What Is Penal Code § 647(b), Prostitution and Solicitation for Prostitution?
September 11, 2012 By Greg Hill & Associates
California Penal Code § 647(b) prohibits one from willfully engaging in a sexual act in exchange for money or other goods or services (typically drugs). This seemingly broad definition does not include pimping and pandering, which are separately addressed (Penal Code § 266 and 266i) or indecent exposure (Penal Code § 314). The scope of § 647(b) includes both the prostitute and the customer, also known as a “john.”
A few definitions are helpful toward understanding exactly what is legal and illegal. A sexual act includes sexual intercourse or any lewd act. In turn, a lewd act means any act that involves touching the genitals, buttocks or a female breast with the intent to arouse or gratify sexually. “Willfully” means deliberately, but not necessarily with knowledge that the conduct is illegal.
When one solicits prostitution, such as at a strip club, massage parlor or on Craig’s List (as escort service, call girls or “girls looking to meet guys”), this is also a crime under 647(b), but often more difficult to prove. The difficult part for the prosecutor to prove is usually whether the invitation, offer, lure or advertisement was to engage in an exchange of sex for money or other goods or services. There must be some type of overt act, such as discussing money or drugs being exchanged for sex, withdrawing money from an ATM for sex, or driving to an agreed location for sex.
In other words, if one is merely in an area known to have prostitutes operating and one stops to ask a girl in a miniskirt for directions, this act alone is not a crime. Likewise, if the person wearing a mini-skirt in the same area waives to a passerby, this does not suffice to prove solicitation.
This conduct may, however, be charged as attempted solicitation under Penal Code § 664, but this would be a tough charge to prove. Circumstantial evidence of the defendant carrying money and condoms is often introduced to prove the attempt. If proven, however, the punishment is, by statute, half the punishment for the offense attempted. For solicitation of prostitution, half the punishment would be a maximum of three months in jail and a maximum fine of $500.
In our experience, an arrest for prostitution usually involves both parties. An undercover cop, or even a fully-uniformed copy, arrests our client while in the act in a parked car on a dimly lit street. Or our client is arrested in a sting operation, wherein a female police officer (decoy), often wearing a wire to record the conversation, poses as a prostitute and many men are arrested in a single evening.
Prostitution and soliciting to engage in prostitution are both misdemeanor offenses punishable by a maximum of six months in county jail and a $1,000 fine. If the offense was committed while using a car, the court can suspend one’s license for up to 30 days and issue the individual a restricted license for up to six months. A restricted license means one may still drive, but only to and from work or school.
In Los Angeles County, a first-time offender of violating Penal Code § 314 and who has no other sex offense convictions will usually be offered diversion. This arrangement allows the defendant to go to a one-day “John School,” where he or she is lectured about the dangers of prostitution and health hazards. The defendant may also be obligated to pay a fine to the court. However, once these obligations are satisfied, the case is dismissed.
If diversion is not offered or available, the most common plea bargains involve pleas to amended charges involving disturbing the peace (Penal Code § 415) or trespassing (Penal Code § 602) to avoid a 647(b) conviction on one’s criminal history for any employer to see. Otherwise, a plea to Penal Code § 647(a), “Lewd Conduct in Public,” is sometimes reached, although hopefully not until all efforts for a plea to disturbing the peace and trespassing are exhausted.
When the defendant has a prior conviction for prostitution, the court can impose a punishment of a minimum of 45 days in county jail (Penal Code § 647(k)). On a third offense, the judge can impose a minimum 90 day sentence in county jail. (Penal Code § 647(k)).
Registration as a sex offender under Penal Code § 290 is not required when one is convicted of violating Penal Code § 647(b).
ABOUT THE AUTHOR: Greg Hill, Greg Hill and Associates
Greg Hill is an attorney in Torrance, California and a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Greg Hill & Associates also represents clients in Torrance, Long Beach and the surrounding areas in DUI, domestic violence, drug offenses and restraining orders, among other crimes.
Copyright Greg Hill & Associates
More information about Greg Hill & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
When one solicits prostitution, such as at a strip club, massage parlor or on Craig’s List (as escort service, call girls or “girls looking to meet guys”), this is also a crime under 647(b), but often more difficult to prove. The difficult part for the prosecutor to prove is usually whether the invitation, offer, lure or advertisement was to engage in an exchange of sex for money or other goods or services. There must be some type of overt act, such as discussing money or drugs being exchanged for sex, withdrawing money from an ATM for sex, or driving to an agreed location for sex.
In other words, if one is merely in an area known to have prostitutes operating and one stops to ask a girl in a miniskirt for directions, this act alone is not a crime. Likewise, if the person wearing a mini-skirt in the same area waives to a passerby, this does not suffice to prove solicitation.
This conduct may, however, be charged as attempted solicitation under Penal Code § 664, but this would be a tough charge to prove. Circumstantial evidence of the defendant carrying money and condoms is often introduced to prove the attempt. If proven, however, the punishment is, by statute, half the punishment for the offense attempted. For solicitation of prostitution, half the punishment would be a maximum of three months in jail and a maximum fine of $500.
In our experience, an arrest for prostitution usually involves both parties. An undercover cop, or even a fully-uniformed copy, arrests our client while in the act in a parked car on a dimly lit street. Or our client is arrested in a sting operation, wherein a female police officer (decoy), often wearing a wire to record the conversation, poses as a prostitute and many men are arrested in a single evening.
Prostitution and soliciting to engage in prostitution are both misdemeanor offenses punishable by a maximum of six months in county jail and a $1,000 fine. If the offense was committed while using a car, the court can suspend one’s license for up to 30 days and issue the individual a restricted license for up to six months. A restricted license means one may still drive, but only to and from work or school.
In Los Angeles County, a first-time offender of violating Penal Code § 314 and who has no other sex offense convictions will usually be offered diversion. This arrangement allows the defendant to go to a one-day “John School,” where he or she is lectured about the dangers of prostitution and health hazards. The defendant may also be obligated to pay a fine to the court. However, once these obligations are satisfied, the case is dismissed.
If diversion is not offered or available, the most common plea bargains involve pleas to amended charges involving disturbing the peace (Penal Code § 415) or trespassing (Penal Code § 602) to avoid a 647(b) conviction on one’s criminal history for any employer to see. Otherwise, a plea to Penal Code § 647(a), “Lewd Conduct in Public,” is sometimes reached, although hopefully not until all efforts for a plea to disturbing the peace and trespassing are exhausted.
When the defendant has a prior conviction for prostitution, the court can impose a punishment of a minimum of 45 days in county jail (Penal Code § 647(k)). On a third offense, the judge can impose a minimum 90 day sentence in county jail. (Penal Code § 647(k)).
Registration as a sex offender under Penal Code § 290 is not required when one is convicted of violating Penal Code § 647(b).
ABOUT THE AUTHOR: Greg Hill, Greg Hill and Associates
Greg Hill is an attorney in Torrance, California and a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Greg Hill & Associates also represents clients in Torrance, Long Beach and the surrounding areas in DUI, domestic violence, drug offenses and restraining orders, among other crimes.
Copyright Greg Hill & Associates
More information about Greg Hill & Associates
View all articles published by Greg Hill & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
