The primary law dealing with prostitution and solicitation of prostitution in California is Penal Code Section 647(b).  It prohibits engaging in prostitution, soliciting another to engage in prostitution, and agreeing to engage in prostitution.  There are also more specific prostitution laws dealing with pimping, escorting (without a permit) and loitering with the intent to commit prostitution (PC 653.22).  This article also explains some of the defenses available when someone is charged with a prostitution offense.

Frequently, solicitation and prostitution arrests in Los Angeles (Hollywood and Van Nuys), Orange County, San Diego and Riverside involve undercover sting operations by local police vice units.  Undercover officers may pose as prostitutes, attempting to lure people into a solicitation charge, or may pose as "johns" attempting to catch prostitutes in the act. 

SOLICITATION
In order to prove someone is guilty of the misdemeanor offense of solicitation of prostitution, the government must prove that the defendant (1) requested that another person perform sexual acts for money (or other compensation), (2) intended to engage in sex acts (or for another to do so), and (3) that the request was actually heard/received (but regardless of whether the request was accepted or denied).  Entrapment is one of the most common defenses to PC 647(b).  If police engage in behavior that would induce a law-abiding person to commit a crime, then entrapment might be a good defense.  A good-looking undercover, preying on lonely people might just go too far to get a conviction.  Additionally, sometimes people joke around with prostitutes or about prostitution.  Statements like "I'll give you $5..." or "I'll give you $1,000,000..." both indicate a lack of intent to actually engage in prostitution.  This defense might be available in a variety of circumstances.

ENGAGING OR AGREEING TO ENGAGE IN PROSTITUTION
The government can convict someone of the misdemeanor offense of prostitution under PC 647(b) for willingly engaging in sex acts for money or other compensation (often drugs) OR by proving all three of the following: (1) defendant agreed to engage in prostitution, (2) intended to engage in prostitution, and (3) made some affirmative step towards engaging in prostitution.  The defenses of entrapment and lack of intent (joking, for example) do apply to engaging in prostitution as well.  Moreover, the vice officers might not execute the sting properly and may make an arrest too early (before an affirmative act shows intent).

LOITERING WITH THE INTENT TO COMMIT PROSTITUTION
When police are unwilling or unable to try to catch someone in the act of prostitution, they can arrest suspected prostitutes for loitering.  PC 653.22 makes it a misdemeanor (punishable by a fine of up to $1000 and six months in jail) to loiter with the intent to commit prostitution.  Loitering doesn't really require any suspicious behavior, just hanging around longer than a police officer sees fit.  The government tries to prove intent to commit prostitution by saying that an area is known for prostitution, by clothing, by behavior (flagging down cars/pedestrians) and even prior acts or contacts. 

ESCORTING / ESCORTING WITHOUT A PERMIT
Many people attempt to circumvent prostitution laws by marketing themselves as "escorts" not prostitutes.  Instead of taking money for sex, escorts are paid for "social companionship" which everyone knows will lead to sex.  By not contracting for any specific services, escorts are not agreeing to engage in prostitution.  And by spending a significant amount of time with their "clients" (having dinner or watching a movie), the inevitable sex just seems like an add-on (like free peanuts at a bar).  Clients and undercover officers alike will want to know what exactly they're getting for their money, which often leads escorts to mention sexual services in violation of prostitution laws.  Escorts who carefully maneuvers this legal loophole might still be charged with a misdemeanor in certain municipalities.  The Los Angeles Municipal Code (LAMC 103.107) makes it a misdemeanor to escort without a permit.  Here's the kicker: they don't give out any permits.  Essentially, Los Angeles has outlawed escorting by requiring, but never issuing, escort permits.

PIMPING
Big Daddy Kane might say it "Ain't Easy," but pimping is a very serious crime in California.  Unlike the misdemeanors discussed above, pimping is a felony, punishable by three, four or six years in California State Prison.  PC 266h defines pimping as:
"any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping."
Pimping a minor carries under 16 carries a California state prison sentence of three, six or eight years.

EXAMPLE:
Peter is on his way to his home in Van Nuys.  He was hanging out with friends, and joking around having a good time. at a sports bar.  A few blocks from the bar, he encounters a woman, dressed very provocatively, who he believes is a prostitute.  The woman explicitly offers to perform sexual favors for Peter.  Peter says that he is on his way home to his wife.  The woman persists and makes an offer again.  This time, Peter decides to joke around with the woman a bit and says "I'll pay you an extra $50 if my wife can watch."  It turns out that the woman was an undercover LAPD officer, engaging in a sting operation to catch people for solicitation of prostitution.  Not realizing that Peter was joking, the officer arrests Peter and he is later charged by the LA City Attorney's Office with Solicitation of Prostitution (PC 647(b)).

Maintaining his innocence, and having never intended to actually engage in a prostitution transaction, Peter hires a Van Nuys Criminal Defense Attorney to represent him at the Van Nuys Courthouse.  Peter's defense lawyer discusses the case with the city attorney and explains what happened.  The City Attorney refuses to dismiss the case, but offers to reduce the charge to PC 415 (disorderly conduct).  Knowing that he did not break the law, Peter chooses to fight his case instead of taking the plea deal.  His lawyer sets the case for trial and the judge sets a future date for jury selection.  On the morning of jury selection, the judge and city attorney begin to question whether the case is worth taking to trial and clogging up the court system.  Peter's lawyer again asserts his client's innocence and urges that he will not take a plea deal for joking around.  The lawyer points out that the statements appear to be obvious jokes, stating that there was never any real intent.  Finally, after some headache and hard work, the case is dismissed.

If you, or someone you know has been charged with prostitution, solicitation, pimping, or any other crime in Los Angeles, contact a Los Angeles Criminal Defense Attorney at the Law Offices of Nicholas Loncar for a free consultation.  You may be able to avoid a conviction or avoid other negative consequences and having the right attorney on your side is the first step. 

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar