One of the most common complaints about prostitution crimes is that prostitution and solicitation charges are often associated with different punishments. California Penal Code 647(b) determines much jail time for prostitution in California. Under this law, customers and prostitutes face the same punishments for solicitation or prostitution convictions.
This means that sex workers and those accused of soliciting them can face the same penalties, including jail time, fines, community service, and, in rare cases, mandatory sex offender registration. Fortunately, your criminal defense attorney has strategies to defend you when facing solicitation charges.
Understanding Solicitation of Prostitution Under California Law
Solicitation charges require less than most people believe. To prove solicitation, the prosecution generally only needs to prove these elements:
- You asked someone to participate in a sexual act in exchange for valuable consideration
- You intended for the other person to engage in the proposed sexual activity
- The other person received the proposal and reasonably understood it to seek a sex act
Importantly, this definition means that the prosecution does not need to prove other key factors. Such factors can include:
Sexual Act
The prosecution does not need to establish that you engaged in the sex act. For example, an undercover agent could arrest you for solicitation even if you never engaged in sexual intercourse with a decoy.
In this respect, sexual intercourse is not required for a solicitation case. Any lewd act that causes sexual arousal can support solicitation, such as oral or manual stimulation.
Exchange of Money
The prosecution does not need to prove that you paid for sex. Solicitation cases only require that you offer to exchange sex for money or other considerations, such as drugs or favors. The transaction does not need to occur to violate the law.
Agreement by the Other Party
The other party does not need to agree to your proposal or accept your money or other valuable consideration. Your offer violates solicitation laws even if the other party does not accept.
This is how you can be charged with solicitation during a sting operation where the decoy never intended to follow through on the requested sexual or lewd conduct.
Penalties for Soliciting Prostitution in San Diego
Prostitution and solicitation charges are typically misdemeanors in California. They are punishable by the same sentences in most cases. Anyone convicted of soliciting someone 18 or older may face the following penalties:
- Up to six months in county jail
- A fine of up to $1,000
A court can sentence the defendant to one or both of these punishments. Importantly, solicitation was formerly more severely punished, with mandatory jail time for soliciting prostitution in San Diego if you had prior solicitation convictions. Under current law, the judge has the discretion to impose mandatory jail time for soliciting prostitution for repeat offenses, but is not required to.
Normally, a violation of California Penal Code 647(b) does not require sex offender registration. However, judges can order registration if the violation of prostitution laws resulted from a compulsion.
Factors That Can Increase or Reduce Jail Time
The sentence for prostitution and solicitation increases drastically if the sex worker is under 18 or the alleged requester is led to believe so by an undercover police officer. The sentence depends on the age or alleged age of the other person.
If prosecutors allege the person solicited someone 16 or 17, the person may face up to a year in jail and a fine of up to $10,000. The sentence comes with a presumptive minimum jail sentence of at least two days. If the judge wants to deviate from the minimum jail sentence, they must put the reasons in writing.
So, is prostitution a felony, or is it always a misdemeanor? Prostitution can be a felony when prosecutors allege the defendant solicited someone under 16 or a victim of human trafficking under 18. In these cases, the judge has the option to sentence the person soliciting to one of the following:
- Up to one year in jail plus a fine of up to $10,000
- A felony sentence of 16 months, two years, or three years in jail
Someone convicted of prostitution charges involving a minor may also face mandatory registration as a sex offender.
If you’re searching, “How long is prison sentence for prostitution involving a minor after a prior conviction?” it’s important to note that a second or subsequent offense of soliciting sex from a minor is treated as a felony with a sentence of 16 months, two years, or three years of imprisonment. Notably, minors cannot commit an act of prostitution in California.
When Solicitation May Become Trafficking
People facing a charge of soliciting lewd conduct from a minor have a significant challenge. Under California law, someone engages in trafficking if they cause, induce, or persuade a minor to engage in a commercial sex act.
Thus, customers can be traffickers and face punishment under both the solicitation laws and the trafficking laws. A human trafficking conviction can result in a prison sentence of five, eight, or 12 years in prison and a fine of up to $500,000. Child traffickers also face lifetime registration on the sex offender registry.
Factors That May Reduce Punishment
On the other hand, a defendant can reduce the solicitation of prostitution in San Diego if any of the following factors are present:
- The person solicited is 18 or older
- The charge is a first offense
- The person has no other sex offenses
A sentence often includes only probation and a fine without jail time for soliciting prostitution in San Diego as a first offense.
