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It is a crime in California to engage in sexual acts for compensation or to promote these acts by organizing prostitution. Hiring someone to perform sexual acts in exchange for compensation is also illegal and is known as solicitation.

If you are facing solicitation charges, speaking to a San Leandro solicitation lawyer may be in your best interests. While facing solicitation charges can be intimidating, understanding your rights and how to assert them is an essential part of a dynamic approach to criminal defense. This could start with speaking with a well-versed criminal attorney about your legal options. En Español.

The Basics of a Solicitation Charge

Similar to prostitution, solicitation is criminalized under California Penal Code §647(b). Under this statute, solicitation involves propositioning someone to have sex for the exchange of some sort of compensation.

Depending on the circumstances surrounding your charges, solicitation is typically a misdemeanor charge. While misdemeanor charges are less serious than felony charges, a first-time conviction for solicitation could still result in up to six months in jail and a fine of up to $1,000. Subsequent convictions may result in even more severe penalties, including up to one year in county jail and a maximum $2,000 fine or even mandatory jail time for solicitation of a minor.

It is important to note that compensation in the context of solicitation does not have to involve the exchange of money. It may also include the transfer of goods and services even if the individual being solicited declines the advance.

Exchanging sex for favors could also be considered prostitution or solicitation. As an example, a police officer who promises not to make an arrest if the individual in question has sex with him or her could be charged with solicitation. A San Leandro solicitation attorney could provide further clarification about how state law defines and addresses this offense.

Statutory Defenses Against Solicitation

Many common defenses to prostitution are also applicable to solicitation. For instance, simply agreeing to pay someone to engage in sexual acts is usually not enough to establish a basis for these charges. The law requires some type of overt act that demonstrates the intent to engage in those acts, without which a criminal charge for solicitation may be invalid.

In the case of a law enforcement sting operation, there might be room to assert an entrapment defense. Entrapment occurs when law enforcement pressures in such a way as to make an otherwise law-abiding citizen engage in some sort of illegal activity.

Finally, depending on the particular circumstances of your case, there could be room to demonstrate that no compensation was exchanged. Given that every case is different, an experienced solicitation lawyer in San Leandro could assist you with a thorough and dynamic approach to exploring the options available to you.

Get in Touch with a San Leandro Solicitation Attorney Today

There are many approaches to defending against solicitation charges. Often, contesting these charges quickly could make a big difference in the outcome of the legal process you might be facing.

A seasoned San Leandro solicitation lawyer could help you take a thorough approach to explore the options available in your defense. Call today to learn more about your rights and how to assert them.

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