Prostitution in California

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A person can be charged with prostitution under in California for:

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1) Soliciting prostitution or,

2) Agreeing to engage in prostitution or,

3) Engaging in prostitution.

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To prove a Defendant guilty under one of the three possible acts under 647(b), the prosecutor must have sufficient evidence to show that:

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Soliciting Lewd Acts/Sexual Intercourse In Exchange For Money

• Defendant requested from another to engage in an act of prostitution

AND

• Defendant intended to engage in an act of prostitution with another person

• The other person received the communication containing the request

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Agreement to Engage in Lewd Acts/Sexual Intercourse In Exchange For Money

• Defendant agreed to engage in prostitution with another person

• Defendant intended to engage in prostitution with another person

AND 

• Defendant did something to further the commission of an act of prostitution

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Engaging in Lewd Acts/Sexual Intercourse In Exchange For Money

• Defendant willfully engaged in sexual/lewd act for money

• As defined, a sexual/lewd act includes: Purposely touching of body parts of another by either party for the purpose of sexual arousal

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Anyone who offers prostitution to another person, agrees to prostitution, or engages in prostitution can be charged.

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Defenses to Prostitution

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Based on the facts and circumstances surrounding your case, there can be various legal defenses that can be asserted on your behalf to fight a charge of prostitution in California. Below, are some commonly used defenses:

• Entrapment:  The act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. Entrapment is an effective legal defense if the commission or encouragement of the criminal act originated with the police or government agents, instead of with the “criminal."

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• Lack of Evidence:  A diligent and conscientious prostitution defense attorney can show the prosecutor that they do not have enough evidence to convict the Defendant under the law of 647(b). This can be done with mitigating evidence or proof that not all elements of the crime were met by showing that the evidence submitted is either insufficient or insubstantial.

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Contact a Riverside or San Bernardino criminal defense attorney at the Hampton Law Group today for a free consultation regarding your case. Our attorney will evaluate the particular facts of your case, and will begin building the best defense to have your charges reduced or dismissed.