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.
Crimes by Code
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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Call Us NowCalifornia Penal Code § 653.23 PC makes it a crime to direct, supervise, recruit or aid a prostitute. The offense is a misdemeanor punishable by up to six months in county jail.
We will quote the full language of the code section and then provide legal analysis below:
653.23. (a) It is unlawful for a person to do either of the following:
(1) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647.
(2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
(b) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense.
Examples
Defenses
If you are facing criminal charges under this law, you can challenge them with a legal defense. A few common defenses include showing that:
Penalties
A violation of this criminal code section is a misdemeanor. The crime is punishable by:
Our California criminal defense attorneys will address the following in this article:
Penal Code 653.23a PC makes it a crime to do any of the following two things:
“Prostitution” is defined as any lewd acts/sexual acts between two or more people that takes place for money or other payment.2
The “solicitation of prostitution” is where you:
“Loitering” for the purpose of committing prostitution is defined as lingering or delaying in a public place with the actual intent to commit prostitution. Loitering for the purpose of committing prostitution is no longer a crime. 4
Criminal defense lawyers draw upon several legal strategies to challenge accusations under this statute. Three common ones include attorneys showing that:
A successful defense will show reasonable doubt as to your guilt.
Mistake of fact is a defense where you show that you acted based on an honest mistake, and thus lacked the specific intent to commit a crime. Consider, for example, the scenario where a prostitute’s boyfriend takes some of her earnings, but she tells him that the money is from her regular job as a waitress. The boyfriend is not guilty under PC 653.23 because there is a lack of intent to break the law. He was mistaken as to the true source of the earnings.
Entrapment is often used as a defense when you are charged following an undercover sting. You assert that the police used some type of overbearing conduct to trick you into committing a crime. This defense works so long as you show that you only committed the offense because of the undercover officer’s pressure.
You can always contest a charge by showing that the police violated one of your constitutional rights.
Perhaps, for example, law enforcement:
If any of the above apply in a case, then a judge can reduce or drop your charges.
In the State of California, a violation of PC 653.23a is a misdemeanor offense. The crime is punishable by:
Note that some California sex crimes result in you having to register as a sex offender under Penal Code 290. However, a violation of PC 653.23a, and prostitution charges in general, do not produce this result.
There are four crimes related to supervising or aiding a prostitute. These are:
Under Penal Code 647b, the crime of prostitution is where you:
“Solicitation” is the crime where you ask another to engage in sex acts, sexual activity, or prostitution activity in exchange for money or something of value.
As with supervising a prostitute, a prostitution offense and a solicitation offense are punishable by custody in county jail for up to six months.
Penal Code 653.22 PC – loitering with intent to commit prostitution is no longer a crime.
Under Penal Code 266h PC, pimping is the crime where you derive any support or revenue from another person’s work as a prostitute.
Pimping is a more severe crime than aiding a prostitute. Pimping is a felony offense that can lead to up to six years in prison time.
Per Penal Code 266i, pandering is the crime where you attempt to influence someone to become, or to remain, a prostitute.
As with charges of supervising a prostitute, you can challenge a pandering charge with the defense that police violated one of your constitutional rights.