“Soliciting” Laws in California – 5 Key Things to Know

The term “solicitation” generally means asking for or trying to get something from another person. While relatively simple, the word causes some confusion when applied to California law.

What exactly does soliciting mean in the California criminal justice system?

There are five key things to know about “solicitation” in the context of California criminal law. These are:

1. solicitation can form the basis of a sex crime per Penal Code 647b,
2. the sex offense of solicitation is not the same as an act of prostitution,
3. solicitation to commit a crime is a separate solicitation offense per Penal Code 653f,
4. you can challenge both solicitation crimes with a legal defense, and
5. panhandling, or “soliciting for alms,” is a third solicitation offense per Penal Code 647c.

1. Is solicitation a sex crime in California?

It can be, yes. Under California’s solicitation laws, you are generally considered guilty of soliciting prostitution if you:

1. ask someone to commit a sexual act or another lewd act in exchange for something of value, and
2. do so with the specific intent to engage in a sex act/lewd act with the other person.¹

As to the second element, you must have clearly intended to engage in some type of sexual act to be guilty of solicitation.²

Example: John is standing in a known area of prostitution and waves to a couple of women. He takes no other acts. John is not guilty of solicitation because he showed no clear intent to engage in a sex act.

However, consider the scenario where John approaches a prostitute and offers her $200 to have sex with him and shows her the cash. John is likely guilty of solicitation because his acts exhibit an intent to have sex.

Solicitation in California is typically charged as a misdemeanor. A first-time offense is punishable by:

• custody in county jail for six months, and/or
• a maximum fine of $1,000.³

In my experience, judges rarely impose jail for a first-time solicitation offense. Also, there is no requirement to register as a sex offender.

2. Is solicitation the same as prostitution?

No. Solicitation and prostitution charges are two separate sets of charges in the State of California.

You are typically guilty of prostitution if you:

1. willfully engage in or agree to engage in sexual intercourse with another person, and
2. do so in exchange for money or something else of value (for example, drugs).⁴

Note that prostitution focuses on the actions by the prostitute or “hooker,” whereas solicitation focuses on the acts by the prostitute’s client or “John.”

As with solicitation, I rarely see judges impose jail for a first-time prostitution conviction.

3. Is “solicitation to commit a crime” a different offense?

Yes. Solicitation to commit a crime is a different offense than the sex crime of solicitation.

Under Penal Code 653f, a prosecutor must prove the following to find you guilty of solicitation to commit a crime:

1. you asked another person to commit a “certain criminal offense,”
2. you intended to commit that crime, and
3. the other person received the communication containing the request to commit a crime.⁵

As to the first element above, the “certain criminal offenses” covered by PC 653f include such crimes as:

• robbery,
• burglary,
• grand theft,
• perjury,
• kidnapping, and
• arson.

A prosecutor can charge solicitation to commit a crime as either a misdemeanor or a felony, depending on the severity of the crime that you asked another person to commit.

A conviction under PC 653f can result in:

• jail time or custody in state prison, and/or
• substantial fines.

4. What are the best defenses?

Here at Shouse Law Group, I have represented literally thousands of people charged with solicitation. In my experience, the following defenses have proven very effective with prosecutors, judges, and juries.

1. There was an entrapment. The common scenario I see is an attractive undercover police officer posing as a sex worker in a bar. The officer then zeroes in on a customer and says something like, “I’ll kill myself if you don’t take care of me tonight.” If the customer then offers to pay her for sex, I would argue that he was unduly pressured (“entrapped”) into solicitation because he worried for her life. He would not have solicited prostitution but for the officer’s threat.
2. You were falsely accused. I see cases all the time where accusers levy false allegations out of anger, revenge, or a genuine misunderstanding. For each case, I do a thorough investigation to compile all the evidence available to impeach the accuser’s credibility. Often, I can find the accuser’s motivation to lie in their text messages or voicemails.
3. You had no intention to commit a crime. I have seen people get arrested for solicitation for making a harmless joke like “Let’s rob a bank!” while severely intoxicated and with no appreciation for what they were saying. Unless the D.A. can prove beyond a reasonable doubt you had criminal intent, solicitation charges cannot stand.⁶

5. Is a “solicitation of alms” a different crime?

Yes. The criminal offense of “solicitation of alms” is also referred to as panhandling.

Per Penal Code 647c, you are guilty of panhandling if you:

1. accost people in a public place, and
2. do so to solicit money or other handouts.⁷

Note that “accost” requires more than walking up to someone and asking for money. It generally requires some form of:

• intimidation,
• harassment, and
• threats.⁸

A violation of PC 647c is charged as a misdemeanor offense punishable by:

• up to six months in jail time, and/or
• a maximum fine of $1,000.

From what I have seen, a first-time offense usually results in a fine and no jail time.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Threatening Speech: The Thin Line between Implicit Threats, Solicitation, and Advocacy of Crime – Rutgers Journal of Law and Public Policy.
• Criminal Law: Solicitation in California to do an Act Outside the State – Hastings Law Journal.
• Criminal solicitation, entrapment, and the enforcement of law – International Review of Law and Economics.
• Online solicitation offenders are different from child pornography offenders and lower risk contact sexual offenders – Law and Human Behavior.
• Speech and Crime – American Bar Association Research Journal.