CRIMINAL LAW ATTORNEYS
ARE YOU BEING CHARGED
In California, Prostitution is defined as “a lewd act performed in exchange for money or another form of compensation”. Both the person soliciting the act and the person receiving the act can be charged with prostitution.
WHAT IS CONSIDERED PROSTITUTION IN LOS ANGELES CALIFORNIA?
All of the following have to happen to actually be charged with prostitution:
Intent: the accused has to have planned or wanted to engage in the act
Agreement: the people have to agree to want to engage in the act
Act: the accused had to do something to show they were actually going to carry through with the agreement. It does not have to be the act of sex. It can be getting into the car, touching, etc.
WHAT ARE THE POTENCIAL CONSEQUENCES OF BEING ACCUSED OF PROSTITUTION?
Prostitution is a misdemeanor, punishable by up to 6 months in jail and up to $1,000 fine. In addition to the $1,000 fine the court adds penalties and fees which can increase this amount.
If found guilty of prostitution, the accused will now have a PRIORABLE offense on their record. That means that if they are convicted of the same offense again, by law the punishment will be mandatorily increased.
There is an additional penalty if the act was committed in a car and within 1000 feet of a residence.
Many people accused of Prostitution can also be charged with “lewd act in public” and be forced to defend both cases.
There was no intent, agreement, and/or act.
Entrapment: someone is induced to commit a crime they otherwise would not have committed.
Law SB 1322: underage people engaged in the act are decriminalized.
WHAT ARE THE DEFENSES?
IS ENGAGING IN CERTAIN WEBSITE ACTIVITY LIKE ONLYFANS.COM, SEEKINGARRANGMENT.COM, WHATSYOURPRICE.COM CONSIDERED PROSTITUTION?
It depends on the interaction. Websites which directly or indirectly arrange money for sex are on the rise. This is also creating a grey area for what type of activity on these sites would be considered prostitution. Multiple factors have to be considered including the type of interactions, the way money is exchanged, the communications between the individuals.