How to Defend Yourself: When Is Soliciting Against the Law in Los Angeles
Is soliciting against the law? Absolutely. Solicitation charges under California Penal Code 647(b) carry serious criminal penalties that can impact your freedom, reputation, and future opportunities.
Facing such accusations is daunting, but understanding your legal rights and building a strong defense can significantly influence your case outcome. The prosecution must prove specific elements beyond a reasonable doubt, and numerous defense strategies exist to challenge their case.
This guide walks you through California's solicitation laws, immediate steps to protect yourself after an accusation, effective defense strategies, and how skilled legal representation can safeguard your rights and future.
Understanding California Solicitation Laws
California Penal Code Section 647(b) defines the specific actions that constitute criminal solicitation. Both sides of the transaction face potential prosecution, making this law applicable whether you allegedly offered money for sexual services or agreed to provide such services for compensation.
What Qualifies as Solicitation Under PC 647(b)
Solicitation occurs when you request another person to engage in prostitution with the intent to participate in that act yourself. This differs from actually engaging in prostitution, which involves the completed exchange of sexual acts for compensation. The law defines prostitution broadly to include any lewd act between persons for money or other consideration.
A lewd act encompasses touching the genitals, buttocks, or female breast of either party with any part of the other person's body for sexual arousal or gratification. Penetration is not required for charges to apply. Sexual intercourse qualifies, but so do other physical contacts intended to arouse or gratify either person sexually.
The statute applies when compensation involves money, drugs, or anything of value. Cases have been filed where individuals offered sex in exchange for not receiving a traffic ticket, or provided apartments for rent as payment. This demonstrates how broadly courts interpret "anything of value."
Certain actions do not demonstrate a clear intent to commit solicitation. Standing in an area known for prostitution, waving to passing vehicles, nodding to strangers, or wearing revealing clothing on a street corner fails to establish the necessary intent. Your actions must clearly indicate an intention to initiate a prostitution transaction.
Elements the Prosecution Must Prove
The state bears the burden of proving three distinct elements beyond a reasonable doubt to secure a conviction:
- You requested that another person engage in an act of prostitution
- You intended to engage in an act of prostitution with that person
- The other person received the communication containing your request
Intent stands as the critical component. Merely accepting an offer does not violate this law unless you take some additional act in furtherance of committing prostitution. The prosecution often relies heavily on law enforcement testimony and recordings from sting operations to establish these elements.
Penalties and Consequences You Face
Solicitation charges under PC 647(b) constitute misdemeanor offenses rather than felonies. For a first offense, you face up to six months in county jail and a fine reaching $1,000. Judges rarely impose jail time for first-time offenders, though this remains within their discretion.
Second convictions carry a mandatory minimum 45-day jail sentence. Third or subsequent convictions require a mandatory minimum of 90 days in county jail. These mandatory minimums eliminate judicial discretion for repeat offenders.
Enhanced penalties apply when the offense involves a minor. If you solicit someone under 18 years old, you face imprisonment ranging from two days to one year in county jail, with fines up to $10,000. The penalties increase further if the minor was under 16 or was a human trafficking victim.
Additional consequences apply when the offense occurred in a vehicle within 1,000 feet of a residential structure. The court may suspend your driver's license for 30 days or restrict it for up to six months. This administrative penalty affects your ability to commute to work and handle daily responsibilities.
To be sure, neither prostitution nor solicitation requires mandatory sex offender registration under California law. This distinguishes these charges from many other sex-related offenses.
Immediate Actions After Being Accused
Your actions immediately following a solicitation accusation can determine the strength of your defense. Law enforcement relies heavily on statements suspects make during the initial arrest phase, which frequently become the most damaging evidence in prosecution cases.
Exercise Your Right to Remain Silent
You possess a Fifth Amendment right to remain silent, which protects you from self-incrimination. This right allows you to refrain from answering questions asked by law enforcement without your lawyer present. Police must read these Miranda Rights to arrested individuals prior to interrogation.
People arrested in sex solicitation stings frequently hurt their defense cases by trying to talk their way out of an arrest or criminal charges. They make statements that, in fact, incriminate them in a criminal offense. Police officers are trained interrogation experts who know exactly how to twist your words to build their case.
When police detain or arrest you, clearly and respectfully inform the officers that you want to invoke your right to remain silent and will not answer any questions they have. You must identify yourself if police ask your name, but beyond basic identifying information, politely refuse to answer further questions. Even simple remarks may seem helpful but can be incriminating.
