Prostitution Overview – California Penal Code Section 647(b)

Under California law, it is a punishable offense to engage in sexual acts in exchange for money or other valuable goods or services. It is also a crime to solicit, or request sex with the intent to pay or receive money in return for sexual arousal or gratification. Essentially, it is illegal in California to engage in prostitution in any capacity, whether you are the prostitute or the customer (a.k.a “John”).

A person may be convicted under California Penal Code Section 647(b) if the prosecution can prove that the accused willfully engaged in sexual intercourse or lewd acts with another person for money or other forms of compensation. A conviction under this statute may also result if the prosecution can show that the accused requested that another person engage in the act of prostitution or that they agreed to a request and committed some act toward committing the offense.

Prostitution charges can be overcome by effectively arguing certain defenses. Depending on the facts of the accused case, a criminal defense attorney can argue that they lacked the necessary intent to engage in a sexual act for money or that they were unfairly induced into committing the act by police. A successfully argued defense by a skillful attorney can result in a reduced charged or acquittal.

Prostitution, often referred to as the oldest profession, is punishable in California as a misdemeanor offense. If convicted, a person may face up to six months in county jail and/or a maximum fine of $1,000. A conviction under Penal Code Section 647(b) may also result in a suspension of an individuals California driver’s license if they committed the crime within 1,000 feet of a residence and with the use of an automobile. See California Vehicle Code Section 13201.5.

If you are charged with any alleged involvement in unlawful prostitution, it is imperative that you seek the assistance of an experienced criminal defense attorney. A prostitution conviction has lasting effects that can damage your reputation, career, or family life. At Wallin & Klarich, our attorneys understand what you have at stake and will draw from over 30 years of experience in defending clients against prostitution accusations, to help you defend your rights and maintain your innocence. Call us today at 877-230-1528. We will be there for you when you call.