Once you are charged with prostitution and solicitation under PC 647(b), the prosecutor has a burden of proof. If they do, you can face fines, lengthy incarceration, and collateral consequences. If you want to avoid these extreme penalties and consequences, it is wise to retain skilled legal representation. As defense lawyers, the team at Monterey Criminal Attorney understands the stress that a potential conviction or arrest puts on defendants and their loved ones. We know the nature of PC 647(b) criminal charges might feel embarrassing. We can fight to get the criminal charges dismissed or reduced. We can handle your case with the utmost confidentiality and comprehensively analyze the facts of your charges to explain your legal options.

Defining California’s Prostitution and Solicitation Law

The law defines a prostitute as someone who engages in lewd acts or sexual acts with another individual in return for cash or another type of compensation.

Penal Code Section 647(b) PC is the statute that forbids a person from participating in prostitution and solicitation (requesting or offering to pay for sex). In short, it is an offense to make an offer to pay or accept cash or something of value in return for any form of sexual behavior.

Lewd conduct/act means any touching of another individual’s buttocks, genitals, or female breasts with the intention of either:

  • Sexual arousal.

  • Sexual gratification.

Prostitution is anchored in three basic violations, including the following:

  • Agreeing to participate in prostitution.

  • Engaging in prostitution.

  • Soliciting prostitution.

You do not have to complete the proposed sexual behavior to be prosecuted and sentenced for a prostitution charge.

However, you should note that violations of PC 647(b) can be prosecuted against the prostitutes and their clients.

Agreeing to Participate in Prostitution

Based on Penal Code 647(b), the prosecution team has to demonstrate the facts below to secure a defendant’s conviction for a charge of agreeing to participate in prostitution:

  • The accused had the intention to participate in a lewd conduct of prostitution with that individual.

  • The defendant agreed to participate in prostitution with another person.

  • The accused did something to further the crime commission.

For the third element mentioned above, this extra something has to be beyond accepting a solicitation. Perfect examples include the following:

  • Withdrawing cash from an automated teller machine (ATM) to pay the other individual.

  • Handing the agreed-upon payments.

  • Instructing a client who has received a solicitation to undress.

  • Going to an agreed-upon location where the lewd sexual acts will happen.

Engaging in Prostitution

You participate in prostitution if you do any of the following:

  • Willfully participate in lewd conduct or sexual intercourse with another person

  • Act so in return for cash or other compensation

Soliciting Prostitution

Per California law, your solicitation of prostitution occurs if you:

  • Request that another individual participate in prostitution.

  • Act so with the motive to participate in prostitution with somebody else.

For the prosecution to secure a guilty verdict for a solicitation charge, you should have intended to participate in prostitution.

Please note that the following acts do not demonstrate a clear intention to engage in prostitution:

  • Waving at a moving vehicle.

  • Being present in an area known for prostitution.

  • Standing along a street corner while wearing a miniskirt.

  • Nodding to strangers passing by.

Penal Code Section 647(b) Penalties, Sentencing, and Criminal Consequences

Upon your conviction for solicitation and prostitution, you risk facing the following penalties:

  • A sentence not exceeding six (6) months in jail.

  • A maximum fine of $1,000.

A subsequent conviction will result in a mandatory 45 days in county jail, and a third or subsequent conviction will result in 90 days in county jail.

The court can withdraw your driving privileges for thirty days if the crime commission involved a car and occurred within one thousand feet of a house.

Nevertheless, upon your conviction under PC 647 b (3) solicitation involving an underage child, you will be incarcerated and pay a fine not exceeding $10,000.

Unlike other sex crimes, prostitution, and solicitation do not have compulsory sex offender registration obligations under PC 290.

Defenses to Prostitution and Solicitation Charges

Solid and effective defenses against charges of prostitution and solicitation include the following:

Lack of Intent

The prosecution team has to prove there was intent to participate in prostitution. For example, if an individual under prosecution did not intend to give or solicit sexual services, the charges against them could be dismissed.

