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1. Legal Definition of Solicitation & Prostitution.
1.1. Engaging in an act of prostitution.
1.2. Soliciting prostitution.
1.3. Agreeing to engage in an act of prostitution.
2. What are the Penalties for Prostitution.
2.1. Misdemeanor penalties.
2.2. Registration as a sex offender under California Penal Code.
3. Legal Defenses Against a Penal Code 647(b) PC Prostitution or Solicitation Charge.
4. History of California Penal Code 647(b) PC: Prostitution and Solicitation for Prostitution.
5.1. California Penal Code sections 266h and 266i pimping and pandering.
5.2. Penal Code 647(a) PC lewd conduct in public.
5.3. Penal Code 653.23 PC supervising or aiding.
5.4. Penal Code 653.22 PC loitering to.
5.5. Penal Code 314 PC California indecent.
5.6. California Penal Code 261 PC rape.
If, after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.
1. Legal Definition of Prostitution in California under Penal Code 647(b) PC.
There are three basic ways to violate California prostitution law under Penal Code 647(b) PC. Which specific prostitution offense prosecutors have charged you with will determine what facts (otherwise known as “elements of the crime”) the prosecution must prove.
The legal definitions of the crimes of prostitution and solicitation focus on these elements.
1.1. Engaging in an act of prostitution.
For you to be guilty of engaging in an act of prostitution, the following must be true:
you engaged in an act of prostitution, and you did so willfully. 7.
“Prostitution” means engaging in sexual intercourse or any lewd act with another person in exchange for money or other consideration. 8.
A “lewd” act is defined as any act that involves touching the genitals, buttocks, or female breast of another person with the specific intent to arouse or gratify someone sexually. 9.
“Willfully” means deliberately or on purpose. It does not require an intent to break the law. 10.
1.2. Soliciting prostitution.
The legal definition of soliciting prostitution is:
that you solicited another person to engage in an act of prostitution, and that you did so with the specific intent to engage in an act of prostitution. 11.
Depending on the nature of the exchange. and on who initiated the interaction. prosecutors could charge this offense against the prostitute or the customer (or “john”). 12.
“Soliciting” means to lure, or to try to induce or elicit. 13.
And, in order to be guilty of soliciting, you have to have had the specific intent to engage in an act of prostitution. This intent is typically evidenced by an offer to pay money or other compensation (typically drugs) in exchange for sexual acts 14 . not by a simple unspoken gesture or appearance.
Simply soliciting another person, without that specific intent, is insufficient to uphold a Penal Code 647(b) PC solicitation for prostitution case. The California Court of Appeals has noted that if it were sufficient, simply.
being present in a particular place (for example, being in a known area of prostitution), waving to a passing vehicle, nodding to a stranger, or even standing on a street corner in a miniskirt could give rise to this charge. 15 Example : Katrina is a police officer participating in an undercover prostitution sting operation. Katrina puts on provocative clothing and stands on a street corner where prostitutes are known to gather.
It should be noted that one court has even gone so far as to require a third element of the legal definition of solicitation- that the individual being solicited must actually receive the solicitation. 16.
As a result, under this approach if you can prove that no one actually received your offer to pay for sexual services. perhaps the prostitute didn’t hear you or a pimp didn’t convey the offer. you are not guilty of this charge.
In that case, prosecutors could elect to charge you with attempted solicitation. subjecting you to three months in jail and a $500 fine (which is half the maximum amount of jail time and half the maximum fine that are imposed in connection with Penal Code 647(b) PC charges). 17 (Penalties for prostitution offenses are discussed in more detail in Section 3 (What are the Penalties for Prostitution in California?), below.)
Example : Take Frank in our earlier example. Let’s say that he stops his car across the street from where Katrina is standing, pulls out cash and waves it in her direction, and shouts his offer to pay her for sex from across the street. But at this moment Katrina is distracted by what looks to her like a violent fight starting between two people down the street. she doesn’t notice Frank or hear his offer.
1.3. Agreeing to engage in an act of prostitution.
For you to be guilty of agreeing to engage in an act of prostitution, the prosecutor must be able to prove that:
you agreed to engage in an act of prostitution with another person, you did so with the specific intent of engaging in an act of prostitution, and in addition to the agreement, you performed an act in furtherance of prostitution. 18.
This offense is the mirror image of soliciting prostitution. The person who makes an offer or proposal to engage in a prostitution transaction will be charged with soliciting . but the person who accepts the offer or proposal will be charged with agreeing to engage in prostitution.

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