Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Prostitution (as well as soliciting prostitution) is illegal throughout the state of California. Both engaging in and soliciting prostitution are misdemeanor offenses that carry up to 6 months in jail, and $1,000 in fines.
A law recently went into effect that protects the rights of sex workers, but it did not legalize the acts of buying or selling sex.
However, it is no longer a crime in California to loiter with an intent to commit prostitution.
No. Prostitution is still illegal in California. New laws that went into effect in 2020 did not decriminalize prostitution.
Prostitution is the crime of willfully engaging in sexual intercourse or a lewd act with someone else in exchange for money or something else of value.1
A lewd act is any sexual activity or contact between a prostitute and a customer that involves the following body parts, and is done for the purpose of either sexual arousal or gratification:
The payment that is made does not have to go to the person who is performing the sex act. It can be made to someone else, as well, such as a pimp.3 It can be money or anything else of value, including drugs.
Under the language of the California statutes, both the sex worker and their customer are engaged in an act of prostitution. This means that they can both be charged with the crime of prostitution.4
Prostitution is still considered a criminal act in California. A new law that recently went into effect did not decriminalize it. Anyone charged with this offense should consider establishing an attorney-client relationship with a California prostitution attorney.
California Senate Bill 233, or SB 233, was signed into law on July 30, 2019.5 It went into effect on January 1, 2020. SB 233 made 2 important changes to prostitution law in the state. It:
SB 233 immunizes people from criminal charges if they report certain crimes to law enforcement that, in doing so, would make that person confess to certain drug or sex offenses. It protects people who report being a victim of, or being a witness to, the following criminal offenses:
Anyone who reports one of these offenses is immunized from arrest for the following crimes:
This part of the new law protects sex workers who have seen or experienced a serious crime. Before SB 233 was passed, reporting the offense would involve incriminating themselves. This dilemma had put sex workers in a vulnerable position. Other people knew that sex workers were unlikely to report a crime out of fear of facing prostitution charges. This had made sex workers ripe targets for illegal activities. It also made it easier for other criminal enterprises, especially those involved in sex trafficking, to function.
SB 233 also prevents law enforcement from using condoms to support probable cause to arrest someone for:
Before SB 233 was passed, police used to use condoms as a reason to suspect that someone was a prostitute. They used to claim that it was proof that the suspect was a sex worker. This deterred people, regardless of whether they were actually a sex worker, from carrying condoms on their person. This increased the risk of transmitting sexually transmitted diseases.
Without condoms to support an arrest, it may leave law enforcement with insufficient evidence to secure a conviction.
California recently passed Senate Bill 357 (or SB 357), repealing the California law that prohibited loitering with an intent to commit prostitution.
In addition to decriminalization, SB 357 lets people with prior loitering convictions to petition the court to have this offense dismissed and sealed from their record.
Prior to the passage of SB 357, people could be convicted of a misdemeanor for loitering in a public place in order to engage in prostitution. Suspects could break the law even if they never actually engaged in a sex act for payment.
Convictions for loitering with intent to commit prostitution carried up to 6 months in jail and a fine of up to $1,000.6
In the state of California, prostitution is a misdemeanor sex crime. A first offense carries up to:
Prostitution is a priorable offense. This means that subsequent offenses carry higher penalties, including mandatory minimums of:
If the offense happened in a car or motor vehicle and near a residence, it can lead to a driver’s license suspension.8
However, a conviction for prostitution does not trigger an automatic sex offender registration in California.
Both the sex worker and his or her customer can be liable for prostitution. This makes it essential for all parties involved to get the legal advice of a criminal defense lawyer.
Solicitation is a similar offense to prostitution. While prostitution covers the sexual act and payment, solicitation covers the request to engage in prostitution. Specifically, in California, solicitation is the crime of:
SB 233 covers both solicitation and prostitution. Because of the new law, police officers cannot use condoms to establish probable cause to arrest someone for solicitation. People who report an eligible criminal offense are also immune from prosecution for solicitation.
A criminal defense attorney can help defendants raise the following legal defenses to a prostitution accusation:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.