Wais Azami is a great criminal attorney who routinely defends against charges such as “solicitation for prostitution” in California. Mr. Azami has years of experience as one of the OC’s top criminal defense lawyers. We are centrally-located to all courts in OC.
Solicitation for Prostitution in California
In the State of California (California Penal Code 647(b)), soliciting a prostitute means that you have asked another person to engage in a lewd act or sexual intercourse in exchange for compensation. You can be charged and arrested for soliciting prostitution if are a person 18 years or older and…
- You solicited another person to perform sexual intercourse or engage in a lewd act in exchange for any compensation, including money, or
- You intended to engage in prostitution after the solicitation
For the prosecution to secure a conviction of solicitation, it must be proven there was a specific intent to engage in prostitution. There must be evidence that proves the intent that an offer was made to exchange money or another form of compensation for a lewd act or sexual intercourse. A person cannot be convicted of solicitation for prostitution for simply wearing certain clothing or if they were standing at a specific location that has a reputation for prostitutes. However, no sexual act must be proven in order to be charged or found guilty of solicitation, since the prosecutor only needs to show the defendant solicited to engage in the act of prostitution.
A prostitute or a ‘john’ can be charged with solicitation for prostitution (or agreeing to engage in prostitution). It makes no difference who proposed the engagement.
- Lewd Act Definition with Respect to the Crime of Prostitution:A lewd act as defined for the crime of Prostitution, includes any form of conduct which involves the touching of the buttocks, genitals, or female breast of either the “John” or the prostitute with a part of the other individual’s body for the purpose of sexually gratifying or sexually arousing either individual involved. (See Calcrim Jury Instruction 1153.)Although many people have heard the term “lewd acts” as associated with child sex crimes, such as sexually touching a child or child molestation, the term and definition is also used in the statutory elements or descriptions of other crimes, such as prostitution.Under California Penal Code 647(a), a lewd act is not limited to children; you can also be in violation if you masturbate in a strip club or at an adult movie if there are other persons in the area.
- “John”-Defined with Respect to the Crime of Prostitution:A ‘john’ is a person who offers to pay, or actually does pay money or other compensation, to a prostitute and engages in a lewd act or sexual intercourse with him or her (or asks to engage in the act, if charge is for solicitation). When the term ‘sexual act’ is used, it refers to sexual intercourse or a lewd act. ‘Willfully’ is used to mean you did something deliberately (on purpose), but not necessarily with the knowledge that the action you were engaged in was illegal.
California Prostitution and Solicitation Laws
A prostitute under the law is someone who engages in lewd acts with another person or sexual intercourse in exchange for any form of compensation, including money. This charge falls under California Penal Code 647(b) and is based on three basic violations:
- You are caught engaging in prostitution:
- Engaging in prostitution means you are guilty of willfully or deliberately engaged in sexual intercourse or a lewd act in exchange for any form of compensation, including money
- You have agreed to engage in prostitution
- Agreeing to engage in prostitution is an amendment to Penal Code 647(b). This charge is slightly different from soliciting prostitution since it is for ‘agreeing’ to participate in the actAn example would be if person ‘one’ proposes to engage in prostitution, then he or she can be charged with solicitation for prostitution. If person ‘two’ accepts the offer of person one, then he or she can be charged with agreeing to engage in prostitution.
- If you are charged with agreeing to engage in prostitution, the prosecution must prove:
- You agreed to engage in lewd conduct or sexual intercourse with another person in exchange for any form of compensation, including money
- You had a specific intent to do so, AND
- You performed an act of furtherance of prostitution, such as you gave, received, or procured money as payment, or you traveled to an agreed-upon location to engage in prostitution. Having, or being in possession of items such as a ‘client book’ or condoms can further a case against you. These are not, however, sufficient evidence on their own to prove you are guilty of a prostitution offense.
- You have solicited prostitution:
- Soliciting a prostitute means to request someone to engage in intercourse or a lewd act with you in exchange for any form of compensation, including money. (The accused in this case is the person making the request.)The prosecution must prove:
- You requested another person to engage in prostitution with you,
- You intended to engage in the act, and
- the other party received your request or solicitation. (See CALCRIM 1154)
Penalties for Solicitation for Prostitution
Solicitation for prostitution and the act of prostitution is illegal in California and is charged as a misdemeanor. Possible penalties if convicted of these charges can include:
- Up to six months in jail
- A fine up to $1,000
- If you are a repeat offender, jail time can be increased
- Potential Immigration Consequences
There are other penalties you could face with this charge, depending on the circumstances of your arrest. If you were caught committing prostitution while you were in a vehicle, you could face forfeiture of that vehicle due to it being legally labeled as a “nuisance”. There could be restrictions placed on your driver’s license as well, if the act of prostitution occurred within 1,000 feet of a residence.
Reducing Charges of Solicitation for Prostitution
A prostitution conviction can create damage to your personal and professional life. If the prosecution is not willing to dismiss the charges or offer diversion, and if a jury trial is not the best course of action (although it often times IS in such cases where the prosecutor is being unreasonable) attorney Ann Gottesman can fight to have your charges reduced and changed to a different penal code (a non-prostitution-related charge) to prevent this personal damage to your name.
Some of the common offenses that a prostitution charge can be reduced to include criminal trespass, penal code 602, or disturbing the peace: penal code 415. These charges can be either a misdemeanor or an infraction. Future employers and others will most likely not understand the connection of these charges to prostitution or solicitation; however, law enforcement agencies are aware these charges are often the result of a reduced prostitution offense.
Legal Defense of Solicitation for Prostitution
A prostitution conviction has you facing jail time and possible fines, as well as other consequences. Your professional and personal life may be damaged with this charge affecting your reputation. Your best course of action, if arrested and charged with solicitation for prostitution, is to contact the Law Office of Ann Gottesman. Ann is a compassionate and experienced criminal defense lawyer who has a reputation of fighting for her clients.
A good criminal defense attorney knows and understands how to help a client fight these charges and achieve a positive outcome whenever possible. The details of your case will be reviewed, and a defense strategy will be put into place to ensure the best chances of having your charges reduced or dismissed.
Some of the common defense strategies against these charges include:
- There was a mistake in the facts surrounding your offense:
- A mistake of facts can help have your charges dropped or acquitted by a jury or judge. If you are able to show that the circumstances surrounding your actions at the time of arrest do not demonstrate a specific intent of prostitution or solicitation to commit prostitution, the evidence would be insufficient to sustain a conviction.
- There is not enough evidence to support the charge or secure a conviction:
- The prosecution has to present sufficient evidence in order to secure a conviction under California Penal Code 647(b). They must prove you solicited prostitution or agreed to engage in prostitution beyond a reasonable doubt. Even if your case involves the use of an ‘undercover john,’ or undercover prostitute there may not be any recorded conversation to use as proof. Perhaps the evidence is not strong enough to show that the accused intended to engage in a sexual act with the prostitute. Or there was no extra act in furtherance of the alleged agreement.
- Entrapment was used in your arrest:
- Entrapment happens when a law official such as a police officer, or a person acting in cooperation with law officials, solicits or encourages another to commit a crime they otherwise would not have likely committed and that the officer’s acts are those that would cause even the typical law-abiding person to commit the criminal offense.
- The officer could have used harassment or threats, even flattery, to promote the engagement. Promising an irresistible amount of compensation or claiming another person will suffer injury if the behavior is not done, or promising that the behavior is totally legal and that the undercover officer will face severely negative consequences if the individual fails to agree to the act, are examples of what could support an entrapment defense.
Have you been accused of solicitation for prostitution?
Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our solicitation for prostitution lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.
