How Common Are Arrests for Prostitution and Solicitation of a Prostitute in California?

Prostitution and solicitation remain prevalent issues in California, leading to thousands of arrests each year. According to data from the California Department of Justice, misdemeanor prostitution accounted for 8,822 arrests statewide in 2014 alone. Of these arrests, 4,313 occurred in Los Angeles County, underscoring the region’s heightened enforcement of prostitution laws. When considering other related offenses, such as pimping, pandering, or loitering for prostitution, the total number of arrests rises significantly.

These figures reflect law enforcement’s ongoing efforts to curb prostitution-related activities. However, they also highlight the frequency with which individuals face charges that can carry severe consequences. For those accused, understanding the legal process and securing experienced legal representation is crucial to navigating these charges effectively.

How Is Prostitution Defined in California?

In California, prostitution is governed by Penal Code Section 647(b), which defines the offense as the act of offering, agreeing to, or engaging in any lewd or sexual act with another person in exchange for money or other forms of compensation. Compensation can extend beyond money to include goods, services, or any other valuable consideration, such as drugs or property.

The crime is not limited to the act itself; merely offering or agreeing to engage in prostitution is sufficient for prosecution. For instance, if a person negotiates an agreement for a sexual act in exchange for compensation, even if the act is never carried out, they may still face prostitution charges. Law enforcement often builds cases based on undercover operations, recorded conversations, or other evidence that demonstrates the agreement.

Penal Code 647(b) criminalizes both parties involved in the transaction—the individual soliciting the act (commonly referred to as a “john”) and the individual offering the act (often referred to as a sex worker). This broad application of the law underscores California’s commitment to addressing prostitution-related activities in all forms.

What Constitutes Solicitation of a Prostitute in California?

Solicitation of a prostitute, as outlined in California Penal Code Section 647(b), involves two critical elements that the prosecution must prove beyond a reasonable doubt:

1. Solicitation to Engage in Prostitution: This means the defendant explicitly requested, invited, or encouraged another person to participate in a sexual act in exchange for money or another form of compensation. Solicitation can occur verbally, through written communication (such as text messages or emails), or by other means.
2. Specific Intent to Engage in Prostitution: The defendant must have had the clear intent to follow through with the act of prostitution. Simply discussing or joking about prostitution without intent to act on it does not meet the threshold for solicitation under California law.

For example, agreeing to meet at a specified location for the purpose of engaging in prostitution or taking preparatory steps, such as withdrawing cash or driving to the location, may be used as evidence to demonstrate intent.

Even if the act itself does not take place, an individual can still be charged with solicitation if these two elements are satisfied. Many solicitation cases stem from undercover police operations, where law enforcement officers pose as sex workers or solicitors to gather evidence of intent.

Successfully challenging solicitation charges often requires scrutinizing the prosecution’s ability to prove both elements, particularly intent, as vague statements or misunderstandings are not sufficient to establish guilt.

What Is Public Lewdness, and Does It Qualify as a Sex Crime in California?

Public lewdness, often referred to as engaging in lewd acts, is prohibited under California Penal Code Section 647(a). This law criminalizes specific actions involving inappropriate or sexual conduct in public spaces or areas exposed to public view. According to the statute:

“Every person who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view” is guilty of disorderly conduct, a misdemeanor.

Understanding Lewd Acts

A lewd act typically involves indecent or sexual behavior in a setting where others could witness it, such as:

• Exposing oneself in a public area.
• Engaging in explicit sexual activity in places open to the public, such as parks or vehicles.
• Soliciting another person to engage in sexual acts in public.

Public Lewdness and Sex Crimes

While lewd acts fall under the broader category of sex crimes, a conviction under Penal Code 647(a) does not require sex offender registration, unlike more serious offenses such as indecent exposure or child molestation.

However, public lewdness charges may be brought in conjunction with other offenses, such as solicitation of prostitution or loitering for prostitution, depending on the circumstances. Alternatively, a person may be charged with public lewdness as a standalone crime if no other illegal activity is involved.

Penalties for Public Lewdness

• Up to 6 months in county jail.
• Fines of up to $1,000.
• Probation, mandatory counseling, or community service.

Although the penalties are less severe compared to other sex-related crimes, a conviction for public lewdness can still result in significant social and professional repercussions, including damage to one’s reputation.

Challenging a public lewdness charge often involves demonstrating a lack of intent, disputing the evidence of public exposure, or showing that the accused was in a private space rather than a public one. An experienced attorney can assess the facts of the case and build a strong defense strategy.

What Are Pimping and Pandering in California?

Under California Penal Code Sections 266h (Pimping) and 266i (Pandering), both offenses are serious felonies related to prostitution. These laws target those who financially benefit from or facilitate prostitution, and each offense carries severe penalties.

Pimping – Penal Code 266h

Pimping occurs when someone knowingly derives financial support or material benefits from another person’s engagement in prostitution. This includes actions such as:

• Accepting money or resources earned through prostitution.
• Providing housing, transportation, or other forms of support for someone engaged in prostitution with the intent of benefiting financially.

For example, if a person receives rent payments or financial gifts from someone they know is engaged in prostitution, they may face pimping charges, even if they are not directly involved in the acts of prostitution.

Pandering – Penal Code 266i

Pandering involves encouraging, persuading, or facilitating someone to engage in prostitution. Key examples of pandering include:

• Convincing someone to begin working as a prostitute, whether through persuasion, promises, or threats.
• Introducing a person to a third party for the purpose of prostitution.
• Providing resources, such as transportation or introductions, to aid in prostitution.

Pandering charges can arise even if no money is exchanged, as long as the intent to facilitate prostitution is present.

How Pimping and Pandering Differ

While pimping focuses on profiting from prostitution, pandering targets the recruitment or facilitation of prostitution. Both offenses often overlap but remain distinct crimes with separate legal definitions and penalties.

Consequences of Pimping and Pandering Charges

Because these offenses are classified as felonies, convictions for pimping or pandering can result in:

• Prison sentences of 3 to 6 years for each offense.
• Fines of up to $10,000.
• Mandatory registration as a sex offender in certain cases.
• Permanent criminal records that significantly impact employment, housing, and other opportunities.

Defending against pimping or pandering charges requires a thorough understanding of California law and a strong legal strategy. Challenging the prosecution’s evidence, disputing intent, or arguing mistaken identity can be effective defenses depending on the circumstances of the case. Working with an experienced criminal defense attorney is essential to protecting your rights and future.