In California, Penal Code 647(b) makes it a crime to engage in, solicit, or agree to engage in prostitution. Prosecutors filing charges under this law may pursue jail time, fines, and penalties that harm your personal and professional reputation.
In recent years, California legislators have enacted new legislation, such as Senate Bills 357 and 233, which demonstrate a distinct change in the perception and treatment of prostitution-related crimes. There is an increased understanding that numerous individuals entangled in prostitution are vulnerable or targeted unjustly. These laws protect against discrimination, minimize unnecessary arrests, and allow the police to concentrate on more significant offenses, like human trafficking.
Being accused of prostitution or solicitation is a serious matter that requires immediate legal intervention. A skilled criminal defense lawyer can challenge weak evidence and build a persuasive defense that may lead to reduced or dismissed charges. At CCLG: Los Angeles Criminal Attorney, our attorneys will help fight for your rights, protect your future, and pursue the best possible resolution of your case.
An Overview of California Penal Code 647b
California Penal Code 647(b) makes commercial sex acts a crime and specifies three main crimes, including prostitution, solicitation of prostitution, and an agreement to engage in prostitution. Anyone facing these accusations should clearly understand how the law defines these offenses.
Defining Prostitution
A person commits prostitution by intentionally engaging in sexual intercourse or any lewd act with another person in exchange for compensation, whether in the form of money or anything else of value. This applies to both the person providing the service and the one paying for it.
Definition of Lewd Acts
Lewd acts involve touching another person’s genitals, buttocks, or breasts with the intent to arouse either individual sexually. These acts may not be limited to sexual intercourse, and prosecutors may charge the act as a crime even though it seems to be minor as long as there is intent and compensation.
People may commit lewd conduct in public and private places, particularly when the act is open to the sight of others. As an example, a person who masturbates in front of a window where the action can be seen in a public place can still be cited under a related law, Penal Code 647(a).
Compensation in Exchange for Sexual Conduct
Courts interpret compensation broadly and may include money and items of perceived value such as drugs, shelter, or other favors. Notably, the law does not require the completion of a sexual act. A contract or an express desire to trade sex in exchange for compensation suffices.
In police sting operations, the prosecutors often rely on verbal agreements or actions as evidence to secure a conviction of verbal agreement or action, for example, discussing a price or removing money at an ATM.
Understanding Solicitation
Solicitation involves asking, offering, or attempting to pay someone for a sexual act with the intent to carry it out. This may be conveyed in words, actions, or even in advertisements. In these cases, the service provider and the customer can be charged.
The Intent in Solicitation
Another essential element in proving solicitation is intent. Prosecutors must prove that you intended to engage in prostitution after making the request. Evidence often includes an offer to exchange money for sex or actions that support your intent, including organizing a meeting or paying.
The police frequently employ undercover operations to elicit overt statements of intent. Unless such intent is clearly shown, or if officers misinterpret or find statements ambiguous, your defense lawyer can claim that the burden of proof has not been met.
Misinterpreted Behaviors That Are Not Qualified
Some actions, even though they might take place in the regions related to prostitution, are not enough to demonstrate intent. Simply being in such a place, waving at vehicles, chatting with strangers, or dressing provocatively does not prove criminal intent.
Moreover, when the context of the interaction is unclear or the person has language barriers or mental problems, the encounter might not be considered solicitation according to the law. The undercover officers can pretend to be prostitutes or customers, but cannot lead you to commit a crime you were not already willing to commit. Prosecution has to establish clear independent intent.
Agreeing to Engage in Prostitution
California law also recognizes a distinct offense for agreeing to engage in prostitution, provided there is an act in furtherance of that agreement. This prevents individuals from avoiding prosecution by simply agreeing to an act without taking further steps.
Criminal Liability Conditions
To convict you on the ground that you agreed to prostitution, the prosecution should show three things:
- You had reached an agreement with someone to engage in prostitution
- You were planning to carry out the action
- You went one step further to execute the agreement-this is called an act in furtherance
Furthering Acts of the Commission
You can also commit the offense by taking actions that further the agreement and act in furtherance. It shows a genuine attempt to get the transaction done. Examples include:
- Exchanging or withdrawing money
- Travelling to the agreed place
- Entering the other person
There is no exhaustive list of qualifying acts. Courts can treat a wide range of actions as acts in furtherance, regardless of whether they occur before or after an agreement being concluded. Without the proper inclusion of such an act in the formal complaint, a judge may dismiss the charge. Close legal wording and robust evidence are essential to a successful prosecution.
Elements that the Prosecution has to Prove
To achieve a conviction based on California Penal Code 647(b), the prosecution must prove every aspect of the crime beyond a reasonable doubt. These factors differ a little bit based on whether the charge is engaging in, soliciting, or agreeing to engage in prostitution.
To prove the charge of engaging in prostitution, the prosecution is required to prove that you knowingly committed a sexual act or lewd conduct with another individual in exchange for money or some other valuable consideration.