Police Entrapment

If an undercover law enforcement agent initiated the act of agreeing to participate in prostitution, it could be considered police entrapment. The prosecutor must prove that there was no intent to engage in prostitution before the police officer’s involvement.

Breach of Your Legal Rights

If law enforcement agents breached your Fourth Amendment constitutional right against illegal search and seizure, any obtained proof against you may be inadmissible in court. The police should acquire a valid search warrant and not use it in a manner beyond its scope.

The unlawful search and seizure could weaken your prostitution and solicitation case. If the police violate search and seizure laws, your attorney can file a motion to dismiss your criminal charges.

Inadequate Evidence

The prosecutor should give solid evidence to demonstrate guilt beyond reasonable doubt. If they do not have any convincing evidence, like physical proof or credible witness testimonies, your defense could argue for a dismissal of the charges.

There Was No Compensation for the Sexual Conduct

To be convicted of PC 647(b), there has to be an actual exchange or agreement of compensation for the alleged sexual acts. That you are innocent if there was none. Proving that no agreed-upon compensation happened can be an effective case defense.

You Had No Intent to Participate in Prostitution

A sexual act counts as prostitution only when it was intentionally committed with the knowledge that it was in return for cash or other forms of favors. If there was no exchange of money or favor, then you engaged in no offense.

False Accusations

False allegations are not uncommon in California PC 647(b) cases. An individual can falsely accuse you of prostitution or solicitation because of vengeance, jealousy, or mistaken identity.

Some of the ways to fight false allegations include the following:

  • Stay calm — Being falsely accused can take an emotional toll. Nevertheless, responding and defending yourself angrily or rashly can hurt your criminal case. It can only give the prosecution team more proof against you, even when you feel justified. After the false allegations, do not try to explain to the police what happened but remain relaxed and think cautiously about how you should react.

  • Gather proof supporting your criminal case.

  • Challenge your accuser’s credibility.

  • Seek experienced legal representation.

Related Offenses

There are several associated offenses with prostitution and solicitation. These crimes can be charged alongside or instead of PC 647(b).

Pandering (PC 266i)

Pandering consists of procuring, encouraging, or inducing another individual to become a prostitute or procuring someone else to perform acts of prostitution. The offense is connected to solicitation of prostitution because pandering mostly happens before acts of prostitution, possibly permitting the prosecutor to charge the defendant with both offenses during a single trial.

Following a conviction for pandering, the defendant can face the following penalties:

  • A prison sentence not exceeding six years in California state prison.

  • A maximum fine of not more than $10,000.

  • Felony probation.

If you are found guilty of pandering to a juvenile, then you should register for life as a sex offender and an eight-year prison sentence.

Pimping (Penal Code 266h)

California PC 266h prohibits knowingly receiving financial maintenance or support from the proceeds of another individual following participating in prostitution or receiving compensation for soliciting on behalf of a prostitute.

Before a PC 266h conviction, the prosecutor should prove the following elements of the offense listed under CALCRIM 1150 jury instructions:

  • You knew the person was a prostitute.

  • The cash accepted by the prostitute was your maintenance or support.

  • You requested for or received payments for soliciting prostitution clients.

  • The cash loaned to the prostitute by an individual who operated a house of prostitution supported you.

The penalties for a pimping conviction in California include:

  • A prison sentence of not more than six years in California state prison.

  • Maximum fines not exceeding $10,000.

If the sex worker involved was under 18 years old, the penalties can include:

  • An eight-year prison sentence.

  • Fines not exceeding $10,000.

Loitering Intending to Commit Prostitution (Penal Code Section 653.22)

The offense is also known as loitering to engage in prostitution.

It is primarily men who are prosecuted for this offense if they appear to be searching for a prostitute in a location known to be frequented by prostitutes. Ladies can also be prosecuted for the offense if they are dressed as prostitutes and appear to be hanging out in public places with the intent to make themselves available for prostitution.

A conviction for violations of Penal Code 653.22 is a California misdemeanor, which attracts penalties including:

  • A prison term of up to 6 (six) months in jail.

