Prostitution is the crime you commit when you offer or agree to any sexual or lewd act in exchange for a benefit like money, valuable materials, services, or any other consideration. It is a serious misdemeanor punishable by jail time and a hefty fine if guilty. A prostitution conviction could result in a damaging criminal record that will affect many aspects of your life, including your career and social life. However, with the assistance of a skilled criminal attorney, you can fight your charges and avoid a conviction and its negative consequences. Your attorney will also guide you through the complicated legal process until a judge resolves your case favorably.

Here are some issues you should know about a prostitution charge if you or a loved one is facing one in Los Angeles today.

Prosecutors' Approach to Proving Prostitution Charges

California PC 647(b) governs the prohibition of prostitution. The definition of prostitution under this law is engaging in, agreeing to take part in, or soliciting prostitution. When you engage in a vulgar act or sexual intercourse for monetary, material gain, or other considerations, you are engaging in prostitution.

For example, a man offers money to a woman as payment for the woman to allow him to caress her breasts. Or a woman offering a blowjob to a man as payment for money or drugs.

If they engage in similar behavior, even respectable members of society can face prostitution charges. No one is immune to charges under this law, including men and women. For example, a female police officer who requests sexual favors from a male suspect as payment for not issuing a traffic ticket could be guilty of prostitution.

Prostitution laws typically prohibit three acts:

  • Engaging in acts of prostitution
  • Prostitution solicitation
  • Accepting to participate in or solicit prostitution

Touching a person's buttocks, genitals, or female breasts for sexual gratification or arousal is considered lewd behavior. Sexual intercourse entails the sexual penetration of a male penis into a female vagina.

Prostitution charges, on the other hand, are notoriously difficult for prosecutors to prove. For the judge to find you guilty, the prosecutor must present sufficient evidence that you solicited, engaged in, or agreed to participate in prostitution. The law specifies the elements of this crime that the prosecutor must prove beyond a reasonable doubt for the judge to find you guilty. These are the elements:

You Willfully Engaged in Prostitution

Remember that prostitution occurs when you engage in or agree to participate in sexual intercourse or lewd behavior with another person in exchange for monetary or material compensation. Willfully acting implies that you did so on purpose or willingly. However, this does not mean you intend to commit a crime or gain an advantage over another person.

You Willingly Participated in a Prostitution Act

You solicit a prostitution act if you ask someone else to participate in prostitution acts with the intent of engaging in prostitution acts with them. For the court to find you guilty of soliciting prostitution, the prosecutor must show a clear indication of your intention to participate in prostitution acts with the said person. Here are some examples of acts that do not indicate a desire to participate in prostitution:

  • Being arrested in an area popular for prostitution
  • Being photographed waving at a passing car
  • Winking or nodding at a stranger
  • Standing in a miniskirt or short dress on a dark street

You Agreed Willfully to Participate in Prostitution Acts

If you face charges of prostitution for agreeing to take part in prostitution, the prosecutor must demonstrate the following for the court to find you guilty:

  • You consented to participate in prostitution with a person who asked you to
  • At the time of your arrest, you intended to participate in prostitution with the said person
  • In addition to agreeing to their request, you did something more as another step in the commission of prostitution

What you do after accepting the invitation is the extra act required under this law to obtain a guilty verdict. Here are some examples:

  • Following the solicitor to the location where you will perform the prostitution act
  • Driving to the place where the sexual or lewd act is to occur
  • Transferring the agreed-upon payments
  • Making an ATM withdrawal of the previously agreed-upon funds
  • Instructing the individual who agreed to the prostitution act to undress or perform the agreed-upon act

You Have the Right to Defend Yourself Against Prostitution Charges

If you or someone you care about is facing prostitution charges, it is essential to know that you can fight your charges in court with the assistance of an experienced criminal defense attorney. If you are successful, the prosecutor can reduce or dismiss your charges. Fortunately, the law allows for various defense strategies that your attorney can employ to influence the outcome of your case. Some of the most effective strategies for your situation include:

The Prosecution Lacks Enough Evidence to Obtain a Conviction

In criminal cases, the prosecution must present enough evidence to establish all elements of the offense beyond a reasonable doubt. It is the only way the judge will find you guilty. The judge must dismiss your case if the prosecutor fails to provide sufficient evidence. When conducting investigations, the police will need to collect more evidence to support your charges. It could be that much of their evidence is circumstantial.

