Prostitution

ARRESTED FOR PROSTITUTION IN LOS ANGELES? This is a common occurrence in Los Angeles. In fact, Los Angeles police make prostitution arrests daily using a variety of undercover methods, including targeting and closing websites and online personal ads, breaking up prostitution rings and performing undercover sting operations. The Internet, cell phones and newspaper ads are used to catch suspects. As a result of this, innocent citizens with no criminal history can be arrested and accused of prostitution or solicitation simply by being in the wrong place at the wrong time. If you have been charged with soliciting a sex act, soliciting a prostitute or engaging in prostitution you need the assistance of an experienced criminal defense attorney. The criminal defense attorneys at Rodriguez, Lewis & Kahn understand how the California’s prostitution laws work and will use that knowledge to aggressively defend you. Contact our Los Angeles office for a confidential, free consultation to discuss your options.

PROSTITUTION

In the most general sense, prostitution is offering or having sex for money. Both the person who offered the sex (the “prostitute”, or in some cases the “pimp”) and the person who accepted the sex (the customer or the “john”) can be convicted. It doesn’t matter if you answered an ad for a “personal escort” or “masseuse”, if sexual activity was part of the service and money changed hands, it was illegal.

CALIFORNIA PROSTITUTION LAW

According to California Penal Code 647(b), it is illegal to solicit, agree to engage in, or engage in any act of prostitution. Prostitution is a misdemeanor.

  • Soliciting prostitution
    • To solicit prostitution is to urge, induce, or entice another person to engage in an act of prostitution. The person soliciting must have a specific intent to engage in an act of prostitution. Both the prostitute and the customer can solicit prostitution. For example, if a man approaches a woman in a bar and tells her that he will pay her $150 if she will have sex with him, he is guilty of soliciting prostitution, even if the deal does not go through.

  • Agreeing to engage in prostitution
    • If a person accepts an offer to have sex for money, and specifically intends to complete the act, and then acts on that intention (that is, you performed an act in furtherance of the prostitution), it is prostitution. For example, if a woman in a bar agrees to have sex for $150, and then gives the man in the bar her room key, the legal requirements have been met, even if the agreement is never consummated.

  • Engaging in an act of prostitution
    • Willfully engaging in sexual intercourse or any lewd act in exchange for money or other consideration (goods and services) is prostitution. A “lewd act” occurs when either the prostitute or customer uses a part of his or her body to touch the genitals, buttocks, or breast of the other for the purpose of sexual arousal or gratification. According to the law, both the prostitute and customer are engaged in an act of prostitution when they engage in sexual intercourse.

  • Loitering for Prostitution
    • In California, individuals who are arrested for prostitution are often additionally charged with “Loitering for Prostitution.” According to California Penal Code 653.22, it is a crime to be in some areas with no lawful reason with the intent to commit prostitution. For example, standing on a street corner, for the purpose of attracting the attention of a passing “john” would be considered “Loitering for Prostitution.” Loitering for prostitution is also a misdemeanor.

Possession of condoms or cash money by the customer (john) or possession of a client book and/or sexy attire by the person soliciting may suggest that some type of prostitution was going to occur but, in and of itself cannot prove the prostitution charge.

PROSTITUTION PENALTIES

The potential penalties for soliciting, agreeing to engage, engaging in and loitering for the purpose of prostitution, and lewd conduct in public are:

  • Up to 6 months in County jail
  • Up to $1,000 fine
  • Probation
  • Counseling
  • AIDS testing
  • Community service
  • Physical labor (Cal Trans)
  • Driver’s license suspension or vehicle impound.

The penalties will be more severe if a minor is involved or if the defendant is a repeat offender.

PROSTITUTION DEFENSES

If you have been arrested and charged with prostitution, there are a variety of defenses available. Depending on the facts and circumstances of your case, one of these defenses could be used to get the charges against you dismissed or reduced. For example:

  • Lack of Evidence: An agreement to engage in prostitution is difficult to prove unless the police have a recording of the conversation when the deal was made. Also, if you had no money on you at the time of the arrest, it is difficult for the prosecution to show that you specifically intended to hire a prostitute.

  • Entrapment: If you are a normally law abiding citizen who was unfairly lured into sting operation by a police officer posing as a prostitute or john, you could have the charges against you dismissed because you were entrapped. To prove entrapment, you must show that it is more likely than not that the conduct of the “decoy” officer acting as a prostitute or john would have induced a "normally law abiding person" to engage in an act of prostitution.

  • Mistake: If you did not intend to solicit, agree to engage in, or engage in any act of prostitution, but you called an escort service or went to a massage parlor and got arrested, you can argue that you simply needed a date or a massage.

LOS ANGELES PROSTITUTION ATTORNEYS

If you are convicted of prostitution, solicitation, or agreeing to engage in prostitution you face a misdemeanor conviction and up to six months in county jail, a permanent criminal record and a damaged reputation. There are many defenses available to these types of charges. Each case is unique and defenses to these crimes depend on the types of evidence available. Your first line of defense is contacting a skilled California criminal defense attorney immediately. Your lawyer will evaluate the prosecutor’s case, the evidence, witnesses and work with you on building your defense. The criminal defense attorneys of Rodriguez, Lewis & Kahn understand how the California prostitution laws operate and will use that knowledge to aggressively defend you. Call us today for a free, confidential consultation.