Solicitation of Prostitution, PC 647(b)

What It Means to Solicit for Prostitution

Prostitution involves using your body for sexual purposes with the intention of being paid or compensated. This involves offering sexual services as well as seeking, soliciting, and arranging for these services. There are different forms of prostitution, such as:

• Street prostitution — This form of prostitution involves people who engage in the exchange of sexual services in the streets and other open areas, and most of them work alone or in small groups for monetary compensation or other benefits.
• Escort services — This entails the hiring of services of individuals to engage in sexual activities in private with clients, usually advertised as dating services and
• Prostitution in brothels — These are establishments where multiple individuals offer sexual services.

Soliciting prostitution also involves requesting, offering, or suggesting to another person to engage in sexual conduct for monetary consideration. This will include either initiating or encouraging the undertaking of these transactions.

Further, agreeing to engage in prostitution means agreeing to or planning for sexual acts for a fee. Moreover, even if the act has not occurred, the agreement is enough to lead to legal consequences.

Lewd conduct is very likely to happen when you solicit prostitution. If a person demands sexual activities, they may also perform or solicit lewd acts. California law defines lewd conduct as the touching of the genitals, buttocks, or female breasts of any person with the intent of arousing the sexual desires of either the person making the contact or the other person. This is a crime under Penal Code Section 647(a).

In a soliciting for prostitution case under Penal Code Section 647(b), prosecutors must prove specific elements to secure a conviction:

• Solicitation of prostitution — The state has to prove that you encouraged another person to perform sexual acts for monetary purposes or something of that nature. Thus, the state must prove that when you made a request or an offer, you intended to begin a sexual transaction.
• Agreeing to engage in prostitution — Prosecutors must demonstrate that you willingly accepted to perform sexual favors in exchange for monetary rewards. They have to prove that you agreed or came to a business-like understanding that you would exchange sexual services.
• Engaging in prostitution — The state has to demonstrate that you were involved in sexual activities for cash or other considerations.

Let us examine each of the above elements in more detail.

1. Soliciting an Act of Prostitution

Soliciting an act of prostitution is deemed to have occurred when prosecutors establish two key actions, namely:

• Requesting participation — You have had to request or suggest to another person to perform or receive sexual acts in exchange for monetary returns. It entails overtly approaching the other person for an interaction or propositioning her/him for a commercial sexual transaction.
• Intent to engage — You must have done this with the explicit intention of following through with the sexual act. The state must prove that you intended to perform a sex act with the person you solicited, not just fantasizing about it or even asking someone in general.

State law requires that the prosecutors demonstrate clear and explicit intent. Casual conversations about sexual activities that do not involve a direct offer or request for compensation do not meet this standard.

Statements that are vague or ambiguous, lacking a direct request for sexual services, also do not qualify as solicitation. For an action to be considered soliciting, you must make a specific and clear request for sexual acts in exchange for money or compensation.

Jokes or hypothetical comments about sexual transactions, if not intended as serious offers, do not meet the solicitation threshold. These comments lack the necessary seriousness for legal action. Further, unintentional or accidental communication that does not include a clear proposal or intent to engage in sexual acts is equally not a solicitation for prostitution.

2. Agreeing to Engage in Prostitution

To “agree to engage in prostitution” entails certain activities, specifically:

• You have first to make an explicit agreement with another person to engage in sexual conduct or lewdness in return for money. This agreement shows that both parties are committed to the transaction.
• You also have to demonstrate a clear intent to follow through with the prostitution arrangement. Thus, you must plan to engage in the agreed-upon acts as part of the deal.
• You need to take specific actions to help advance the agreement. It involves performing steps that move the transaction forward, including setting up or facilitating the act for compensation.

3. Engaging in Prostitution

• Engaging in an act of prostitution involves making a deliberate choice to participate in sexual activities in exchange for compensation. You must choose to perform specific sexual acts, including sexual intercourse or lewd behaviors, voluntarily. Therefore, this choice must be voluntary and not forced in any way.
• The transaction requires exchanging these sexual activities for monetary consideration or any other consideration. This commercial aspect is very critical in differentiating the act of prostitution from other sexual-related behaviors. It must be mutually acceptable, voluntary, and a deliberate business exchange.
• Willfulness is crucial here. It means you must act with the explicit intention of receiving compensation for the sexual acts. Hence, it is possible to have planned participation rather than chance participation that may result from other activities.

Who Could Face Charges for Soliciting Prostitution?

