Prostitution Prosecution – California Penal Code Section 647(b)

Depending on how an individual is involved in allegedly committing an act of prostitution, the prosecution has the burden to prove every element of the offense in order to convict them.

Engaging in Act of Prostitution:

To prove that the accused engaged in an act of prostitution, the prosecution must prove that:

1. They engaged in sexual intercourse or lewd acts with someone; AND
2. They did so in exchange for money or other compensation

Soliciting Another for Prostitution:

To prove that you solicited another person to engage in an act of prostitution, the prosecution must prove that:

1. You requested that another person engage in an act of prostitution;
2. You intended to engage in an act of prostitution with the other person; AND
3. The other person received the communication containing the request.

Agreeing to Engage in Acts of Prostitution:

To prove that the accused agreed to engage in an act of prostitution, the prosecution must prove that:

1. They agreed to engage in an act of prostitution with another person ;
2. They intended to engage in an act of prostitution with the other person; AND
3. In addition to agreeing, they did something to further the commission of an act of prostitution.

Additional Notes:

• A “lewd act” means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of your body for the purpose of sexual arousal or gratification of either person.
• “Sexual intercourse” means any penetration, no matter how slight, of the vagina or genitalia by the penis.
• An act is “willful” when it is done willingly or on purpose.
• A person “engages in an act of prostitution” if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation.