Federal Court may strike down California’s law against prostitution
The sale of sex — otherwise known as prostitution — has been against the law in California for one hundred and forty-five years. In 1872, California first made prostitution a crime punishable by a fine of $500 and six months in jail. In 1961, the law was updated, with the charge of soliciting prostitution now a misdemeanor disorderly conduct charge punishable by a $1,000 fine and six months and jail.
However, according to a Riverside criminal defense attorney, this long history may change if the federal appeals court — the Ninth Circuit, known as the most liberal appeals court in the country — decides to overturn the law. This case was brought by three former prostitutes, a would-be “john” (or client) and the Erotic Service Providers Legal, Educational and Research Project against the State. The plaintiffs argue that the anti-prostitution laws violate their rights to engage in consensual sex, as defined in the 2003 landmark ruling that prohibited statues that outlawed gay sex, Lawrence v. Texas.
At the trial court level, the judge found that the law was justified because it deterred violence against women, sexually transmitted diseases, and human trafficking. But the Ninth Circuit has agreed to hear an appeal of this ruling, with some of the court’s more conservative judges asking provocative questions about why should it be illegal to sell something that it is legal to give away for free.
Currently, California’s prostitution laws are fairly harsh. While the first offense results in a misdemeanor conviction, up to six months in county jail and/or $1,000 in fines, prostitution is a priorable offense. That means that for each additional offense, the sentence increases. For a second offense, you will be sentenced to a minimum of forty-five days in jail, and for a third offense, you will be sentenced to a minimum of ninety days in county jail. In addition, if you commit the offense while in car and within 1,000 feet of a residence, the court could suspend your driver’s license for up to thirty days or issue you a restricted license for up to six months.
Clearly, the subject of legalized prostitution is a controversial one. The Ninth Circuit may ultimately strike down California’s prostitution laws, allowing sex workers and clients to engage in this business transaction freely. Until such a time, however, prostitution remains illegal in California.
If you have been charged with prostitution or a related offense in California, you will need a skilled Riverside criminal defense attorney to represent you. At the Chambers Law Firm, we will aggressively defend you and protect your rights. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
