Los Angeles Prostitution Defense Lawyers – California Penal Code 647(b)
Accused of Prostitution in California? Call (800) 458-1488
Every person who commits any of the following acts is guilty of prostitution, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
Other Prostitution Crimes
California Penal Code 647(b) prostitution charges can apply to any person suspected of offering, agreeing to, or engaging in a sexual or lewd act in exchange for money, goods, or services. Here are some other crimes you may face along with a prostitution charge.
- Lewd Conduct: California Penal Code 647(a) – Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: a person who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
- Loitering to Commit Prostitution: California Penal Code 653.22 – It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting in a manner and under circumstances which openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution.
- Supervising or Aiding a Prostitute: California Penal Code Section 653.23 – It is unlawful for any person to do either of the following: (1.) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22; or (2.) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
Penalties for a California Penal Code 647(b) Conviction in Los Angeles
Prostitution charges under California Penal Code 647(b) are misdemeanors. The severity of charges a person might face will take the accused person’s history of prior offenses into consideration. Here are the common penalties you’ll face for a first time prostitution offense:
- Summary probation
- Custody time of up to 180 days
- Mandatory HIV testing and attending sex education courses
Legal Defenses for Penal Code 647(b)
An experienced defense attorney will probably use one of these common defenses for a Penal Code 647(b) charge:
- Entrapment: law enforcement officials encouraged a person to commit a crime even after the person expressed not wanting to commit a crime. Arrests tied to police “sting” operations can fall under an entrapment defense.
- Lack of evidence: the court doesn’t have enough evidence of a prostitution crime to convict. Your attorney may be able to show that evidence of a crime is either insufficient or insubstantial.
How is a Prostitution Charge Proven in Los Angeles?
To secure a conviction in a prostitution case, the court will have to show:
- You requested to engage in a prostitution act with another person
- You intended to engage in a prostitution act with another person
- The other person was aware of your request for a sexual act
- You agreed to engage in prostitution with another person
- You did something to further the act of prostitution (such as exchange money, goods, and services for sex)
- You engaged in a sex/lewd act for money (sex/lewd act is defined as touching another person’s body for sexual arousal)
A dedicated criminal defense attorney will be able to build a case that refutes these claims. Without a strong defense attorney on your side, you may face the embarrassment of a prostitution conviction and even time in custody.
Our defense attorneys have helped many people get prostitution charges lowered or dismissed. Contact us today to find out how we can help you. Or Los Angeles sex crime attorneys can be reached at (800) 458-1488.
California Penal Code 647(b): The Basics
Prostitution can be charged under California Penal Code 647(b) if someone is accused of:
- Soliciting prostitution
- Agreeing to engage in prostitution
- Engaging in prostitution
Prostitution charges are brought against alleged prostitutes, the customers or “Johns” accused of hiring prostitutes, and pimps who prostitutes work for. While prostitution is a misdemeanor, this is still a serious crime that will affect your criminal record, background searches, and public reputation. A conviction can lead to jail time, probation, and fines.