In solicitation of prostitution, the prosecutor should prove that you asked or induced another individual to perform a sexual act in exchange for money and that they did so with the intent to carry out the act.
In case the charge is about agreeing to engage in prostitution, three factors have to be established:
- You agreed to participate in a commercial sex act
- You were willing to go ahead with the act
- You acted in the furtherance of the agreement
The case cannot pass the legal bar of conviction unless the intent and an overt act can be proven in connection with the alleged agreement. All three components are necessary and should be backed by credible evidence.
Special Legal Considerations of Minors
California statutes have changed their perspective on minors who are engaged in commercial sex acts and have started to view them as victims and not criminals. The move is at the heart of the state’s combating child sex trafficking and safeguarding vulnerable youth.
Protection of Underage People by Law
California law treats minors involved in commercial sex as victims. This principle has been used to guide new changes in law to provide support, rather than punishment.
Senate Bill (SB) 1322
SB 1322 was signed into law in 2016, and it prevents law enforcement officers from arresting or charging minors with prostitution or loitering with the intent to commit prostitution. It categorizes such participation as child abuse, which means that peace officers are required to report such cases to county child welfare departments.
The legislation is an extension of SB 855 (2014) that classified commercial sexual exploitation of minors as child abuse. It aims to prevent further trauma, disruption to education and community ties, and exposure to violence.
Temporary Custody and Child Welfare Procedures
In cases involving minors in commercial sex, child protection takes center stage. The child welfare services can take children into temporary custody under the following conditions:
- Court Order: A social worker gets the approval of a judge
- Exigent Circumstances: The child is in imminent danger and requires protection
- Parental Consent: A parent or guardian consents to the temporary removal
After being taken into custody, the child is provided with support services such as housing, medical attention, counseling, and education. An independent safety assessment is done by a social worker who decides whether custody is necessary. This ensures minors are treated as victims in need of support, not as offenders.
Sentencing and Penalties on Violation of PC 647(b)
The breach of California Penal Code 647(b), which includes prostitution and solicitation, is usually considered a misdemeanor. Nevertheless, the punishments may be enhanced for repeat offenses or some aggravating factors.
First-Time Offense
First-time conviction of prostitution or solicitation may lead to:
- As much as six months in jail
- A fine of not more than $1,000
- Both a jail sentence and a fine
First-time offenders are often granted probation, sometimes with requirements such as counseling or diversion programs. One such program is ‘John School,’ which educates participants on the legal, social, and health risks associated with prostitution. Successful completion of the program can allow you to avoid incarceration.
Second and Subsequent Offenses
Repeat offenses carry mandatory minimum jail terms:
- Second Offense: Minimum of 45 days in jail. Judges have no right to waive this minimum sentence
- Third or Subsequent Offense: Must serve at least 90 days in jail, and it is non-negotiable
Repeat offenders may face probation terms that include mandatory HIV/AIDS education, testing, fines, and a restraining order.
Aggravated Circumstances
Some factors may lead to more severe punishment or the reclassification of the crime.
- Vehicles in the Neighborhood of Residential Zones
In case the act is committed in a car or within 1,000 feet of a residential house, the judge can:
- Revoke your driver’s license for a maximum of 30 days
- Suspend your driving rights for up to six months
- License Restrictions and Asset Forfeiture
Asset forfeiture laws may result in seizure of the vehicle used in the crime upon conviction. Since prostitution is a crime of moral turpitude, it may have consequences on professional licenses, which may be suspended or revoked.
- Sex Offender Registration Factors
Usually, a PC 647(b) conviction does not necessitate sex offender registration under Penal Code 290. There are, however, exceptions:
- Sexual Compulsion or Gratification: A judge can order registration when the crime was committed for sexual compulsion or gratification
- Soliciting a Minor: It is a more serious offense than soliciting a person under 16 and is a wobbler offense, which means it can be charged as either a misdemeanor or a felony
When charged as a felony, the penalties may include three years in jail and a 10-year registration as a sex offender. Under Senate Bill No. 1414, any repeat offense of soliciting a minor is automatically a felony.
Legal Defenses to PC 647(b) Violation Accusations
Lack of Intent
The absence of intent to commit prostitution or solicitation is one of the best defenses to a charge of Penal Code 647(b). California law not only stipulates that you must perform certain acts but also that you must have the intention to perform or seek a sexual act in exchange for compensation. Intent alone is insufficient; the prosecution must also demonstrate a specific act taken in furtherance of that intent.
In most instances, one can be in a place that is a prostitution hub or even have a discussion that is misconstrued by the police. But when there is no clear intent to exchange sexual services for compensation or any other item of value, in such cases, there may be insufficient legal grounds for a conviction. For example, informal communication, innuendo, or flirting does not constitute a legal standard unless there is an express or strongly implied agreement in exchange for compensation.
