SOLICITATION OF PROSTITUTION
Solicitation of Prostitution, California Penal Code 647(b)
What is solicitation of prostitution in California?
A violation of penal code section 647(b) occurs when someone:
"(1) Who solicits or who agrees to engage in or who engages in any act of prostitution.
(2) A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifest an acceptance of an offer or solictation to so enage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.
(3) No agreement to engage in an act of prostitution shall constitute a violation of this subdivsion 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.
(4) As used in this subdivsion, "prostitution" includes any lewd act between persons for money or other consideration."
So this means the prostitute and the "John" can both be charged with solication of prostitution?
Yes. Both the prostitute and the customer may both be charged for solicitation of prostitution.
What are the consequences of a conviction of solicitation of prostitution?
You face up to six months in the Los Angeles County Jail and up to a $1,000.00 fine. Also you may lose your job depending on the type of job you have.
I never actually had sexual intercourse with the prostitute. Can I still be charged with solicitation of prostitution?
You don't have to complete the act to be charged with solicitation. Often times an average looking female police officer will work vice and is standing on a the street wearing jeans and a t shirt while other police officers are in a police vehicle nearby or awaiting in a motel room. In other instances, police pose as potential customers or prostitutes on craigslist or backpage. One local police agency rented a house and arrested customers as they arrived.
Often times the police will over reach and may cause someone who may not be predisposed to commit a crime to do so. Police have on many occassions been guilty of entrapment which is a legal defense to get your case dismissed. The more offensive the conduct by police, the more likely the case may be dismissed.
I never actually paid any money to the undercover police officer. Can I still be charged with solicitation of prostitution?
Yes. Often times, an undercover police oficer posing as a prostitute will try to engage you in a conversation to have sex for money. They will try to engage you in a conversation tohave sex for money. They will try to entice you even if the subjectmay have never crossed your mind. However, once you agree to the act and agree to meet her in a nearby motel (where other police officers are awaiting to arrest you), this would be grounds for an arrest. However, as noted earlier, entrapment is a legal defense and may be grounds to get your case dismissed or resolved favorably for you.
The Police officer exposed his penis to me, is this a defense?
Many prostitutes report that they suspected that the John may be an undercover police officer so they asked the customer to expose his private part and the officer did. And after agreeing on a price for a particular sex act, the prostitute was arrested. Unfortunately it is not a defense that the officer showed his penis although this could be embarrasing for the officer during cross examination at trial.
Will it make a difference to retain an experienced sex crimes defense lawyer?
Yes Our sex crimes defense lawyers have been successful in helping clients accused of solicitation of prostituion to resolve their cases for disisssals and reduced charges.
Time is of the essence. While the prosecutors and police detective are working around the clock to build a case against you, it is imperative to immediately build a successful criminal defense.
Our Los Angeles Sex Crimes Defense Lawyers try to get information that is helpful to your case to the detective or filing prosecutor before charges are filed. This can lead to a case being rejected for filing and your case dropped.
Successful Track Record. We have kept hundreds of clients out of jail. Our Los Angeles Criminal Defense Attorneys are very familiar with the various jail alternatives available. We have been ranked "Superb" by the nations largest client and peer review legal directory.
Personalized Service. Our Los Angeles Criminal Defense Attorneys give personalized attention to each and every client. We promptly return all phone calls and immediately visit clients in custody.
We are available to help you 24 hours a day, 7 days a week. You may speak to a Los Angeles Criminal Defense Attorney by calling us toll free at 1-866- 548-2529 or at (626) 975-2080. Call us today because we can help you at this very moment.