Prostitution | CA Penal Code Section § 647(b) PC

Definition of Prostitution Under § 647(b) PC

Prostitution in California involves engaging in, offering, or agreeing to engage in sexual activities with another person in exchange for money or other forms of compensation. This clear legal definition forms the foundation for prosecuting offenses related to prostitution, solicitation, and associated activities under state law.

Scope of Activities Considered as Prostitution

California law outlines specific behaviors that constitute prostitution, which includes:

• Engaging in Sexual Acts for Compensation: This specifies the act of performing sexual services in return for money, property, or other tangible benefits. It is the direct exchange that characterizes this offense.
• Solicitation of Prostitution: This offense occurs when an individual communicates with another person, intending to engage in a sexual act for compensation. Solicitation can take place through various means, including direct in-person communication, online interactions, or other forms of electronic communication.
• Agreeing to Engage in Prostitution: Merely agreeing to perform sexual acts for compensation constitutes an offense under this section. It is important to highlight that the charge applies even if the sexual act does not ultimately take place.

Understanding these definitions and scopes helps clarify what activities can lead to prosecution under California’s prostitution laws. This foundational knowledge is essential for both legal professionals and those potentially facing charges.

Penalties for Engaging in, Soliciting, or Agreeing to Engage in Prostitution

In California, the penalties for prostitution and related offenses are generally structured as misdemeanors, but the consequences can still be severe:

• First Offense: Individuals charged with engaging in, soliciting, or agreeing to engage in prostitution typically face up to six months in county jail and/or a fine of up to $1,000.
• Court-Ordered Programs: The court may also require participation in educational programs, such as a sexual exploitation or HIV prevention program, depending on the circumstances of the case.
• Probation: Judges often grant probation with specific conditions that may include community service or other court-ordered requirements.

Impact of Repeat Offenses and Enhanced Penalties

Repeat offenses and certain aggravating circumstances can lead to enhanced penalties, making subsequent charges more severe:

• Repeat Offenses: Individuals with prior convictions for prostitution-related offenses may face increased jail time and higher fines. The law seeks to deter repeat offenders through escalating penalties.
• Aggravating Circumstances: If the offense involves minors, occurs near schools, or includes other aggravating factors, the penalties can be significantly increased, potentially leading to felony charges with state prison time.
• Mandatory Minimum Sentences: Certain circumstances, such as repeat offenses within a specific timeframe, may trigger mandatory minimum sentences, leaving less discretion for judges in sentencing.

Key Elements Prosecutors Must Prove

Evidence Requirements for Prostitution Charges

To convict someone of engaging in, soliciting, or agreeing to engage in prostitution, prosecutors must prove the following elements beyond a reasonable doubt:

• Engagement in Prostitution: Demonstrating that the defendant actively participated in or completed a sexual act in exchange for money or other compensation.
• Solicitation of Prostitution: Providing evidence that the defendant communicated a clear intent to engage in sexual acts for compensation. This can include verbal offers, gestures, or electronic communications.
• Agreement to Engage in Prostitution: Establishing that there was a clear and mutual agreement between the defendant and another person to exchange compensation for sexual acts.

Prosecutors often rely on various types of evidence, including surveillance footage, witness testimonies, text messages, and other digital communications, to meet these requirements.

Common Challenges in Proving Solicitation or Agreement

Proving solicitation or agreement in prostitution cases presents specific challenges:

• Ambiguity in Communication: Many cases hinge on the interpretation of conversations or agreements, where the intent to engage in prostitution might not be explicitly stated.
• Credibility of Witnesses: The reliability of undercover officers, informants, or other witnesses can be contested, especially if their testimony is crucial to proving the existence of an agreement or offer.
• Entrapment Defense: Defendants may claim entrapment, arguing that they were induced by law enforcement to commit a crime they would not have otherwise committed. This defense can complicate the prosecution’s efforts if the inducement can be demonstrated.
• Lack of Direct Evidence: Prostitution cases often lack direct physical evidence, making the prosecution’s case reliant on circumstantial evidence, which must be carefully constructed to prove the elements beyond a reasonable doubt.

Defense Strategies for Prostitution Allegations

Contesting the Intent and Agreement Elements

To counter charges of engaging in or soliciting prostitution, defense attorneys often focus on undermining the prosecution’s claims regarding intent and agreement:

• Ambiguity of Intent: Defense may argue that the defendant’s actions were misinterpreted and that there was no explicit intent to engage in or solicit prostitution.
• Vagueness in Agreement: Attorneys may challenge the existence of a clear agreement, suggesting that any discussion was too ambiguous to constitute a legal agreement for prostitution.