Refuse Searches Without a Warrant
Officers may request to search your cell phone, vehicle, or other property. Never consent to a search and do not provide officers with passwords, PINs, or biometric access to your electronic devices and online accounts. Officers want to look for additional evidence to prove your intent to solicit sexual activity for monetary compensation.
Refusing consent does not constitute an admission of guilt, as everyone has the right to refuse to consent to a search. Officers often ask leading questions to get your consent. If police ask for permission to search your property, calmly state "I do not consent to a search". Officers may appear agitated by this, but do not be intimidated. You are within your rights to refuse.
Document Everything About Your Arrest
Make an effort to recall as many details as possible about the arresting officers, the conditions of the arrest, and any interactions you had. This information can be extremely valuable to your attorney when constructing your defense. Record details about your whereabouts and activities on the day in question.
Do not delete any information from your devices. Police have ways to recover data, including text messages. Deleting anything makes you look suspect. Preserving evidence and documentation is a crucial aspect of defending against solicitation charges.
Contact a Criminal Defense Attorney Immediately
You have the right to an attorney and must be given an opportunity to contact a lawyer or contact someone who can do so for you. Contact a criminal defense lawyer as soon as possible. Sex solicitation cases involve complex legal and factual issues, making it critical to have legal counsel who can explain your rights and options.
A defense attorney can protect your rights, especially if police want to question you or conduct a search. Your attorney can communicate with officers and prosecutors to secure your release from custody or potentially have charges dropped. Time is of the essence when building a strong defense. The longer you wait, the more difficult this process becomes.
Stay calm and polite, even if you feel the arrest is unfair. Do not resist physically or verbally, as it can lead to additional charges. Do not discuss your case with anyone but your lawyer.
Defense Strategies That Work
Several powerful defense strategies can challenge solicitation charges when prosecutors fail to prove every required element beyond a reasonable doubt. Your attorney will evaluate which approaches best fit your specific circumstances.
Lack of Intent to Solicit
Prosecutors must establish that you willfully intended to engage in prostitution, knowing it involved exchanging money or other compensation. A sex act qualifies as prostitution only if you willfully participated, knowing compensation was involved. If you believed no money was part of the arrangement, you committed no crime. Ambiguous conversations or misunderstood interactions may demonstrate that intent was absent. Language barriers, cognitive deficits, or other factors can make your actual agreement unclear.
No Agreement or Exchange of Compensation
Solicitation requires proving both a proposition to engage in sexual acts and an offer to provide payment. Without a clear agreement or request for compensation, the encounter remains a consensual sexual interaction rather than prostitution. The prosecution cannot secure a conviction based solely on casual conversation or ambiguous language that fails to establish a definite agreement. If no agreement existed for exchanging compensation, the fundamental element of solicitation is missing.
Insufficient Evidence
Prosecutors bear the substantial burden of proving guilt beyond reasonable doubt. Insufficient evidence exists when the state cannot directly link you to the crime, presents unreliable testimony, or shows contradictory statements. Missing recordings of conversations, unclear audio evidence, or absence of acts in furtherance of the agreement can undermine the prosecution's case. Gaps in the evidence narrative create reasonable doubt. If prosecutors can demonstrate you requested prostitution but cannot prove you intended to engage in the act, they lack sufficient evidence for a conviction.
Entrapment by Law Enforcement
Entrapment occurs when police use overbearing conduct to induce a crime you were not predisposed to commit. The defense applies when you show you only committed the offense because of law enforcement's improper pressure. Repeated requests after you declined, coercive tactics, or undue persuasion may constitute entrapment. The court considers whether a normally law-abiding person would have committed the crime under similar pressure. Prior criminal history for similar offenses weakens entrapment claims.
Mistaken Identity
False accusations happen frequently in solicitation cases. Jealousy, payback, or mistaken identity can lead to wrongful charges. Online sting operations and large-scale sweeps particularly create identification errors. Digital evidence or alibis may prove you were not the person involved.
Violation of Constitutional Rights
Fourth Amendment protections guard against illegal searches and seizures. Evidence obtained through warrantless searches or without probable cause may be suppressed. Coerced confessions and other law enforcement misconduct serve as viable defenses. When officers violate constitutional procedures during investigation or arrest, the prosecution's case weakens significantly.
How to Work Effectively with Your Attorney
Building a strong defense requires active collaboration with your attorney. Your involvement in gathering evidence, identifying witnesses, and protecting your case through careful conduct can significantly strengthen your defense position.
