CA Prostitution & Solicitation Laws | Penal Code 647b PC

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There are three basic ways to violate California prostitution law under Penal Code 647(b) PC. Which specific prostitution offense prosecutors have charged you with will determine what facts (otherwise known as "elements of the crime") the prosecution must prove.


Engaging in an act of prostitution


In order to convict you of engaging in an act of prostitution, the prosecutor must prove that you

1.engaged in an act of prostitution, and


2.that you did so willfully.



"Prostitution" means engaging in sexual intercourse or any lewd act with another person in exchange for money or other consideration.

A "lewd" act is defined as any act that involves touching the genitals, buttocks, or female breast of either person by another person that is done with the specific intent to arouse or gratify sexually.

"Willfully" means deliberately or on purpose. It does not require an intent to break the law.


Soliciting prostitution


In order to convict you of soliciting prostitution, the prosecutor must prove that you

1.solicited another person to engage in an act of prostitution, and


2.that you did so with the specific intent of engaging in an act of prostitution.



Depending on the nature of the exchange...and on who initiated the interaction...prosecutors could charge this offense against the prostitute or the customer.

"Soliciting" means to lure; to try to induce or elicit. However, simply soliciting another person without more is insufficient to uphold a Penal Code 647(b) solicitation for prostitution case. The California Court of Appeals has noted that if it were sufficient, simply

being present in a particular place (for example, being in a known area of prostitution),


waving to a passing vehicle,


nodding to a stranger, or even


standing on a street corner in a miniskirt would give rise to this charge.



Soliciting prostitution calls for more. It calls for the specific intent of engaging in an act of prostitution. This intent is typically evidenced by an offer to pay money or other compensation (typically drugs) in exchange for sexual acts...not by a simple unspoken gesture or appearance.

It should be noted that one court has even gone so far as to require a third element of the offense -- that the individual being solicited must actually receive the solicitation.18 As a result, if you can prove that no one actually received your offer to pay for sexual services...perhaps the prostitute didn't hear you or a pimp didn't convey the offer...you can't be convicted of this charge.

In that case, prosecutors could elect to charge you with attempted solicitation...subjecting you to three months in jail and a $500 fine (which is half the maximum amount of jail time and half the maximum fine that are imposed in connection with Penal Code 647(b) charges). Additional penalties for prostitution offenses are discussed in more detail under Penalties, Punishment, and Sentencing, below.


Agreeing to engage in an act of prostitution


In order to convict you of agreeing to engage in an act of prostitution, the prosecutor must prove that you

1.agreed to engage in an act of prostitution with another person,


2.that you did so with the specific intent of engaging in an act of prostitution, and


3.that in addition to the agreement, you performed an act in furtherance of prostitution.



This offense is closely linked to soliciting prostitution. The person who solicits will be charged with soliciting, the person who accepts the solicited invitation will be charged with agreeing to engage in prostitution.

Penalties & Sentencing:

Prostitution, solicitation, and agreeing to engage in an act of prostitution under Penal Code 647(b) PC are all misdemeanor offenses. If convicted, you face up to six months and/or up to $1,000 in fines.

Prostitution / solicitation is a "priorable" offense, which means that the punishment necessarily increases with each subsequent offense.

If you are convicted for your second prostitution or solicitation offense, the judge can order a minimum of 45 days in a county jail. If you are convicted of a third prostitution or solicitation offense, the judge can order a minimum of 90 days in a county jail.