Also, your defense team can cast reasonable doubt on the prosecutor's evidence in court. That will make it difficult for the judge to render a final decision.

For example, if you face charges for soliciting prostitution, the prosecutor must prove that you invited another individual to participate in prostitution acts and that you intended to have sex or participate in lewd acts with them for compensation. The judge will dismiss your charges if they can only prove that you made a request but cannot prove your intent beyond a reasonable doubt.

The Police Entrapped You

Arresting a suspected prostitute or prostitution solicitor in the act could be difficult for the police. Most prostitutes conceal their activities well, prompting law enforcement to work undercover to uncover these tracks. The police have uncovered so many crimes while working undercover that they would have been difficult to crack if they had followed the regular procedures. However, some of the tactics used by undercover cops have received severe criticism.

For example, the police can use entrapment to trick a suspect into committing an offense. Then, they can arrest the offender in the act of crime. Entrapment works exceptionally well in undercover prostitution operations. However, it can be used as a defense if you can demonstrate that you committed the said crime only due to police entrapment.

The police could have used intimidating behavior, fraud, force, or tricks to entice you to commit a crime. However, you must persuade the jury that you only engaged in or agreed to prostitution due to the undercover officer's overbearing behavior. If this strategy works, the judge will throw out any evidence gathered by the police during the undercover operation.

You Are Falsely Accused

False accusations are common in criminal cases and can lead to the conviction of an innocent person if the police and defense do not conduct an extensive investigation. You could face false accusations of engaging in, agreeing to, or soliciting prostitution. Your accuser could do this because they are jealous of you, want revenge, or want to protect someone else. Regardless of why they falsely accuse you, you can fight your charges to avoid an unjust conviction.

Your defense attorney can look into your relationship with your accuser to determine why they would falsely accuse you of something you did not do. They can also use an alibi to convince the jury that you were not present at the crime scene. If the judge agrees to this strategy, the court will dismiss all charges against you.

You Had No Intention of Engaging in Prostitution.

If you face charges for soliciting prostitution, the prosecutor must also prove that you planned to participate in prostitution to obtain a guilty verdict. It is not enough that you asked someone else to participate in prostitution. The prosecution team must demonstrate your intent to commit the alleged crime.

Did you, for example, do anything else in furtherance of the crime?

It is possible you were only interested in seeing or hearing the other person's reaction if you asked them to participate in prostitution. You are not guilty under this law if you did not intend to participate in sexual acts for compensation.

The Implications of a Prostitution Conviction

A prostitution conviction would occur if the prosecutor possessed all of the evidence required to prove all elements of your case beyond a reasonable doubt. When this happens, it is beneficial to understand the consequences of the conviction and what you can do to avoid the severe consequences in various aspects of your life.

The Punishments

First, a conviction will result in criminal penalties imposed by the judge during sentencing. Because California PC 647(b) is a misdemeanor under California law, you will almost certainly face the following penalties if a jury convicts you of engaging in, agreeing to take part in, or soliciting prostitution:

  • Misdemeanor or summary probation
  • Time in jail for a maximum of six months
  • A maximum court fine of $1,000

Please remember that these are the penalties you face if this is your first sentence under this law. If you are a repeat offender, you could face the following additional penalties:

  • An additional 45 days to your jail time if it is your second offense
  • A further 90 days to your jail time if it is your third or subsequent offense

How Probation Works

When a judge issues a final verdict for a misdemeanor offense, you could be sentenced to jail for the maximum time allowed by law or placed on probation. The facts of your case primarily determine this. For example, following your prostitution conviction, the judge could sentence you to probation rather than jail for six months. In that case, you will serve the entire term of your sentence outside of jail.

