The term “solicitation,” in everyday parlance, refers to the act of seeking something from someone. However, in the realm of California law, it takes on specific connotations that often lead to misconceptions. Read on to get the facts and contact Chambers Law Firm at 714-760-4088 if you are facing criminal charges and require help from a criminal defense attorney.
Solicitation as a Basis for Sex Crime
In California, solicitation is recognized as a sex crime when an individual asks another to engage in a sexual or lewd act in exchange for some form of compensation, accompanied by the clear intent to participate in the said act. It’s essential to note that mere suggestive gestures or ambiguous actions don’t count. For instance, waving in a notorious area might not qualify.
However, making a direct offer, like proposing a sum of money for a specific act, would most likely lead to charges. Generally, solicitation, in this context, is a misdemeanor with penalties such as six months of county jail time and fines up to $1,000. Thankfully, those convicted under this charge are not mandated to register as sex offenders.
Distinguishing Solicitation from Prostitution
While both pertain to the same domain, solicitation and prostitution are distinct offenses in California. While the former involves seeking sexual services, the latter deals with offering them in return for money or other valuable assets. The emphasis here is on the roles — the person offering the service is charged with prostitution, while the one seeking it is charged under solicitation.
Solicitation to Commit a Crime
This refers to the act of urging someone else to carry out a specific crime, carrying the intent of having that crime committed, and ensuring the other party receives this directive. Some of the offenses falling under this category include serious crimes such as robbery, arson, kidnapping, and more. Depending on the gravity of the solicited crime, charges can range from a misdemeanor to a felony. Penalties might include jail or prison time and significant fines.
Challenging Solicitation Charges
Just because someone is charged doesn’t mean they are devoid of defense options. Expert criminal defense lawyers utilize various strategies to defend their clients against solicitation charges. Some defenses include proving that the accused was trapped by law enforcement into committing the crime, lack of genuine intent to engage in the act, or inadequate evidence to support the charge.
Panhandling or Solicitation for Alms
Another type of solicitation offense in California pertains to panhandling, often labeled as “solicitation for alms.” It involves approaching individuals in public places to seek financial aid or other kinds of help. It’s not just about casually asking for help; it often involves actions bordering on intimidation, threats, or harassment. A breach in this context is usually a misdemeanor, leading to potential punishments like six months in jail and/or fines up to $1,000.
In light of the complexities surrounding solicitation laws in California, those facing such charges or seeking to understand their implications better should reach out to a legal expert. For a comprehensive consultation, contact Chambers Law Firm at 714-760-4088.