Defensive Strategies That May Reduce Jail Time
A strong defense strategy can help a defendant get their charges dismissed or secure an acquittal at trial. Your criminal defense attorney only needs to create reasonable doubt about any of the three elements of the charge. Some legal defenses for someone defending against prostitution and solicitation include the following:
Lack of Intent
The prosecutor must prove that you had the specific intent to engage in prostitution. The prosecution often proves intent using your communications, such as recordings of your conversation or copies of your text messages.
The prosecution may have insufficient evidence of your intent to pay for a lewd act as required by the prostitution and solicitation statute if these communications only offered the other person money to get dinner or have drinks.
Entrapment
An entrapment defense is somewhat risky because you must admit you intended to engage in prostitution and solicitation. However, your defense is that you were not inclined to do so until induced by the police.
So, for example, suppose that an undercover decoy was very aggressive in approaching you and even simulated a lewd act to get you to agree to an act of prostitution. You might be able to argue entrapment against your charges.
Alternative Sentencing Options for Solicitation Charges
In some cases, the prosecutor’s office may be open to pre-trial diversion. Under this option, the prosecutors pause your case while you meet certain conditions, such as attending a prostitution class, performing community service, and avoiding any further criminal charges.
Once you complete these conditions, your disorderly conduct charge can be dismissed, and you can avoid any criminal penalties. Equally importantly, you generally have no conviction for violating prostitution laws on your record that can interfere with your ability to find employment or gain admission to an educational institution.
Unfortunately, diversion is usually limited to first-time offenders. If you have other violations of the penal code in your record, you and your attorney may need to look for alternatives.
For instance, you might be able to negotiate a plea bargain, reducing your charges or securing a sentencing recommendation from prosecutors in exchange for a guilty plea. A plea bargain might help you avoid jail time for soliciting prostitution in San Diego, in favor of probation.
Why You Need an Experienced Criminal Defense Attorney
Solicitation cases are sometimes built on circumstantial evidence. An undercover officer might flirt and lead you on to entrap you into proposing some form of sexual activity without necessarily intending to engage in an act of prosecution. In other cases, the police might only see or hear part of what occurred between you and another consenting adult and jump to conclusions about what transpired.
When you hire a criminal defense law firm for your case, you have someone in your corner as you face police questioning. Your lawyer can explain what occurred in an attempt to prevent prosecutors from filing charges.
Once charges are filed, your legal counsel can help you understand your risks and the options you have for resolving your case. Your attorney can also advocate for your interests before prosecutors, judges, and jurors.
How Elite Criminal Defense Can Help
While most prostitution charges only carry minor judicial punishments, they can affect your personal or professional relationships, potentially even lowering your standing in the community. A criminal defense lawyer from Elite Criminal Defense can help you fight these charges to preserve your reputation.
Moreover, some charges go beyond a minor misdemeanor offense. Specifically, the law criminalizes soliciting sexual services from minors or someone you thought to be a minor.
In these cases, a conviction can result in a prison sentence and leave you with a felony criminal record. Elite Criminal Defense fights to get a positive outcome in your case, no matter what charges you’re up against.
Specifically, we can help you in the following ways:
- Conduct a free consultation to learn your side of the story
- Investigate your case to ensure the police respected your constitutional rights
- Gather evidence to undermine the prosecution and build your defense
- Negotiate with prosecutors to seek a dismissal, diversion, or fair plea agreement
- Prepare your case for trial if prosecutors refuse a fair settlement
- Present your evidence and legal arguments to a jury and advocate for an acquittal
- Fight for a fair sentence if a jury convicts you
Sex offenses like solicitation are often stigmatizing. Worse yet, you may lose your freedom, at least temporarily, as you serve your jail or probation sentence. But our skilled team can leverage our experience and resources to advocate for your future.
Contact Us to Protect Your Future Today
In many criminal cases, your defense attorney is often the only person with whom you can openly and confidentially discuss your charges. Ultimately, the goal is to secure a positive outcome. Depending on your circumstances, this discussion might lead to defenses that result in a dismissal or reduction in your charges, or an acquittal at trial.
Contact us to talk about your situation and find out how we can safeguard your rights and reputation today.