You will be on probation for one to three years for a misdemeanor, during which time the court will directly monitor you. Throughout your probation, you will submit periodic progress reports to the judge for the judge to understand how well or poorly you are performing on probation. The judge will consider these reports when deciding whether to continue or cancel your probation and send you to jail for the period specified by law for the specific offense.

The judge will also impose probation terms and conditions that you must follow throughout your probation period. The facts of your case usually determine probation conditions. They must be reasonable and practical and could include the following:

  • You must pay all court fines associated with your case.
  • To perform community service for a set number of hours
  • To go through drug or alcohol treatment
  • While on probation, you must not commit any crimes.
  • To remain within the jurisdiction of the court
  • If you do not already have a permanent job, you should look for one.
  • During the probation period, avoid going near specific locations or people.

If you complete probation, you can resume your everyday life. However, if you do not complete your probation or comply with the court-ordered conditions, the judge will hold a probation violation hearing to discuss the circumstances of your violation. The judge will make one of three decisions after this hearing:

  • To continue probation under the same terms and conditions but with a strong warning against further violations.
  • To continue probation, but with new and stricter probation conditions and a stern warning against further violations.
  • To revoke your probation and imprison you for six months as required by law.

Conviction Record Expungement

A prostitution conviction will leave you with a tarnished criminal record that will most likely have far-reaching consequences. For example, it will influence how you interact with your family and friends. If you receive a prison sentence, it could be difficult to resume your relationship with your loved ones where you left off. Some people lose their families permanently as a result of a criminal conviction.

A criminal conviction could also result in the loss of your job. You will also face difficulties finding a suitable job after serving your sentence. Prospective employers conduct background checks on potential employees. If a potential employer discovers that you have a criminal record, you could lose a vital job opportunity, even if you have the necessary qualities.

That is why you should consider a criminal record expungement once you have served your sentence. If the judge sentenced you to jail after your conviction, ensure you have served all your jail time, paid all court fines, and served any other penalties imposed during sentencing. Then you can petition the judge to have your conviction record sealed.

Expungement removes all the negative consequences and limitations of a criminal conviction. When people conduct a background check on you, an expunged criminal record does not appear. As a result, employers cannot hire you based on your criminal history. Landlords cannot refuse you the opportunity to rent or lease their property because they cannot find a criminal conviction on your record. You must only disclose the sentence after it has been expunged when applying for a government job. However, if a potential employer inquires about your criminal history, you must respond truthfully.

To petition the court to expunge your criminal record, you must have completed your jail time, probation, and payment of all court fines and restitution (if it applies to your situation). If you are still on probation and are ready to file the petition, you must first request an earlier termination of probation from the judge. If you have performed well during probation and have not broken any probation terms, the judge could grant you an early termination. If the judge grants your request and the court terminates your probation, you can file an expungement petition immediately.

You will need legal assistance and guidance during these legal processes to ensure a successful outcome of the matter. A skilled criminal lawyer will know when it is appropriate to file for expungement or early probation termination. They will also know how to fight for a fair outcome if the judge holds an expungement hearing. Your attorney will represent you and fight until the judge grants your petition.

Find a Reliable Criminal Defense Lawyer Near Me

Do you or someone you care about in Los Angeles face prostitution charges?

Understanding the charges, the legal processes involved following your arrest, and how you can fight your charges for a favorable outcome is beneficial. A skilled criminal defense attorney ensures a smooth legal journey and a strong defense against your charges.

The Los Angeles Criminal Attorney's team of capable criminal defense attorneys will accompany you on this difficult journey. We employ the most effective defense strategies to persuade the judge to reduce or dismiss your charges. We will also be present throughout all legal processes to provide physical and emotional support during this challenging time in your life. Call us at 424-333-0943 and tell us about your situation.