Prostitution isn’t the most uncommon term because most of us have heard of this and comprehend the same pretty well. But of course, there’s also the difference between the general concept of prostitution and the legal ramifications behind the activity. In the state of California, prostitution laws weren’t that rigid before and it was actually only in the early 1960s that a provision was actually inserted into the California Penal Code classifying prostitution as a crime. Moreover, what were punished before were just the acts of soliciting or engaging in acts of prostitution but agreeing to acts of prostitution weren’t considered crimes at all.

Things have taken a different turn in the late 1980s when prostitution laws in the state paid more focus on specific acts of prostitution and imposed respective penalties for the same. This is because there had been a noticeable increase of what are known as “street prostitutes” in the state owing to the lenient tenor of the existing legislation during those times. Today, the state Penal Code, particularly Penal Code 647 (b) authorizes law enforcement officers to effect arrest on the following:

  • Prostitutes.
  • Customers or also known as a “john”.
  • Depending on the circumstances, the middleman or also known as the pimp.

The “pimp” will be subject to arrest if he commits either or both of the following acts:

  • He he arranges or participates in soliciting the agreement; or
  • He is instrumental in procuring the prostitute under Penal Code 266h and/or 266i.

The act of “pimping” is also called as “pandering” under the salient provisions of the law. So as one can now clearly see, an individual may be prosecuted for the crime of prostitution if he either solicits or engages in the said activity or if he agrees to the same. In order for the prosecution to properly establish a prima facie case against the alleged criminal that the latter was indeed engaging or agreeing to acts of prostitution, it must prove the actual engagement of the offender and that he did the same wilfully. In cases where the crime allegedly committed is agreeing to acts of prostitution, it must also be established that the individual performed an act in furtherance of prostitution.

Basically, when an individual engages in sexual intercourse or any form of lewd conduct as defined by the pertinent provisions of the applicable legislation in exchange for money or other consideration, this falls under the very scope of the crime of prostitution. So how do you get out of a prostitution charge? Naturally, you will need to seek the help of an experienced and competent criminal defense attorney in the state. Based on the current legislation, prostitution is now quite a serious type of crime so being complacent is out of the question. If you value your freedom and your other human rights, it’s best to get in touch with your attorney as soon as possible.