When it comes to the topic of prostitution, many people often ask, "Is prostitution legal in California?" The short answer is no. Prostitution remains illegal throughout the state of California. However, the legal landscape surrounding prostitution is more complex than simply banning the act itself. 

In this blog, we will dive into how California law defines prostitution, the penalties for engaging in it, the concept of solicitation, and new laws that have emerged to protect individuals involved in sex work. We will also explore defenses available for those facing charges related to prostitution.

How Does California Law Define Prostitution?

To answer the question, "Is prostitution legal in California?", we must first understand the legal definition of prostitution under California law. Prostitution is defined in California Penal Code 647(b) PC as the act of participating in sexual intimacy or lewd conduct in exchange for money, goods, or services. 

The term "lewd conduct" usually pertains to any sexual activity or contact involving the genitals, buttocks, or female breasts, performed with the intention of sexual arousal or gratification. This extensive definition captures a comprehensive range of behaviors, including lewd acts with minors making it clear that partaking in sexual acts for compensation is illegal in California.

It's also important to note that prostitution doesn't require the actual exchange of money or services to be considered a criminal act. Even if no payment is made, but there is an agreement to engage in sex or lewd conduct for compensation, it can still be classified as prostitution under California law.

What About Solicitation?

While prostitution involves the act of engaging in sex or lewd conduct for compensation, solicitation is the request or offer to engage in prostitution. So, when asking "Is prostitution legal in California?", it's important to recognize that solicitation is also illegal.

Under California Penal Code 647(b), solicitation refers to requesting someone else to engage in an act of prostitution, intending to engage in prostitution with them, and the other party receiving the request. In other words, solicitation involves initiating or agreeing to participate in prostitution without necessarily carrying out the act.

The key point here is that agreeing to engage in prostitution can lead to criminal charges. Even if money does not change hands, a mere agreement to participate in prostitution activities is illegal under California law.

Latest Prostitution Laws

California has seen significant legal changes concerning prostitution in recent years, primarily aimed at protecting individuals involved in sex work or escort services and improving their safety. 

Senate Bill 233 Sections 3 & 4
SB 233 explicitly targets sex workers' rights in California. Before the passage of this bill, individuals involved in sex work often feared reporting crimes like assault, robbery, or trafficking because doing so could lead to their prosecution for prostitution. 

However, SB 233 introduced immunity for sex workers reporting a serious felony, even if they were engaged in sex work or a related misdemeanor drug offense at the time of the crime. This means that if a sex worker witnesses or experiences a violent crime, they can report it to law enforcement without the fear of being arrested or charged for prostitution-related activities.

Additionally, condoms can no longer be used as evidence of prostitution. Previously, police often used the possession of condoms as probable cause to arrest individuals on prostitution-related charges. SB 233 eliminates this practice, making it clear that condoms cannot be used to support prostitution charges. 

Senate Bill 233 Section 1
Senate Bill 233, Section 1, protects sex workers in California by allowing them to report serious crimes they've experienced or witnessed, such as assault or human trafficking, without the fear of being arrested for prostitution or related offenses. Before this law, sex workers were hesitant to report crimes due to the risk of self-incrimination. By removing this barrier, SB 233 encourages the reporting of crimes, focusing on the offenders rather than criminalizing those involved in sex work.

This legislation is part of a broader harm reduction approach that seeks to improve the safety of sex workers. It ensures they can seek help from law enforcement without the added fear of arrest, fostering a safer environment for individuals in the trade. SB 233 reflects a shift toward recognizing the rights of sex workers and providing them with greater legal protections, promoting justice, and reducing the risks they face.

Senate Bill 357 – The Safer Streets for All Act
In 2022, California passed Senate Bill 357, also known as the Safer Streets for All Act. This law further protects sex workers by repealing Penal Code 653.22, which criminalized loitering with the intent to engage in prostitution. Loitering for prostitution has often been used by police to target sex workers, particularly those from marginalized communities, and arrest them without any actual exchange of money or sex.

Under SB 357, individuals arrested for loitering with intent to commit prostitution can now petition to have their records cleared and sealed. However, it's important to note that prostitution and solicitation remain illegal, and the act of engaging in or soliciting sex for money can still result in criminal penalties.

What Are The Penalties?

So, is prostitution legal in California? No, and those caught engaging in prostitution or solicitation can face serious consequences. As per California Penal Code 647(b), prostitution and solicitation are misdemeanors that can lead to:

• Up to 6 months in county jail
• Fines of up to $1,000

If the person is arrested for prostitution more than once, the penalties can increase. For a second offense, a defendant may face 45 days in county jail, and for a third or subsequent offense, they could be looking at 90 days in county jail. Additionally, if the offense occurs in a motor vehicle or near a residence, it can result in a driver's license suspension.
While a prostitution conviction does not require registration as a sex offender, the penalties can still have long-lasting effects, including difficulty finding employment and housing, as well as an overall impact on one's personal life and reputation.

What Are Some Defenses?

Facing charges for prostitution or solicitation can be overwhelming, but there are potential defenses that may help reduce or dismiss the charges against you. Some common defenses include:

Entrapment
If law enforcement officers use coercion or undue pressure to induce an individual into engaging in prostitution or solicitation, it may constitute entrapment, which can serve as a valid defense. This occurs when law enforcement officers go beyond simply providing an opportunity for illegal activity and actively encourage or manipulate someone to commit a crime they would not have otherwise committed. The defense of entrapment aims to protect individuals from being unjustly ensnared by law enforcement tactics and ensures that criminal charges are based on voluntary actions, not forced behavior.

Insufficient Evidence
In cases where the prosecution lacks clear and credible evidence to prove that a crime occurred, there may not be enough to meet the legal burden of proof beyond a reasonable doubt. This can lead to the dismissal of charges or a reduction in the severity of the charges, as the prosecution must present substantial evidence to support their case. Suppose inconsistencies, unreliable testimony, or missing documentation fail to corroborate the alleged crime. In that case, it can make it difficult for the prosecution to sustain the case, providing a potential avenue for defense.

Lack of Intent
In solicitation cases, the prosecution must prove beyond a reasonable doubt that the defendant intended to engage in prostitution. If the defendant can demonstrate that their actions were misinterpreted or that there was no intent to follow through, this could serve as a strong defense, potentially leading to reduced or dismissed charges.
This may involve proving that any communication or interaction was accidental or ambiguous, with no plan to proceed with the illicit activity.
Consulting a skilled criminal defense attorney who understands prostitution laws is crucial. A knowledgeable lawyer, such as those at Bulldog Law, can guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.