Prostitution, Solicitation, Indecent Exposure and Pimping

Often times  prostitution and solicitation charges involve a team of undercover officers who monitor public parks and streets/areas known for prostitution in order to affect a large number of arrests for prostitution and solicitation.  It is also extremely common for undercover officers to monitor Craig's List personal ads and to conduct large sting operation via Craig's list to attempt to make arrests for prostitution and solicitation.  Also establishments such as massage parlors, escort services, and call girl services are always subject to strict scrutiny of law enforcement and subject to potential sting operations. 

Solicitation:

Soliciting a lewd act or soliciting prostitution is a crime of words
no sex act needs to actually be committed just a specific intent to solicit a lewd act and
an act in furtherance of prostitutionan act in furtherance of prostitution can include: driving or walking to designated area for meeting point; handing over money, withdrawing money in order to pay for services, giving a verbal command to the man/woman to get undressed etc.

Potential Punishment:

• charged as a misdemeanor under 647(b)
• can face up to 6 months in county jail
• up to $1,000 in fines
• probation period
• mandatory AIDS test
• AIDS education class
• commmunity service or work program
• stay away order form areas known for prostitution
• mandatory minimum jail time for 1 prior conviction for prostitution or solicitation

Prostitution and Loitering for Prostitution:

Prostitution consists of agreeing to engage in act of prostitution, with specific intent to perform the sex act, and doing an act in furtherance of prostitution.  Factors that officers consider to determine whether someone is loitering for purposes of prostitution include:

• possession of contraception such as condoms
• possession of lubricants or  sex toys
• possession of a large quantity of money
• possession of multiple cell phones
• possession of clients lists
• location and time of day or night 
• appearance and dress
• manner

Potential Punishment:

• charged as a misdemeanor under 647(b)
• can face up to 6 months in county jail
• up to $1,000 in finesprobation period
• mandatory AIDS test
• AIDS education class
• community service or work program
• stay away order form areas known for prostitution
• mandatory minimum jail time if 1 or more conviction for solicitation or prostitution

Possible Defenses:

An experience prostitution and solicitation defense attorneys knows that there are numerous plausible defenses in these types of cases including:

• miscommunication
• mistaken identity
• lack of specific intent to commit a sex act 
• entrapment

Indecent Exposure:

Exposing one's genitals in a public place with the specific intent to do so

• these cases often takes place in public parks or in parked cars in residential areas

Potential Punishment:

• charged as a misdemeanor under 314
• can face up to 6 months in county jail
• mandatory sex registration as a sex offender for life
• up to $1,000 in fines
• community service or work program
• stay away order from area arrested in

Pimping and Pandering: ( cal penal code 266h and 266i)

Pimping is the act of knowingly receiving compensation from a person who is committing sex acts of prostitution.  Any person who receives support or maintenance, in part of in whole, from the earning or proceeds from someone working as a prostitute may be charged with pimping.  Depending on the circumstances, there is a lesser offense of supervising or managing a prostitute which may be a misdemeanor charge.

Pandering occurs when one person causes persuades, or encourages another through promises, threats, violence, or another scheme, to become involved with prostitution.  

Potential Punishment:

• felony conviction
• up to 6 years in state prison
• formal probation period or parole period
• high court fines and fees
• AIDS test
• AIDS education class

Lesser Offenses

For all of the above charges, a skilled criminal defense attorney may be able to negotiate for a complete dismissal of the case or at a minimum, a reduction in the nature of the charge to a lesser offense, such as:

• trespass
• disturbing the peace
• drunk in public