Arrested for Prostitution or Solicitation (Penal Code § 647(b)) in California?

If you’ve been arrested for prostitution or solicitation under California Penal Code § 647(b), you’re facing criminal charges that could impact your reputation, career prospects, and personal relationships. While these offenses are typically charged as misdemeanors, the consequences can extend far beyond potential jail time and fines.

Before you make any statements to law enforcement or decisions about your case, it’s critical to understand exactly what you’re being charged with, the potential penalties, and what legal defenses may be available to you.

What Constitutes Prostitution and Solicitation Under PC 647(b)?

California Penal Code § 647(b) criminalizes three specific types of conduct related to prostitution:

1. Engaging in prostitution – Performing sexual acts in exchange for money or other consideration
2. Soliciting prostitution – Requesting that someone engage in an act of prostitution in exchange for compensation
3. Agreeing to engage in prostitution – Accepting an offer or solicitation to engage in prostitution

The law defines “prostitution” as engaging in sexual conduct with another person in exchange for money, goods, services, or other compensation. This sexual conduct includes sexual intercourse as well as lewd acts performed for the purpose of sexual arousal or gratification.

For a conviction, prosecutors must prove:

• For engaging in prostitution: You engaged in sexual conduct with someone else, with the specific intent to exchange that conduct for compensation
• For soliciting prostitution: You requested that another person engage in an act of prostitution, with the specific intent to engage in such an act
• For agreeing to engage in prostitution: You agreed to engage in an act of prostitution with another person, with the specific intent to engage in such an act, and you performed some act (beyond mere agreement) in furtherance of the commission of prostitution

Penalties for Prostitution and Solicitation

A first-time conviction for violating PC 647(b) as an adult is a misdemeanor punishable by:

• Up to 6 months in county jail
• A fine of up to $1,000
• Summary probation for up to 3 years

For subsequent prostitution offenses, penalties escalate:

• A second offense can result in a minimum of 45 days in county jail
• A third or subsequent offense can result in a minimum of 90 days in county jail

Additional penalties may include:

• Mandatory AIDS/HIV testing
• Vehicle impoundment if the offense occurred in a vehicle
• Potential community service or counseling requirements
• Driver’s license suspension in some circumstances

Enhanced Penalties When Minors Are Involved

When the prostitution offense involves a minor (under 18), the penalties increase significantly:

• If the minor is 16 or 17 years old: Up to one year in county jail and a fine up to $10,000, or state prison time and the same fine
• If the minor is under 16: Mandatory state prison time and a fine up to $10,000
• For repeat offenders involving minors: Felony punishment with state prison time

It’s worth noting that claiming ignorance of the minor’s age is typically not a defense.

Collateral Consequences of a PC 647(b) Conviction

Beyond the direct criminal penalties, a prostitution or solicitation conviction can have far-reaching consequences:

• Public record of your arrest and conviction
• Damage to your professional reputation
• Difficulty obtaining employment
• Housing discrimination
• Potential loss of professional licenses
• Immigration consequences for non-citizens (it may be considered a crime involving moral turpitude)
• Strain on personal relationships
• Social stigma

Unlike some other sex offenses, simple prostitution or solicitation under PC 647(b) does not require sex offender registration. However, if the offense involved a minor, registration requirements may apply.

Legal Defenses to Prostitution and Solicitation Charges

A skilled criminal defense attorney can employ various strategies to fight prostitution and solicitation charges. Effective defenses may include:

Lack of Intent

Prostitution crimes require specific intent. If you had no intention to engage in sexual conduct for money, this undermines a key element of the crime. For example, if you were simply on a date where the other person expected sex afterward, but there was no explicit agreement to exchange sex for compensation.

Entrapment

Law enforcement sometimes conducts sting operations to catch people soliciting prostitution. If officers induced you to commit a crime you otherwise wouldn’t have committed, this may constitute entrapment. However, merely providing an opportunity to commit a crime isn’t entrapment.

Insufficient Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. If they lack sufficient evidence of any element, you cannot legally be convicted.

