Santa Ynez Criminal Defense Attorney-
prostitution – Sanford Horowitz Criminal Defense, PC
CALIFORNIA PENAL CODE 647(B): PROSTITUTION/SOLICITATION DEFENSE ATTORNEY
CALIFORNIA PENAL CODE 647(B)
- Engage in the act of prostitution;
- Agree to engage in the act of prostitution; and/or
- Solicit another to engage in prostitution.
This means that you can face charges for prostitution if you are:
- The prostitute receiving compensation for sex;
- The person paying to engage in a sexual encounter; or
- The “pimp” arranging a sexual encounter between a prostitute and a client.
While each of these offenses are different, they all have the same outcome. The prosecutor handling your case will be required to establish that you participated in an agreement to exchange sexual acts for compensation. Examples of a California Penal Code 647(B) violation include:
- You offer drugs to a woman in exchange for a “blow job” (even if she is not a prostitute and she says “no”).
- A woman allows you to fondle her breasts in exchange for money.
- A police officer accepts your offer to have sex in exchange for not writing you a traffic ticket.
- Sexual Intercourse
- Oral Sex
- Anal Sex
- Sexual Touching
- Stolen Merchandise
- Forged Money
- Important Documents
- Government Welfare Notes
LEGAL PENALTIES FOR PROSTITUTION
- Up To 6 Months And Jail
- Up To A $1,000 Fine
Prostitution is a priorable offense, meaning that the penalties to which you are exposed can become much more severe with each subsequent offense. A second prostitution offense can result in a minimum of 45 days in jail, and a third offense will put you in the county jail for at least 90 days. A defendant can face additional penalties if arrested while using a car and within 1,000 feet of a residence. In addition to the penalties above, defendants can have their driver’s license suspended for 30 days. Those convicted of prostitution or solicitation can be required to register as sex offenders, though many are not. It is important for you to speak about this possibility with your attorney. The law applies to both prostitutes and their clients. However, some prostitutes also have middlemen, known generally as “pimps.” A pimp is more likely to be arrested for these violations:
- California’s “pimping and pandering” laws, Penal Code 266h and Penal Code 266i, or
- “Supervising or aiding” a prostitute, Penal Code 653.23 PC6
FIGHTING A PROSTITUTION / SOLICITATION CHARGE
4TH AMENDMENT VIOLATIONS
- California PC 415 – Disturbing the Peace
- California PC 602 – Criminal Trespass
- California PC 647(a) – Lewd Conduct in Public
If you are facing a charge of prostitution, Santa Barbara County defense attorney Sanford Horowitz Criminal Defense, P.C. knows the law and the best strategies for your defense. We have extensive experience representing clients throughout the Santa Barbara area and want to help you understand the charges you are facing as well as what your rights are under the law. If you’d like to schedule a consultation about your case, call 805-452-7214 or fill out this contact form.