PROSTITUTION – Generally speaking, prostitution is when someone offers or agrees to have sex or having sex for money.
Whether you are a “John” (customer) or a provider (escort), California law makes it illegal to solicit, pander, loiter or engage in the act of prostitution. The criminal charges range from misdemeanors to felonies in the State of California and the penalties are quite severe.
- Solicitation: Under California Penal Code §647(b), Solicitation (or Solicitation for Prostitution) is the act of directing or asking someone to exchange money for sexual activity.
- Prostitution: Under California Penal Code §653.20(a),Prostitution is the act of exchanging sexual activity for money.
- Pandering: Under California Penal Code §266(i), Pandering is best known as the crime committed by a “pimp”. Pandering includes the following:
- Recruiting prostitutes for hire
- Soliciting customers for a prostitute
- Loitering: Under California Penal Code §653.22, Loitering is the act of lingering on public property without a lawful purpose. When loitering is for the purpose of Soliciting Prostitution, it constitutes a more serious crime, punishable by California law.
The penalties and consequences for these types of sexual offenses can be serious and include:
- Fines & Fees
- AIDS Testing
- Community Service
- Cal Trans (community service)
- Registration as a sex offender
- Public humiliation
- Loss of employment
Other factors that may affect your case:
- Prior criminal history
- Prior convictions
LOS ANGELES AND ORANGE COUNTY
In Los Angeles, Orange County, and surrounding areas, law enforcement agencies have been making prostitution arrests using:
- Sting Operations – Officers who pose as prostitutes, lure would-be customers off the street and into the bedroom, only to be arrested for prostitution.
- Prostitution Ring Breakups – Police officers pose as customers seeking to find sex for hire. This method is the reverse method from sting operations, and once inside supposed massage parlors or with a personal escort, the police will make arrests.
- Online Sex – Many websites offer services for companionship and dating as a cover up for prostitution. Officers act as potential customers, and make arrests based on the illegality of the business. In Los Angeles and Orange County, common website profile ads are targeted from sites as Backpage.com and CityVibe.com.
Some evidence that may be taken into consideration by prosecutors are:
- Possession of condoms by the prostitute or “John”
- The amount of cash that either the prostitute or “John” has on them
- Possession of a client book (black book)
- The attire of the person soliciting
- The type of online advertising if any
- types of words used – companionship, dating, good time, happy ending, roses, etc.
Because your best defense against a charge of solicitation, prostitution, pandering or loitering in Los Angeles, Orange County or surrounding areas is obtaining a skilled and experience criminal defense attorney, contact The Law Office of Jimmy Cha to discuss the facts of your case, potential defenses, and what other alternatives are available to your independent case.