Under Penal Code Section 647(b), several individuals can face charges related to prostitution. These include the following:

• Participants in prostitution — If you offer sexual services and/or perform lewd activities in exchange for money or any other consideration, you can be prosecuted. Specifically, anyone involved in performing or receiving sexual services as part of a commercial transaction.
• Solicitors of prostitution — You can also face prosecution if you request or offer to pay somebody to perform sexual activity. For instance, someone who proposes or requests these acts for payment.
• Pimps and procurers — Anyone involved in managing or controlling the business or if he/she derived any benefit from prostitution will face PC 647(b) violation charges. It applies to individuals who facilitate or profit from the prostitution of others.

Common Defenses to Fight Soliciting for Prostitution Charges

You need an experienced criminal defense attorney’s help when you face prosecution for soliciting prostitution. Your lawyer will use a strategy best suited to your case and one that will result in the best outcome. Some of the defenses could include the following:

1. You Were Entrapped

Most prostitution charges result from sting operations where police pose as customers or sex workers to arrest individuals. Even though these operations seek to prevent illegality, they might result in entrapment. Entrapment occurs when an officer encourages a person to engage in a criminal act he/she would not otherwise engage in. If this is your situation, you can assert the entrapment defense.

Your attorney will argue that the police officers coerced or persuaded you to engage in an unlawful act that you were not willing to engage in. Further, the police officers did more than just present an opportunity. They actively pressured or manipulated you into violating the law.

As the defendant, you bear the burden of proving that you would never have offered to engage in prostitution if it were not for the policeman. The law focuses on whether the officers coerced or manipulated you into committing the crime. The court will reduce or dismiss the charges if your attorney proves entrapment.

2. You Were Falsely Accused of Committing the Crime

Being falsely accused of soliciting prostitution comes with grave consequences for both your legal standing and your reputation. These accusations might come from various motivations, including personal grudges or misunderstandings. For instance, if you disagree with someone, he/she can easily frame you just to get back at you or to influence the outcome of a particular situation.

Misidentification is another issue that can lead to wrongful accusations. An accuser may confuse you with someone else, especially if you were in the same environment as the offender. This mistake can result in allegations based on incorrect assumptions rather than solid evidence. Also, some people could lie or even make up allegations of being solicited to avenge, manipulate situations, or gain attention. These false claims can mislead the legal system into arresting and prosecuting you and, thus, exposing you to significant challenges.

You need to work closely with your attorney. He/she will investigate the allegations, examining your accuser’s potential biases or motives. This investigation assists in establishing whether personal vendettas influenced the false allegations. Your attorney will also gather evidence that will disprove the allegations, which could include alibi witnesses or video footage.

With this defense strategy, your attorney can also question your accuser’s credibility. If your accuser has a history of dishonesty or has any personal vendetta against you, this is something that your attorney can leverage. In defending you, your attorney will highlight inconsistencies or lack of evidence to demonstrate that the accusations are unfounded.

3. There is Insufficient Evidence in Your Case

You can contest solicitation charges because the prosecution failed to meet the burden of proof. According to Penal Code Section 647(b), the prosecution has to prove all the elements of the crime beyond any reasonable doubt to secure the conviction.

Your attorney will analyze the evidence presented by the prosecution. The evidence should show that you requested the services of a sex worker, you agreed to indulge in the act, intended to follow through, and that you had taken a step that advanced the act. In particular, your attorney will pay close attention to witness testimonies, review any available surveillance footage, and examine physical evidence that may be available in your case. They will look for gaps or inconsistencies, such as conflicting witness statements or a lack of direct evidence linking you to the solicitation.

With this defense, your attorney could file a motion to dismiss the charges, asserting that the prosecution has failed to prove their case. This may require filing a motion for the courts to dismiss the charges. Alternatively, your attorney could appeal for an acquittal if the matter proceeds to trial.

4. You Did Not Act Willfully

You can also argue that you did not act willfully as a defense. In these cases, intent is the key. The prosecution must establish that you knowingly and deliberately engaged in or solicited the act. Thus, without this intent, their case weakens significantly. Perhaps there was a misunderstanding, or you misinterpreted the situation, which led to actions being perceived as solicitation. If your attorney proves that you did not intend to perform the act, it reduces your culpability.

Moreover, it is possible to use the fact that the actions were accidental or unintentional to your advantage. If your actions were misconstrued or if some people took what you did in the wrong way, then the prosecution would have a hard time proving that you had the requisite intent to commit the crime. This absence of willfulness can be valuable to your case since intent is usually the key element in determining whether or not you committed the crime.

