This law will prevent underage victims of trafficking from being charged.
California, like most other states, makes it against the law for adults to engage in sex with minors under the age of 18. In fact, a person under the age of 18 could not legally consent to sexual intercourse under California law. Yet until recently, minors who were caught engaging in prostitution could be charged with a crime.
This all changed on January 1, 2017, when Governor Jerry Brown signed Senate Bill 1322 into law. This law essentially decriminalizes prostitution for minors in California, and instead recognizes that when children under the age of 18 are engaged in the sex trade, they are not criminals — but victims. The law is a step towards ending human trafficking, particularly trafficking of juveniles for the purposes of sex work.
Before the change in the law, if a minor was arrested for prostitution, he or she could be placed in a juvenile detention facility and prosecuted for violating California’s prostitution laws. Under the new law, engaging in the act of prostitution, solicitation of prostitution and loitering with the intent to commit prostitution would no longer apply to juveniles. Instead, children who are caught engaging in the sex trade would be referred to the county child welfare department for services, and police would instead investigate the potential of human trafficking and commercial sexual trafficking.
Importantly, this law does not make prostitution legal. Prostitution is still against the law in California, including the associated crimes of offering and agreeing to engage in the act of prostitution. Instead, it simply stops punishing minors for being victims of trafficking and exploitation. The law treats children who are caught engaging in acts of prostitution as victims rather than criminals, and recognizes that they cannot consent to these acts. The other people involved in the transaction — including pimps, customers (commonly called johns) and others — can still be prosecuted for their role. Given that the victim in this situation is underage, they may even be penalized more harshly than they otherwise would have been.
If you have been arrested on a prostitution-related offense, particularly one involving a minor, you will need a skilled California sex crimes defense attorney. Being convicted of a prostitution offense could result in severe penalties, including a requirement of registering as a sex offender. A knowledgable sex crimes defense attorney can present a number of potential defenses to these charges, such as entrapment, insufficient evidence or mistake. We will work with the prosecutor to negotiate reduce the charges whenever possible, and will aggressively seek the most favorable deal for your case.
The Chambers Law Firm offers highly-skilled legal representation for Californians who have been charged with crimes, including sex crimes. Being charged with a crime related to prostitution can be incredibly serious, especially if it ultimately requires you to register as a sex offender. That is why it is so important that you have the best California sex crimes defense attorney possible. Contact our firm today at 714-760-4088 or dchambers@clfca.com to learn how we can help you if you have been charged with a prostitution offense. Initial consultations are always free of charge.
