California Penal Code § 315 PC – Keeping or Residing in a House of Prostitution
Under California Penal Code 315 PC , it is a misdemeanor to keep, manage, or willfully reside in what the law calls a “house of ill-fame” — essentially, any location used for prostitution or habitual lewd acts.
This statute is aimed at both:
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Operators and managers of brothels or properties where prostitution takes place, and
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Individuals who knowingly live in those locations, even if they are not directly involved in the sex work itself.
Importantly, “common repute” can be used as evidence in these cases. That means prosecutors may rely on a property’s general reputation in the community, its history of arrests, or the known activities of its occupants to prove it was being used as a house of prostitution.
Because of these broad standards, PC 315 charges can be filed against landlords, tenants, and even individuals simply residing at the property if the prosecution claims they knew about the illegal activity.
What California Penal Code 315 PC Prohibits
The statute makes it a crime to be involved with a property that is used for prostitution in either of two ways:
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Keeping or managing a house of prostitution.
This applies to anyone who owns, operates, manages, or controls a location where prostitution or lewd acts are habitually carried out. Liability can extend to landlords or property managers who knowingly rent or allow their property to be used for these purposes. The law defines “house” broadly, covering not only private residences but also motels, apartments, massage parlors, and adult clubs. -
Willfully residing in a house of prostitution.
It is also a violation to live in a property used for prostitution with knowledge of that fact. A person does not need to personally engage in or profit from prostitution to be charged under this section. Simply residing there while aware of the illegal activity can be enough for prosecution.
Key Elements of Keeping or Residing in a House of Prostitution
To secure a conviction under California Penal Code 315 PC, prosecutors must prove each element of the crime beyond a reasonable doubt. These elements include:
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Keeping a house of prostitution.
The defendant kept, managed, or controlled a property that was habitually used for prostitution or lewd conduct. -
Willful residence.
The defendant knowingly resided in such a property, aware that prostitution was taking place there.
Evidence in PC 315 Cases
California law makes these prosecutions unique because “common repute” can be used as evidence. This means the jury may hear about:
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The general reputation of the house in the community,
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Testimony about the activities associated with the location, and
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The character of the individuals known to reside or work there.
Unlike many other criminal statutes, prosecutors do not have to rely only on direct evidence of prostitution. Instead, they can argue that the property’s notoriety or reputation is enough to establish its use as a house of prostitution.
Penalties for Violating Penal Code § 315 PC
A violation of California Penal Code 315 PC is prosecuted as a misdemeanor. The sentence can include jail time, fines, and probation, with harsher consequences for repeat convictions.
First Offense
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Up to 6 months in county jail
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A fine of up to $1,000
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The court may grant summary probation, which can include community service and other conditions in place of, or in addition to, jail time
Repeat Offenses
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A second conviction carries a minimum of 45 days in county jail
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A third or subsequent conviction carries a minimum of 90 days in county jail
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Fines and probation conditions may still apply
Civil Consequences
In addition to criminal penalties, properties used for prostitution may be targeted under California’s Red Light Abatement Law. This civil statute allows the government to:
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Seek an injunction to shut down the property,
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Pursue forfeiture or forced sale of the premises, and
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Impose additional financial penalties on property owners.
Common Legal Defenses to Penal Code 315 PC
Being charged with keeping or residing in a house of prostitution does not automatically mean a conviction. The prosecution must prove every element of the offense, and several defenses may be available depending on the facts of the case.
Lack of knowledge
You cannot be guilty under PC 315 if you did not know prostitution was taking place. For example, a tenant who rents a room in a house without being aware of its use for prostitution may have a strong defense.
Insufficient evidence
Prosecutors often rely on circumstantial evidence or “common repute.” If the evidence is weak, unreliable, or based only on assumptions about the property’s reputation, it may not be enough to convict.
Entrapment
If law enforcement pressured or induced you into behavior you would not have otherwise engaged in, the defense of entrapment may apply.
False accusation or mistaken identity
Disputes with landlords, neighbors, or tenants sometimes lead to false reports of prostitution activity. If the allegations were fabricated or misdirected at the wrong person, the charge should not stand.
Speak With a Los Angeles Criminal Defense Lawyer
If you have been accused of keeping or residing in a house of prostitution under Penal Code § 315, do not wait to get legal advice. Even a misdemeanor charge can mean jail time, mandatory minimums for repeat convictions, immigration issues, and long-term damage to your record. Attorney Arash Hashemi has over 20 years of experience defending clients in Los Angeles against prostitution-related charges.
Our firm examines the evidence, challenges the use of “common repute,” and works to resolve cases before penalties become severe. Contact us today to schedule a confidential consultation with an experienced Los Angeles criminal defense lawyer. Early legal representation can make the difference in how your case is resolved.
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