proven all the required elements of the case.
At the Law Office of Sara L. Caplan, we have a long history of litigating cases in the Los Angeles court system. Our criminal defense lawyers offer discreet, strategic, and aggressive representation tailored to each client's situation. Taking prompt legal action can help protect your rights and strengthen your defense before critical evidence is lost. If you or someone you know is charged with prostitution or solicitation, we are here to help. Contact us today at 310-550-5877 to schedule a consultation.