Mistake of Identity or Lack of Evidence

Defendants can also be wrongfully accused due to mistaken identity or a lack of concrete evidence:

• Mistake of Identity: The defense might present evidence that the defendant was not the person who committed the alleged act.
• Insufficient Evidence: Attorneys frequently challenge the adequacy of the evidence provided, asserting that the prosecution has not met its burden of proof beyond a reasonable doubt.

Entrapment and Other Constitutional Defenses

Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed:

• Entrapment: This defense is applicable if it can be shown that the defendant was persuaded or lured by police into committing the crime.
• Violation of Constitutional Rights: Defense strategies may include challenging the legality of law enforcement tactics, such as unlawful surveillance or searches, arguing that they violated the defendant’s constitutional rights.

Each of these defense strategies involves a thorough review of the facts, evidence, and methods used in the investigation and charges. By addressing these elements strategically, defense attorneys work to protect their clients’ rights and aim for the best possible outcome, whether that’s a reduction in charges, dismissal, or acquittal.

Importance of Legal Representation

Role of a Defense Attorney in Prostitution Cases

A defense attorney in prostitution cases performs several critical functions:

• Legal Guidance: Attorneys provide crucial legal advice, helping clients understand the charges against them, the possible outcomes, and the best legal strategies to employ.
• Case Assessment: They conduct a thorough review of the case, including the circumstances of the arrest and the evidence gathered by prosecutors. This assessment helps in identifying any weaknesses or procedural errors in the state’s case.
• Negotiation with Prosecutors: Experienced attorneys negotiate with prosecutors to potentially reduce charges or even secure a dismissal based on insufficient evidence or procedural flaws.

Strategies for Minimizing Legal Consequences

Effective defense strategies are crucial in minimizing the legal consequences of prostitution charges:

• • Plea Bargaining: Depending on the case, defense attorneys might negotiate a plea deal where the charges can be reduced, or penalties lessened, in exchange for a guilty plea to a lesser offense.
  • Diversion Programs: For first-time offenders, attorneys may secure a placement in diversion programs, which, upon successful completion, might result in the charges being dropped or expunged from the client’s record.
  • Challenging Evidence: By challenging the validity and legality of the evidence presented, attorneys can weaken the prosecution’s case, leading to better outcomes for their clients.
  • Representation in Court: If the case goes to trial, the defense attorney advocates on behalf of the client, presenting evidence, cross-examining witnesses, and arguing the case before the judge and jury.

FAQs on Prostitution Charges in California

What Actions Qualify as ‘Solicitation’ Under California Law?

In California, solicitation involves the act of requesting another person to engage in prostitution. Solicitation can occur through direct, explicit proposals, but also through more indirect means if the intent can be clearly inferred. This might include:

• Communicating in person, through digital messages, or over the phone.
• Making gestures or signals with the same intent.
• Any action that demonstrates a clear intent to engage in prostitution, even if the actual act does not take place.

Is It Possible to Face Prostitution Charges Even If No Money Was Exchanged?

Yes, individuals can face charges related to prostitution without the actual exchange of money or other forms of compensation. Under California law, merely agreeing to engage in the act of prostitution or soliciting another to commit such acts constitutes a prosecutable offense. The key elements are the agreement or offer to engage in sexual activities for compensation, not the completion of the transaction.

What Are the Alternative Sentencing or Diversion Options?

California offers several alternative sentencing or diversion programs for those charged with prostitution, especially first-time offenders, which can lead to charges being reduced or dismissed:

• Deferred Entry of Judgment (DEJ): Allows the accused to plead guilty to the charges, after which they enter a probation program. Successful completion of the program, which often includes education and community service, can result in dismissal of the charges.
• Proposition 36: Provides drug treatment instead of incarceration for those whose prostitution charges are linked to drug dependency issues.
• Drug Court: Similar to Proposition 36 but often more comprehensive, focusing on long-term treatment and monitoring.

These programs aim to address the underlying issues that lead to criminal behavior, offering rehabilitation instead of punishment, and are designed to reduce the likelihood of re-offense, benefiting both the individual and the community.

Defend Against Prostitution Charges In Los Angeles

If you are facing prostitution charges under California Penal Code Section 647(b) PC, The Law Offices of Arash Hashemi are equipped to defend your rights. With over two decades of criminal defense experience, Attorney Arash Hashemi and his team specialize in crafting strategic defenses specifically tailored to each case, ensuring the protection of your rights and aiming for the most favorable outcome.

Located in the Westside Towers of Los Angeles, our firm caters to clients across Santa Monica, Beverly Hills, and Westwood. We understand the importance of accessibility and flexibility during challenging times, which is why we offer weekend appointments and jail visits for comprehensive case discussions.

For targeted assistance with loitering for prostitution charges, do not hesitate to reach out. Contact our office at (310) 448-1529 or schedule your consultation online. We are committed to standing by your side, keeping you informed, and advocating for your rights throughout every step of the legal process.