Penalties You Will Likely Face if Convicted of Soliciting Prostitution

Solicitation of prostitution is a misdemeanor violation. If convicted, you can be:

• Imprisoned for up to six months in a county jail and/or
• Fined up to $1,000.

The law calls for a minimum of 45 days in county jail for a second offense and 90 days for a third offense. Moreover, if the crime involved a vehicle or you committed the crime near a residential area within 1,000 feet, you will:

• Face a driver’s license suspension for 30 days or
• Receive a limited license for up to six months.

Lewd conduct in public often accompanies prostitution charges but is considered less severe. The prosecution must demonstrate that:

• The conduct occurred in a public area and
• You knew or ought to have known that it would offend others.

Crimes Related to Solicitation of Prostitution

There are also several other charges that you may be subjected to apart from solicitation of prostitution, depending on the circumstances of the case. These include the following:

1. Pimping and Pandering

Pimping and pandering are serious felony charges under the California laws as defined under Penal Code Sections 266h and 266i.

Pimping occurs when you profit from or financially support yourself through the earnings of a sex worker. If you get money or other benefits from a woman or a man for prostitution, prosecutors will pursue pimping charges against you. This applies even if you did not directly encourage or solicit their actions.

Pandering entails soliciting or urging someone to engage in prostitution or in any way facilitating these persons to do so. If you try to persuade someone to engage in prostitution, you will face prosecution for pandering. The charge stands whether or not the person engages in the act. The mere attempt or effort is sufficient for prosecution.

What Prosecutors Must Prove to Secure a Conviction

For pimping under Penal Code 266h, the prosecution must demonstrate the following:

• You knowingly received money or another benefit from someone’s prostitution earnings.
• You knew that the money or the benefit was derived from prostitution.

For pandering under Penal Code 266i, prosecutors must establish the following:

• You solicited another person for prostitution or procured another person for the purpose of engaging in prostitution.
• You engaged in this conduct for the specific purpose of causing that person to become or remain a prostitute.
• You committed the act with the purpose of promoting prostitution, even if the act was not actually done.

Penalties for Pimping and Pandering

If you are convicted of pimping or pandering, you are likely to face serious consequences. You may end up:

• Serving six years in state prison and
• Be liable to fines of up to $10,000.

Alternatively, depending on the case specifics, a judge could opt for formal probation instead of prison time.

If the case involves a minor, the consequences are even more severe. You could face:

• An imprisonment for up to eight years in state prison.
• A lifetime registration as a sex offender, which can have lasting effects on your personal and professional life.

2. Loitering to Commit Prostitution

According to Penal Code 653. 22, loitering to commit prostitution means staying in a specific area with the intent of engaging in or facilitating prostitution. This charge arises when you remain in a location with the intent to participate in or promote prostitution activities.

What Prosecutors Must Prove

For a conviction, prosecutors need to prove:

• Intent — You intended to engage in prostitution or were going to help others engage in prostitution. Your presence in the area must indicate that you were there to be involved in or support prostitution.
• Loitering — You were loitering or were found ‘hanging around’ a specific area to signify that you were ready to engage in or participate in prostitution.

Penalties for Loitering to Commit Prostitution

If convicted, you face misdemeanor penalties, namely:

• Jail time — You could be jailed for up to six months in the county jail.
• Fines — You may be fined up to $1,000.
• Probation — The court may order probation, including counseling or community service.

3. Overseeing and Helping a Prostitute

According to Penal Code Section 653. 23, any person who procures, supervises, and assists a prostitute is guilty of a crime. This law is directed to those who assist or enable the people involved in prostitution by supervising or helping them.

What Prosecutors Must Prove to Secure a Conviction

You are only guilty if prosecutors establish the following:

• You knew that an individual was involved in prostitution and assisted or oversaw him/her in the same. Your actions have to demonstrate that you knew the prostitution activities were going on and encouraged them.
• You made some specific moves that would help the prostitute — This may include offering them materials that they use in their prostitution, arranging for them to participate in prostitution, or providing them with assistance that will enable them to engage in prostitution.

Penalties for Supervising and Aiding a Prostitute

If you are convicted of the misdemeanor charges, you could face:

• Up to six months in a county jail.
• A fine of up to $1,000.

The court could place you on probation, and this may involve performing community service or attending counseling sessions.