Solicitation of a Prostitute in California – Top 4 Defenses

You were busted for asking an undercover police officer to have sex for money. You are now facing a criminal charge of solicitation. Is there any way to challenge it?

Yes. There are four common and effective legal defenses to charges of solicitation of prostitution in California. These are to show that:

1. you were entrapped by the police,
2. you did not intend to have sex,
3. the police lacked credibility, and
4. there is insufficient evidence.

The criminal laws of most states say that you commit solicitation if you:

1. ask someone to perform an act of sexual intercourse or a lewd act, and
2. do so with the intent to have sex or perform the lewd act.¹

A first-time solicitation charge is usually filed as a misdemeanor offense. The crime is punishable by:

• a fine, and/or
• county jail time.

Note that these penalties can increase for a second offense.

1. Is entrapment a legal defense to solicitation charges?

It can be, yes. Entrapment is when a law enforcement officer lures you or induces you into committing a criminal act.²

People usually raise this defense in solicitation cases after they get arrested by an undercover police officer (usually in the course of a sting operation).

The defense works as a complete defense to solicitation provided that you can prove that:

1. the police lured you into requesting sexual acts, and
2. but for this luring, you would not have asked for a sex act.

Entrapment usually involves overbearing official conduct and may involve:

• pressure,
• harassment,
• fraud,
• flattery, or
• threats.³

2. When is “lack of intent” a good defense?

Defense strategies in solicitation cases can involve the concept of intent.

Recall that you are only guilty of solicitation if you:

1. ask someone to engage in a sexual activity, and
2. do so with the specific intent to engage in that act.

Therefore, it is an effective defense for you or your criminal defense attorney to show that you did not intend to have sex.

For instance, maybe you asked a prostitute for a sexual act as a joke or as part of a dare.

Consider the scenario where two young men see a prostitute on a street corner. One says to the other, “you don’t have the guts to walk over there and ask her for sex.” Thinking it would be funny to take the dare, the man approaches the prostitute and asks what he can get for $100.

Here, the man is not guilty of solicitation. This is because while he asked for some type of sex act, he did not do so with the specific intent to actually engage in that act. He asked as part of a dare.

3. Can you raise a defense that the police lacked credibility?

Lack of credibility is often used as a defense with two main sets of facts.

The first is when the police fail to produce videos or recordings to corroborate their reports and testimony. While the police may provide statements alleging an act of prostitution, you can show that the statements lack credibility because there is little evidence to support them.

The second situation is when an arresting officer has a history of misconduct. If this officer testifies in court and says he saw you trying to solicit a prostitute, your defense counsel can try to impeach the officer (or discredit the officer’s testimony) by asking about the misconduct.

4. What if there is a lack of evidence?

You can raise this defense as well in a solicitation case.

Remember that in the criminal justice system, a prosecutor has to prove beyond all reasonable doubt that you are guilty of a crime.

They also have to support their case with credible evidence to meet this burden.

If they cannot do so because of a lack of evidence, then the lack of proof means that your case should get dropped or dismissed.

5. Should you contact a criminal defense lawyer for help?

Yes. If you have been accused of a sex crime, including an act of prostitution or solicitation, seek legal advice from a defense attorney.

A solicitation or prostitution defense attorney or law firm can help by:

• advising you on the specific California laws that apply to your case,
• ensuring that you avoid jail time post-arrest,
• attending court hearings on your behalf,
• taking efforts to help you avoid a criminal record, and
• raising any of the defenses discussed above.

A defense attorney can also work with a prosecutor to help you reach a plea deal.