Preserve All Evidence
Evidence forms the foundation of any defense strategy. Several types commonly appear in solicitation cases, including electronic communication records, surveillance footage, and witness testimonies. Text messages, emails, and social media posts often serve as key pieces of evidence showing intent or direct solicitation. Secure these records early and provide them to your attorney to build a strong defense, showing either a lack of intent or illegal entrapment.
Security cameras can capture interactions that are disputable. Surveillance might show that no actual solicitation occurred, or it might capture context that changes the apparent intent. If you have access to surveillance footage supporting your defense, keep it and make it available to your attorney.
Keep all paperwork you receive, including tickets, bond documents, and court notices, and store them in one place. Write down your memory of events while they are still fresh, including locations and conversations. Without all relevant evidence, challenging the prosecution's case or presenting an alternative theory becomes difficult.
Identify Potential Witnesses
Witnesses can offer vital insights. Both prosecution and defense rely on testimonies to establish facts. Witnesses might recall details that support your defense or highlight inconsistencies in the prosecution's narrative. Keep a list of witnesses who can bolster your case and weaken the prosecution's argument.
Avoid Social Media Mistakes
Never discuss any aspect of an ongoing legal case online. Even seemingly harmless posts can be misinterpreted or taken out of context by prosecutors. Avoid posting images or videos that could be linked to the case, as prosecutors may use them to challenge the defense. Do not delete posts after charges are filed, as this can be considered destruction of evidence. Set social media profiles to private and avoid interacting with anyone involved in the case online.
Protecting Your Rights and Future
A solicitation conviction carries consequences extending far beyond immediate criminal penalties. Understanding post-conviction relief options and professional ramifications can help you protect your future.
Understanding Expungement Options
Expungement under California Penal Code Section 1203.4 allows you to withdraw a guilty or no contest plea and have your case dismissed. You may qualify if you completed probation and did not serve time in state prison. Senate Bill 731 expanded eligibility, permitting courts to grant expungement on certain felony convictions even with prison sentences, provided at least two years have passed since completion.
Expungement offers significant benefits. Employers cannot discriminate based on expunged convictions, and obtaining state professional licenses becomes easier. However, limitations exist. Expungement does not restore gun rights, end sex offender registration requirements, or overturn driver's license suspensions. Expunged convictions may still count as prior offenses for sentencing enhancements.
Dealing with Professional License Issues
Many state licensing boards require licensees to report arrests or convictions, even for misdemeanors. Boards routinely conduct background checks and may be notified automatically when licensees are arrested. Licensing boards can open investigations, conduct hearings, and impose sanctions, including reprimand, suspension, fines, probation, or license revocation. Even if adjudication is withheld, licensing boards can still take action based on their own findings.
Immigration Consequences for Non-Citizens
Under INA 212(a)(2)(D)(i), persons involved in prostitution are deemed inadmissible, preventing lawful admission into the United States. Solicitation convictions may constitute crimes involving moral turpitude (CIMT), carrying severe immigration consequences. The Ninth Circuit held that all conduct under California's prostitution statute qualifies as a CIMT. However, Matter of Gonzalez-Zoquiapan determined that California PC 647(b) does not fall within certain prostitution-related inadmissibility grounds. An I-601 Waiver of Ground of Inadmissibility may be needed to overcome these barriers. Convictions relating to owning, controlling, managing, or supervising a prostitution business constitute aggravated felonies, leading to deportation with almost no relief available.
Steps to Avoid Future Legal Problems
Consult with both criminal defense and immigration attorneys before accepting any plea agreement. Understand reporting obligations to professional licensing boards. Engage in treatment programs or counseling that demonstrate rehabilitation and accountability.
Conclusion
Facing solicitation charges can feel overwhelming, but you have powerful legal defenses available to protect your rights and future. The prosecution must prove specific elements beyond a reasonable doubt, and numerous strategies exist to challenge their case.
Obviously, your first step should be exercising your constitutional rights and contacting an experienced criminal defense attorney immediately. The earlier you secure representation, the stronger your defense becomes.
According to the evidence and circumstances surrounding your case, skilled legal counsel can identify weaknesses in the prosecution's arguments, protect you from constitutional violations, and work toward the best possible outcome. Your future deserves a vigorous defense.
References
[1] – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
[2] – https://codes.findlaw.com/ca/penal-code/pen-sect-647/
[3] – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
[4] – https://selfhelp.courts.ca.gov/clean-your-record/criminal-record-dismissal
[5] – https://www.law.cornell.edu/cfr/text/22/40.24
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Yuliya Kelmansky is an Expert Attorney who has over 10 years of practice defending a variety of cases.
