Ventura Prostitution

VEntura Criminal Defense Attorney- Prostitution – Sanford Horowitz Criminal Defense, p.c.

CALIFORNIA PENAL CODE 647(B): PROSTITUTION/SOLICITATION DEFENSE ATTORNEY

Ventura is a California coastal city, northwest of Los Angeles. It’s known for its beaches, bars, and surfing spots. Downtown Main Street attracts thousands of tourists through its nightlife and festivals. If you add all of these aspects together, it is the perfect storm for prostitution.

If you have been arrested for “prostitution”, it does not mean that you are guilty. It’s important to vigorously fight a “prostitution” charge because a criminal conviction will stay on your record and can adversely affect job and educational opportunities down the road.

As a former Prosecutor for the District Attorney’s Offices in Santa Barbara and San Diego Counties, Sanford Horowitz and his legal team will offer you a free consultation, investigate the evidence against you, and recommend practical steps to achieve the best possible results in your case. Call us today at (805) 749-5670.

CALIFORNIA PENAL CODE 647(B)

California continues to crack the whip on prostitution, with high-profile arrests making the headlines regularly. The charge is broadly referred to as the act of having sex with another person in exchange for compensation of some kind. In Lompoc, you can face criminal charges for soliciting or engaging in prostitution. You can be charged with a crime of prostitution under California Penal Code 647(b) PC if you:

Agree to engage in prostitution with someone else
Intend to actually engage in the act
Further the commission of the prostitution by taking some other act beyond the agreement

The last element is often in dispute. Simply saying “yes” is not enough. Some other act is required. For example:

Withdrawing money from an ATM machine
Telling the other person to undress
Taking your clothes off
Driving to a location to meet the person for sex or other lewd behavior

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.

SEX

Under California law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both are engaged in an “act of prostitution.” Lewd sexual acts are defined to include touching the genitals, buttocks, or female breast of either the prostitute or client…for the purpose of sexual arousal or gratification. This means that for prostitution, sex is broadly defined to include:

Sexual Intercourse
Oral Sex
Anal Sex
Sexual Touching

COMPENSATION

Compensation does not necessarily mean that money has to exchange hands. Instead, compensation can include anything of value to you, including:

Drugs
Stolen Merchandise
Forged Money
Important Documents
Government Welfare Notes

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LEGAL PENALTIES FOR PROSTITUTION

California’s “pimping and pandering” laws, Penal Code 266h and Penal Code 266i, or Solicitation and prostitution are misdemeanors, not felonies. The exact punishment of a defendant depends on a few factors, such as where the violation occurred and whether this is the defendant’s first offense.
- First offense is punishable with any combination of:
  - Maximum of six months in a county jail (not a state prison)
  - A maximum fine of $1,000
- A second offense is punishable with:
  - A mandatory minimum of 45 days in county jail (not a state prison)
- Third and subsequent offenses are punishable with any combination of:
  - A mandatory minimum of 90 days in county jail (not a state prison)
- 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

There are defenses available in a prostitution case. Here are some of the more common defenses raised in prostitution cases:

INSUFFICIENT EVIDENCE

In some cases, there may not be sufficient evidence to support a prostitution charge.

POLICE ENTRAPMENT

This happens when law enforcement convince a person to commit a crime that they would not have committed in the absence of inducement. You can raise the defense of entrapment in the context of police “stings” in which undercover officers pose as prostitutes or clients enticing others into soliciting or agreeing to engage in prostitution.

4TH AMENDMENT VIOLATIONS

You did not intend to commit theft or any felony crime before you entered the dwelling or vehicle. If the police obtained the evidence against you through a search or seizure that violated your 4th Amendment rights, it can result in a judge declaring the evidence they gathered inadmissible in court. This can significantly weaken the prosecution’s case against you and even result in the prosecution dropping the charges entirely. Keep in mind that many prostitution cases are resolved through the plea bargain process. This involves the defendant pleading guilty in return for a more lenient sentence or reduced charges. Many of these charge reductions allow a defendant to plead guilty to an offense that doesn’t carry the sexual stigma associated with prostitution, helping them avoid the ongoing collateral consequences. Importantly, negotiating a plea bargain is a complicated legal process, so it is crucial for anyone considering one to retain an experienced Santa Barbara criminal defense lawyer to represent them immediately. Some of the charges to which a prostitution charge can be reduced to include the following:

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) 749-5670 or fill out this contact form.

Prostitution FAQ

Can Children Under 18 Be Convicted of Prostitution?

Children under the age of 18 cannot be found guilty of prostitution in California. This resulted from passage of California Senate Bill SB 1322, which California Governor Jerry Brown signed into law on September 26, 2016.

Does 647 B PC Require Sex Offender Registration?

Neither prostitution nor solicitation requires mandatory sex offender registration under California Penal Code 290 PC.

However, a judge has the discretion to require registration if a criminal offense was “the result of sexual compulsion or for sexual gratification.”

Prostitution Defense Attorneys in Ventura

Don’t wait to contact Sanford Horowitz to ensure that your legal rights are protected.

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