
In California, Penal Code 647(b) makes both the act of prostitution and the solicitation of prostitution illegal in the state. If you or someone you know has been accused of charges under this statute, they will be facing serious legal and personal consequences that can alter the entire course of your life.
Key Elements of Soliciting a Prostitute in California
For the prosecution to secure a conviction for soliciting a prostitute, they must prove:
1. That the defendant requested or agreed to engage in an act of prostitution,
2. The defendant intended to engage in the act, and
3. The defendant took some action to further the commission of the act.
Additionally, this law applies equally to both the person offering sexual services and the person seeking to pay for them.
Definition of Prostitution in California
Under the law against soliciting a prostitute, prostitution is defined as engaging in sexual intercourse or any lewd act with another person in exchange for money or other compensation. A lewd act usually involves touching the genitals, buttocks, or female breasts for sexual gratification.
When a defendant is convicted of this misdemeanor offense, they can face one or all of the following penalties:
· Up to 6 months in county jail,
· Fines of up to $1,000, and
· Potentially the suspension of their driver's license.
Further, if an individual is considered a repeat offender, they can face increased penalties. For instance, a second offense would require a 45-day minimum jail sentence, and a third offense would require a 90-day minimum jail sentence.
How a Criminal Defense Attorney Can Help
There are a number of defenses defense attorney may employ against this type of crime, including:
· Showing that the defendant did not intend to engage in prostitution.
· Challenging the prosecution's ability to prove all the elements of the crime because of a lack of evidence.
· Arguing that law enforcement improp
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