In California, it is against the law to engage in or solicit prostitution. Solicitation means requesting another person to engage in prostitution.
To convict someone of solicitation, the prosecution must prove that a defendant “intentionally” asked another person to commit prostitution. Intent often involves offering to pay the other person money or something of value (including narcotics) in exchange for sexual favors.
Keep in mind, even if the other party does not share the same intention, a person could still face solicitation charges. For example, if a person asks someone who is not a prostitute to have sex in exchange for money, he/she can still be charged with solicitation.
However, there needs to be more than a verbal offer to warrant criminal charges. In other words, a person must do something to further the commission of solicitation/prostitution.
Common examples of furthering the commission of solicitation include:
Giving someone else money
Withdrawing cash from an ATM to give to another person
Meet at the location where the sexual encounter is supposed to be
Solicitation in California is a misdemeanor, which carries a maximum jail term of six months and a fine not exceeding $1,000. A person may face driver’s license suspension for up to 30 days – in addition to the jail sentence and/or fine – if he/she uses a car and within 1,000 feet of a residential area to commit solicitation. A conviction will not result in mandatory registration as a sex offender.
If you or a loved one is facing sex crime charges in Newport Beach or Orange County, contact Corrigan Welbourn Stokke, APLC today and request a free initial consultation. Our legal team has over 100 years of collective trial-tested experience!