This defense is especially useful in sting operations, when police are trying to elicit incriminating statements. When you did not clearly state intent or take any action furthering an agreement, a competent defense counsel can claim that there is no evidence that you are guilty beyond a reasonable doubt.
Entrapment
Entrapment is a defense used in law that is applicable when law enforcement agents provoke you to commit a crime that you would not have committed. This defense is particularly relevant in the cases of prostitution and solicitation, where sting operations are frequently used.
To prove entrapment, your defense lawyer has to demonstrate that the police were the ones who initiated the idea of the crime and that you were not inclined to commit the crime. If a police officer or decoy pressured, cajoled, or coerced you into accepting an offer to perform a sex act, and you would not have agreed otherwise, it may constitute entrapment.
As an example, when an undercover agent continues to request sexual services of an individual after the latter refuses, or when the agent offers large amounts of money to convince the individual, these may be considered entrapment.
The fact that the officer provided the defendant with the chance to commit the crime is insufficient because the key question is whether the officer coerced or persuaded the individual in a way that overrode their free will. It is a strong defense when there is no physical action and the evidence is based only on the conversation.
Misinterpreted or Ambiguous Conduct
Your defense attorney could also argue that your actions or utterances were indistinct and misunderstood by the police. To obtain a conviction under Penal Code 647(b), the prosecutors must demonstrate that you intended to commit a commercial sex act with a clear intent. If your supposed conduct can be reasonably interpreted as innocent or legal, the case might not meet the standard needed for a conviction.
For example, you wave to someone in a car, smile at a passerby, or even dress in a subjectively provocative manner. Nevertheless, none of these activities taken individually constitutes a crime or an indication that you are intending to solicit or engage in prostitution. Police operating in areas known for prostitution may misinterpret innocent behavior as suspicious.
This defense is especially successful when the only evidence against you consists of circumstantial indicators, such as brief verbal or non-verbal interactions. Unless there is a definite agreement to provide sexual services in exchange for compensation and an act in furtherance of that agreement, then PC 647(b) has not been violated.
No Act in Furtherance of the Agreement
Under California Penal Code 647(b), when you are accused of agreeing to commit prostitution, the prosecution must not only prove the agreement and the intent but also that you acted in furtherance of the agreement. This is one of the main legal factors; the charge might be invalid without this act.
The act in furtherance may involve driving to the agreed place, giving money or entering into a person’s car. It is not sufficient to just discuss the possibility of a sex act or discuss prices. The law was specifically drafted to ensure that individuals are not acquitted based on loose talk or unofficial agreements that have not been implemented in any way.
If the police arrest you simply based on verbal communication, and there is no actual action to follow through with the agreement, a competent defense attorney can claim that the prosecution has not been able to demonstrate this essential element. This defense is common in sting operations where the officers can arrest suspects before they can act.
In the absence of that act in furtherance, the prosecution will not be able to establish all the elements of the crime, and the charge can be dropped.
Mistaken Identity
Mistaken identity can be a legitimate and even a very successful defense in a prostitution or solicitation case, particularly in a busy public place where there are likely to be a lot of people and the police are dependent on snap judgments. In chaotic situations, such as busy areas known for prostitution or during sting operations, officers may mistakenly identify the wrong individual.
As an example, when you are arrested based on a general description, for example, the color of clothing or hairstyle, but there is no specific identifying evidence, such as surveillance video, photographs, or a direct exchange witnessed by multiple witnesses, your defense lawyer can claim that the police arrested the wrong suspect. You could also be arrested as you walk through a place that is well known to have prostitution.
Misidentification can also occur when the officers use short, indirect contact. The arrest is questionable if the undercover officer cannot identify the defendant clearly or if the situation is unclear because of low visibility, lighting, or distance.
This defense is robust when backed by alibi evidence, witness testimony, or inconsistencies in the officer’s report. The aim is to create a reasonable doubt as to whether you were the one who committed the crime in question.
Related Offenses
There are some criminal acts connected with prostitution that are severely punished in California. They include:
- Pimping (PC 266h) is the act of making money out of the prostitution of another person and is a felony punishable by up to 6 years in prison or 8 years in case of a minor
- Pandering (PC 266i) is the act of persuading or forcing a person into prostitution and is also punishable in the same way
- It is a misdemeanor (PC 653.23) to aid a prostitute; however, the crime is taken seriously
- Public lewdness (PC 647a) is a crime against sexual acts in public
Find a Reliable Sex Crime Defense Lawyer Near Me
Solicitation and prostitution in California have severe legal, personal, and professional penalties. When charged with PC 647(b), you must understand the law, your rights, and the defenses you can use. If you or a loved one has been accused of violating PC 647(b), it may be essential to hire experienced legal representation. A competent defense lawyer will evaluate the facts, dispute the evidence, and smoothly take you through each stage of the legal proceedings. At CCLG: Los Angeles Criminal Attorney, we have lawyers ready to represent you in court and fight for your rights. Contact us at 323-922-3418 to discuss your case privately and receive solid defense that is unique to your case.
