In California, the legality of prostitution and its associated activities is clearly defined, with specific laws governing the conduct of both sex workers and their clients. Understanding these laws is crucial for anyone facing related charges or engaging in activities that could lead to legal implications. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Defining Prostitution in California
Prostitution in California is defined as willfully engaging in sexual intercourse or a lewd act with another person in exchange for money or something of value. This includes any sexual activity involving genitals, buttocks, or female breasts performed for sexual arousal or gratification. It’s important to note that the payment for these acts can be made to any party involved, not just the person performing the sex act, and can include non-monetary items like drugs.
Solicitation: A Related Offense
Solicitation is closely linked to prostitution but covers the act of requesting someone else to engage in prostitution. In California, solicitation is defined as making a request for a sex act, intending to engage in prostitution, and the request being received by another person. Agreeing to a solicitation to engage in prostitution is also considered illegal under California law.
Recent Legislative Changes in California
Recent legislative changes in California have had significant impacts on how prostitution and related offenses are treated. Senate Bill 233 (SB 233) provides immunity from certain sex offense prosecutions to individuals reporting serious crimes. This bill aims to protect sex workers who, in the past, faced a dilemma of self-incrimination when reporting crimes. It also prevents law enforcement from using the possession of condoms as probable cause for arrest related to prostitution, addressing public health concerns related to sexually transmitted diseases.
Senate Bill 357
SB 357 marks a significant shift in California’s approach to prostitution laws. It repeals the law that prohibited loitering with an intent to commit prostitution. This decriminalization extends to allowing individuals with prior convictions for loitering with intent to commit prostitution to petition the court for dismissal and sealing of their records. Prior to SB 357, individuals could be convicted for merely loitering with the intent to engage in prostitution, even without actual engagement in a sex act for payment.
Penalties for Prostitution-Related Offenses
Despite these legislative changes, prostitution, solicitation, and agreeing to engage in prostitution remain misdemeanor offenses in California. A first offense can result in up to six months in jail and a $1,000 fine. These offenses are priorable, meaning penalties increase with subsequent offenses. A second offense may lead to a mandatory minimum of 45 days in jail, and a third or subsequent offense can result in at least 90 days in jail. Additionally, if the offense occurs in a vehicle near a residence, it can lead to a driver’s license suspension.
Legal Defenses Against Prostitution Charges
There are several legal defenses available for those charged with prostitution or solicitation. Experienced defense attorneys may argue:
- Police Entrapment: This defense is used when an individual is induced by law enforcement officers to commit a crime they would not have otherwise committed.
- Insufficient Evidence: If the prosecution lacks substantial evidence to prove the case beyond a reasonable doubt, the charges may be dismissed.
- Lack of Intent: Demonstrating that there was no intent to solicit or engage in prostitution can be a viable defense.
It’s important to note that a prostitution conviction in California does not require sex offender registration, distinguishing it from other more serious sex crimes.
Consultation with a Defense Attorney
Facing charges related to prostitution can have significant legal and personal consequences. It’s crucial for anyone accused of such offenses to consult with a criminal defense attorney. A skilled lawyer can provide detailed information about the charges, explore the best legal strategies, and offer representation that protects the accused’s rights and interests.
If you are involved in a case related to prostitution or solicitation, seeking legal counsel is imperative. Contact Chambers Law Firm at 714-760-4088 for expert legal advice and representation. Whether you’re facing a first-time charge or have prior offenses, Chambers Law Firm can help navigate the complexities of the legal system and work towards the most favorable outcome for your case.