  • A maximum fine of $1,000.

Indecent Exposure (Penal Code 314 PC)

The law defines indecent exposure as obscene exhibitions, lewd, and other disorderly actions. It involves intentionally exposing your genitals or naked body in a public place to people who could be agitated or offended.

Upon conviction for indecent exposure, you could be subjected to the following penalties :

  • Your first-time crime is a misdemeanor resulting in six months in county, $1,000 in fines, and a ten-year obligation to register as a sex offender.

  • A felony conviction carries a three-year prison sentence. It can also result in a $10,000 fine and sex offender registration.

Lewd Conduct (Penal Code 647a)

Lewd conduct per California Penal Code 647(a) can involve either participating in public lewd acts or soliciting another person to commit this lewd conduct. Lewd conduct involves touching your or somebody else’s buttocks, female breasts, or genitals for sexual gratification when you are aware there are people that your conduct would offend.

The charge usually occurs due to a sting operation and could cause severe collateral repercussions, including embarrassment upon conviction. A misdemeanor conviction can also lead to the following criminal penalties including:

  • A maximum of 6 months in jail.

  • Extensive court fines.

  • Sex offender counseling.

  • Mandatory HIV test.

  • Stay away order from where the lewd conduct happened.

A conviction for lewd conduct can also cause long-term issues for those seeking housing.

Human Trafficking (PC 236.1)

Human trafficking crime is defined as an illegal trade in human beings against their will for exploitation or commercial sexual exploitation. The term commercial sexual exploitation means receiving something of value from someone else’s forced sexual conduct. As per the context of California Penal Code 236.1, force includes fear, force, menace, violence, duress, or threats of violence.

If you are convicted of depriving an individual of their freedom intending to acquire forced services or labor, you will face felony probation, twelve years in state prison, and pay fines of $500,000. Violation of PC 236.1 (b) (depriving a person of their freedom intending to enable a violation of child porn, extortion, pimping, or pandering laws carries formal probation, twenty years in state prison, and a fine of $500,000. Finally, convincing or causing a juvenile to participate in commercial sexual conduct attracts 12 years in prison, formal probation, and $500,000 in fines.

Proceeding To Trial Vs. Plea Bargains: Making a Wise Decision after Violating PC 647(b)

In California’s justice system, plea bargaining is a vital tool. A plea deal is an agreement between the prosecution team and a suspect where the accused pleads guilty to specific criminal charges in exchange for a compromise from the prosecution. The agreement could often lead to reduced charges or a reduced jail term compared to a trial ruling. The law requires the parties to submit their plea deal in court for the presiding judge’s approval.

Plea deals can be a complicated legal process and might only sometimes be a suitable solution based on the case facts. If you are considering a plea deal, it is essential to have an extensive understanding of the judicial process and to enlist professional legal advice.

Unlike plea deals, heading to trial is a more formal procedure where a judge or jury determines the accused’s innocence or guilt or innocence. Here are the different stages of the judicial process:

  • Jury selection.

  • Opening statements from the prosecution team and your defense.

  • Presentation of case evidence and witnesses’ testimonies.

  • Presentation of the closing arguments by opposing sides.

  • Case verdict.

Unlike a plea deal, where the case outcome is known and determined beforehand, a trial’s results are uncertain and decided after all parties present the evidence. The outcome could either be a conviction or an acquittal. If you are convicted, the case proceeds to the judge’s sentencing.

Deciding between engaging in plea negotiations and proceeding to trial needs careful assessment of the proof, possible results, and the case facts. Your defense attorneys should analyze your case and help you decide wisely.

When Is It the Right Time to Hire a Sex Crime Defense Attorney?

An experienced defense lawyer will assist you in understanding the criminal charges you are facing, notify you of your available legal defense options, aid you in considering possible case outcomes, and develop robust defense strategies to help you achieve the best case outcome.

Here is what your lawyer could do to assist you:

  • Advise you — The lawyer will inform you of your constitutional rights, how to beat your charges, and potential case outcomes based on their knowledge and experience of the criminal judicial system.