No Act in Furtherance

For agreement to engage in prostitution, prosecutors must prove you did something beyond mere agreement, such as withdrawing money from an ATM or driving to an agreed location. Without this additional act, this specific charge cannot stand.

Constitutional Violations

If law enforcement violated your rights during the investigation or arrest, evidence obtained as a result may be suppressed. Common violations include:

• Illegal searches and seizures
• Failure to read Miranda rights before questioning
• Discriminatory enforcement practices

Common Scenarios in Prostitution and Solicitation Cases

Prostitution and solicitation arrests typically arise from several common scenarios:

Law Enforcement Sting Operations

Police often pose as prostitutes or clients online or in known prostitution areas to arrest individuals seeking to buy or sell sexual services.

Online Advertisements and Communication

Many cases now originate from online platforms where law enforcement monitors advertisements and communications related to potential prostitution.

Massage Parlors and Similar Establishments

Businesses that serve as fronts for prostitution are frequent targets of law enforcement operations.

Street-Level Enforcement

Traditional street-level enforcement remains common in certain areas, targeting both potential clients and those offering sexual services.

The Criminal Court Process for PC 647(b) Cases

Understanding the legal process can help reduce anxiety about what lies ahead:

1. Arrest and Booking: After arrest, you’ll be processed, photographed, fingerprinted, and typically released with a citation or after posting bail.
2. Arraignment: Your first court appearance where formal charges are presented and you enter an initial plea.
3. Pretrial Proceedings: Your attorney will investigate, file motions, and potentially negotiate with prosecutors.
4. Diversion Programs: For first-time offenders, diversion programs may be available that allow you to complete education or counseling instead of facing conviction.
5. Plea Bargaining: Many prostitution cases are resolved through plea bargaining, where you might plead to a lesser charge with less stigma attached.
6. Trial: If your case proceeds to trial, a judge or jury will determine whether the prosecution has proven each element of the offense beyond a reasonable doubt.
7. Sentencing: If convicted, the judge will determine your sentence based on statutory guidelines and the specific circumstances of your case.

What Most People Don’t Know About PC 647(b) Cases

There are several important aspects of prostitution and solicitation cases that many people aren’t aware of:

• No sexual act needs to occur: Simply agreeing to exchange money for sexual acts, plus taking some action in furtherance of that agreement, is enough for a conviction.
• Diversion programs are often available: First-time offenders may qualify for diversion programs that allow them to avoid a conviction by completing education courses or community service.
• Human trafficking concerns: Law enforcement and prosecutors are increasingly aware of the connection between prostitution and human trafficking, which may affect how your case is handled.
• “John schools”: Some jurisdictions offer programs designed to educate those arrested for solicitation about the harms associated with prostitution.
• Decoy operations: Undercover officers need only minimal evidence to establish probable cause for an arrest, but proving the case beyond a reasonable doubt is a much higher standard.
• Money doesn’t have to change hands: The compensation element can be satisfied by an agreement to provide anything of value, not just cash.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand that people charged with prostitution-related offenses come from all walks of life, and many are facing extraordinarily difficult circumstances. Whether you made a mistake in judgment or were falsely accused, our approach to defending these cases includes:

• Conducting a thorough investigation to gather evidence supporting your defense
• Analyzing police reports and procedures for constitutional violations or procedural errors
• Identifying weaknesses in the prosecution’s evidence regarding intent, agreement, or acts in furtherance
• Negotiating with prosecutors for reduced charges, diversion programs, or dismissal
• Preparing a strong defense for trial if necessary
• Handling your case with absolute confidentiality and respect

Our goal is to minimize the impact on your life, reputation, and future while fighting for the best possible outcome. We recognize that many prostitution arrests occur in complex circumstances, and we approach each case with compassion and without judgment.

Don’t face prostitution or solicitation charges alone. Contact The Nieves Law Firm today for a confidential consultation. We’ll listen to your story, explain your legal options, and develop a strategy to protect your rights and future.