Prostitution Defenses – California Penal Code Section 647(b)

Police Entrapment

To make prostitution arrests, law enforcement agencies employ a variety of undercover methods. Such methods include sting operations in which disguised police officers pose as prostitutes to lure and solicit would-be customers. Police may also monitor massage parlors, strip clubs, or online advertisements (e.g., Craigslist) for prostitutes or potential “Johns.”

If a person is charged with prostitution or solicitation following a police sting, a criminal defense attorney may argue entrapment as a defense to the charges. Entrapment occurs when the police engage in conduct that would cause an ordinarily law-abiding person to commit a crime or otherwise break the law. It can also occur if a police officer makes the commission of a crime attractive to an otherwise law-abiding person.

Insufficient Evidence

To establish that the accused had the specific intent to engage in culpable acts of prostitution, the prosecution will attempt to prove the existence of an agreement to exchange money for sex. Police usually obtain this evidence of solicitation or agreement by recording the conversations between undercover police officers and the accused. Without a record of the conversation, the agreement may be difficult to prove. If an attorney can show instead that there was no definite agreement, just casual conversation; or that perhaps there was an agreement to engage in sexual activity, but no discussion as to payment, the court may reduce or dismiss the charge.

If you have been charged with committing acts relating to prostitution, an effectively formulated defense strategy can help you overcome the charges that you face. To protect you against allegations of prostitution, our attorneys at Wallin & Klarich will diligently review the circumstances of your case for any defenses or possible weaknesses in the prosecution’s case. With over 30 years of experience in defending clients against prostitution charges, we will work to ensure that your rights are sufficiently represented. Call us today at 877-230-1528. We will be there for you when you call.