  • Handle communication on your behalf — Once the police arrest you for prostitution and solicitation, they could use everything you tell them against you. Allowing your lawyer to handle all your communication at every stage of the criminal judicial process could stop you from incriminating yourself or being misunderstood.

  • Have your criminal charges dropped before proceeding to trial — Your lawyer will analyze every possible way to minimize or prevent damage to your reputation.

  • Negotiate for a plea bargain — Sometimes, your lawyer can advise you to consider negotiating a plea offer. The legal counsel can negotiate a plea offer on your behalf and ensure the agreement is fair and in your best interests.

  • Find witnesses and additional proof — It is the prosecutor’s responsibility to prove beyond any reasonable doubt that you committed the sex crime in question. Nevertheless, there could be more witnesses or exonerating evidence that could aid in verifying your innocence that you have not brought forth. A qualified attorney knows where to find evidence that could help you obtain a favorable case outcome.

If you face a criminal charge, the earlier you hire a legal advocate, the better. The longer you wait to seek legal representation, the less time your lawyer will have to develop an effective defense strategy. The best time to retain a lawyer is before law enforcers question or interview you. However, you can still benefit from enlisting legal representation as soon as possible, even if your case has proceeded beyond this point.

Decriminalizing Sex Work

DecrimSexWorkCA, a coalition of former and current sex workers and their allies that promotes the dignity, health, and safety of persons in the sex trade, worked to pass Senate Bill 357 (Safer Streets for All Act).

SB 357 repealed PC 653.22, a law that allowed law enforcers to unjustly profile, harass, and arrest cisgender women of color and transgender women. The law’s subjective nature targeted individuals based on where they stood and how they looked. The fear of arrest increased threats to sex workers, including those trafficked for commercial sex. A conviction creates stigma and challenges in safe housing and employment due to a criminal history.

On the other hand, Senate Bill 357 eliminated the police's ability to arrest and harass women of color and trans women based on the assumption or belief that the individual is a sex worker. According to this law, everyone deserves to exist in public peacefully without fearing violent arrest based on their clothing, how or where they stand, skin color, gender, or who they are.

Sex Workers’ Protection

California passed Senate Bill 233, a risk reduction law for sex workers. The law’s objective is to improve the safety and health of persons in the sex trade in the following ways:

  • An individual can report an offense that they have witnessed or experienced without being prosecuted or arrested for California misdemeanor drug crimes or sex work.

  • The prosecution team cannot use condoms as proof of prostitution.

Condoms Are Not Evidence

Law enforcers cannot seize your condom and use it as probable cause to apprehend you for loitering with prostitution intent, solicitation for prostitution, and public nuisance. A prosecutor cannot use a condom to file a prostitution charge against you. You should contact a public defender if the prosecution attempts to introduce a condom to demonstrate you engaged in prostitution or a police officer takes your condoms.

Please note that Senate Bill 233 does not decriminalize prostitution and other related sex crimes. Instead, it creates new protection for sex workers.

Immunity from Prosecution and Arrest When Reporting an Offense

Per Senate Bill 233, if you report being a witness or victim of a serious felony like robbery, domestic violence, kidnapping, assault, sexual battery, stalking, human trafficking, or extortion, the police cannot apprehend you for a misdemeanor drug crime or crime work you were engaged in at or during the commission of a crime.

The law gives you more incentive to report pimps and johns who could be abusing you or other people.

Find a Competent Sex Crime Defense Legal Counsel Near Me

Beating prostitution criminal charges can be challenging. If you have little or no criminal law experience, you will face an uphill battle, and your reputation, career, finances, and freedom will be in jeopardy. Criminal defense is a highly nuanced aspect of the law that needs expertise and assertiveness. Monterey Criminal Attorney is experienced, driven, and assertive and can give you an edge in the court and insights into the prosecution's strategies and thoughts. We can work aggressively to leave no stone unturned in identifying loopholes in the prosecutor’s evidence against you. Please call us at 831-574-1791 for your free case review or to schedule a no-obligation consultation.