Prostitution Sentence & Punishment – California Penal Code 647(b) PC
The sentence for prostitution can be very severe. If you are convicted of prostitution under California Penal Code section 647(b), you face a prostitution sentence of jail time, a large fine, and many other additional consequences. If you have been charged with this crime, do not hesitate to hire an experienced criminal attorney to represent you. The consequences of this crime could be very detrimental to your future. Our attorneys at Wallin and Klarich of Orange County have over 30 years of experience successfully handling these cases. Call us today so that you receive the proper representation for your case. Also, read on to learn more about the prostitution punishment for this offense.
Prostitution Sentence and Punishment: Jail Time
Under California Penal Code section 647(b)1, engaging in, soliciting, or agreeing to engage in prostitution is a misdemeanor. For your first conviction under Penal Code section 647(b), you face a prostitution sentence of up to six months in county jail.
If you are convicted of your second offense under Penal Code section 647(b), you will be required to serve a prostitution sentence of a minimum of 45 days and up to six months in county jail. For your third conviction under Penal Code section 647(b), you will be required to serve a prostitution sentence of a minimum of 90 days and up to six months in county jail.
If you are sentenced to serve your prostitution punishment in county jail, the judge has discretion to determine the length of your sentence. California Rules of Court Rule 4.4202 gives the judge a guideline to determine the length of your prostitution sentence. Also, the judge must follow California Rules of Court Rule 4.4143 when determining whether to sentence you to probation. These prostitution sentence rules are listed below.
Prostitution Sentence and Punishment: Fines
In addition to jail time, you may be required to pay a $1,000 fine. It is in the court’s discretion whether to sentence you to only pay the fine and what the amount of the fine should be.
Prostiutiton Sentence and Punishment: Vehicle Seizure and Forfeiture
In California, your car may be subject to seizure and impound by the government if you engage in an act of prostitution with the use of your car. Your car may also be labeled as a public nuisance vehicle if you use your car to engage in an act of prostitution.
Under California Vehicle Code section 22659.54, the city or county may seize your car and impound it for up to 30 days if you are convicted of more than one violation of Penal Code section 647(b) within the past three years and you used your car to commit or attempt to commit the present offense. If your car is impounded pursuant to Vehicle Code section 2269.5, you will be responsible for all towing and storage costs unless you can show that you were arrested without probable cause.
Prostitution Sentence and Punishment: Driver’s License Suspension
Under California Penal Code section 647(k) and California Vehicle Code section 13201.55, a conviction for prostitution may also result in your driving privileges being suspended. If you engaged in, solicited, or agreed to engage in prostitution within 1,000 feet of a private residence and with the use of a vehicle, then the court may order that your driver’s license be suspended for up to 30 days.
Instead of a complete suspension of your driver’s license, the court may decide to order that your driving privilege be restricted to necessary travel to and from work or school for six months. If it is necessary to drive to perform the duties of your employment, then the court may allow you to drive a vehicle within the scope of your employment. It is in the court’s discretion to determine whether or not to suspend your license, but your Wallin & Klarich attorney can help you argue that a driver’s license suspension would be too severe for the offense that you committed.
Prostitution Sentence and Punishment: Sex Offender Registration
A violation of California Penal Code section 647(b) is not an offense that requires mandatory sex offender registration under California Penal Code section 290. However, the judge maintains discretion to order sex offender registration if he or she finds that it is necessary in your case.
Under California Penal Code section 290.0066, the judge may order that you register as a sex offender if you committed an offense “as a result of sexual compulsion or for the purposes of sexual gratification.” For a conviction of engaging in, soliciting, or agreeing to engage in prostitution under Penal Code section 647(b), the prosecutor will likely be able to prove that the John committed the offense for sexual gratification because he or she is receiving sexual intercourse in exchange for compensation.
Your Wallin & Klarich prostitution defense attorney can help you argue that you should not be required to register as a sex offender. Your attorney will present evidence of your good character, such as your reputation within the community or that this was your first criminal conviction, to help you avoid sex offender registration. We understand that sex offender registration will be a huge burden on your life and will do our best to help you avoid the requirements of sex offender registration.
Prostitution Sentence and Punishment: “John School”
In Orange County and other surrounding areas, the alleged “Johns” (customers of a prostitute) who violate California Penal Code section 647(b) may be given an opportunity to complete a diversion class instead of serving jail time. This is known as “John school.”
“John school” may only be offered to you if you are a first time offender of Penal Code section 647(b) and you have not been convicted of a drug offense or any violent crime. To participate in this program, you must also submit to an HIV blood test. It offers you an alternative to the harsh punishment of jail time in exchange for a promise that you will not attempt to engage in prostitution in the future.
The program uses shame and scare tactics to try to discourage you from engaging in prostitution. You and other offenders will sit and listen in the class for eight hours. You must pay $600 for the class, but completing the class will allow you to avoid any jail time and fines.
If you have been convicted of engaging in, soliciting, or agreeing to engage in prostitution, your Wallin & Klarich attorney may be able to help you enroll in “John school” instead of serving a jail sentence. We know that you value your freedom and will be here to help you find the best alternative to going to jail.
Wallin & Klarich Prostitution Defense Attorneys
If you are facing a prostitution sentence, you ill need to hire an experienced attorney with experience in this field. At Wallin & Klarich, our attorneys are here to help you fight for your freedom. We have over 30 years of experience successfully defending our clients against charges relating to prostitution. We have the skill and knowledge to help you receive a probationary sentence or a class to avoid a jail sentence.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for any questions regarding your case. We will be there when you call.
1. Penal Code Section 647(b): http://law.onecle.com/california/penal/647.html↩
2. CA Court Rule 4.420: http://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_420↩
3. CA Court Rule 4.414: http://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_414↩
4. Vehicle Code 22659.5: http://www.dmv.ca.gov/pubs/vctop/d11/vc22659_5.htm↩
5. Vehicle Code 13201.5: http://www.dmv.ca.gov/pubs/vctop/d06/vc13201_5.htm↩
6. Penal Code Section 290.006: http://law.onecle.com/california/penal/290.006.html↩