Orange County Prostitution Lawyer
Have you been arrested for Prostitution in Orange County?
Our lawyers have handled numerous prostitution cases in Orange County and we believe that our prostitution lawyers can help win your case or get you a significant reduction in sentencing, although every client’s outcome differs on a case by case basis.
Prostitution Lawyer Orange County
647. Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. 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.
Let me break down the laws on Prostitution in Orange County in simpler terms.
Prostitution is defined by the law as engaging in sexual acts for consideration or money. California Penal Code, PC 647(b) a person can be convicted of engaging in prostitution if that person either A) actually engaged in the act of prostitution or agreed to or B) offered to engage in any sexual act in exchange for some valuable consideration or money.
It is important to note the law on Prostituion or Solicitation of Sex in Orange County states that if the person engaging in the solicitation has the specific intent to engage, meaning showing some form of action that can prove the intent to solicit sexual acts for money.
Some acts that show a specific intent include calling out to a person believed to be selling sex, stopping someone in a vehicle on the street or waiving a person down.
Additionally what is important about Prositution in Orange County, is that it does not matter whether or not the person offering sexual acts actually possessed the specific intent to enter into that agreement.
That is how the police can entrap a suspect. If the person offering is a poice officer then it is of no consequence the offer was not real. Entrapment is sometimes a defense that our Prostitution lawyers in Orange County can use to help win your case.
Finally, to help clarify the law fully in lamen’s terms, an additional act beyond just an agreement must be made. That means exchanging some sort of money, or removing clothing, or going to a designated meeting area such as a hotel, or even simply inviting the person offering into the vehicle will show an additional act beyond simply agreeing.
It is also important to note Penal Code 653.23 which states additional parties that may be charged with Prostitution in Orange County. Here are the circumstances underwhich a party may also be charged:
1. Communicating with someone believed to be a prostitute, numerous times.
2. If you supervise or “direct” a person believed to be a Prostitute, that crime would be akin to the “pimp” and is a chargeable offense. Sometimes that charge is raised to human trafficking a serious felony.
3. If you are repeatedly spending time with or “hanging out” with a person believed to be offering sex for money, that can also be charged as prostitution in Orange County.
Orange County Defenses to Prostitution or Soliciation of Sex
1. Lack of Evidence- Here there are numerous ways to prove a lack of evidence. First, if a person charged with Prostitution commited no act in futherance of the alleged agreement, then the case should fail. Second, If a person charged with Prostitution in Orange County did not actually exchange any money or other kinds of consideration, and it was simply engaging in consensual sex, there is no case for prostitution. Finally, a lack of agreement or intent to engage in prostitution will also cause a case to fail.
2. Entrapment- This defense requires that we show the police actually used some form of coercion, beyond simply providing a means or ability to engage in prostitution. Coercion by police is not common however if it rises beyond simply providing the opportunioty to engage in sexual acts than it would possibly work as a defense.
3. Lack of Specific Intent- Here we would show that the person did not want sexual acts in exchange for money, rather they may simply have wanted an activity partner or some other form of companionship.
Prostitution or Solicitation of Sex Orange County - Penalties
Prostitution is a misdemeanor and punishable by up to one year in county jail and possibly a $1000.00 fine. Since, Prostituion is a priorable offense, repeated convictions for prostitution or solicitation of sex may result in harsher or increased penalties.