Prostitution

Prostitution

Prostitution is illegal in California. Prostitution means to engage in sexual conduct for money or other consideration. A conviction for prostitution is a misdemeanor, resulting in a conviction for disorderly conduct. California Penal Code Section 647 (b) states in part:

“A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.”

The following actions may give rise to a charge of prostitution:

 Any act committed with the intent to sexually arouse or gratify, involving the touching by any part of one person’s body against buttocks, genitals, or the female breast.
 Loitering in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act
 Loitering or wandering upon the streets or from place to place without apparent reason or business and refusing to identify or account for his or her presence when requested by any peace officer so to do. Having to identify oneself occurs if the surrounding circumstances would indicate to a reasonable person that the public safety demands this identification.

The punishment for prostitution increases if there have been prior convictions for the same offense:

 Convicted once before: incarceration in the county jail for a minimum of 45 days. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. The court does not have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
 Convicted two or more times: incarceration in a county jail for a minimum of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days.
 In addition to the punishment described above, a court may suspend a person’s driving privileges for a maximum of 30 days, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle.
 If intravenous drugs are involved, the judge may impose an additional fine of $70.
 In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the court may also allow the person to drive in that person's scope of employment.
 If an arrestee for prostitution has been informed that they have tested positive for the AIDS virus, and they are arrested again for prostitution, then they will be charged with a felony.