An arrest for a sex crime, including prostitution, is costly in many ways. Public judgment is often harsh—and in addition to fines and a potential jail sentence, it can damage your reputation, your relationship with family and friends, and even your livelihood.
Orange County, California, has seen a rise in sex crimes, particularly human trafficking. According to one report, it is now considered “the second industry behind drugs” both here and throughout the U.S. The outcry against this illegal activity has led to greater activity by the police to arrest traffickers, pimps, and prostitutes, as well as those who solicit prostitutes.
As law enforcement clamps down on suspected offenders and as district attorneys become more zealous in their prosecution, it can be all too easy to get caught up in the net. If you have been accused of or arrested for a prostitution related sex crime in Orange County, California, get help from one of the knowledgeable criminal defense attorneys at The Law Offices of Bryan R. Kazarian to make sure your rights are protected. You have the constitutional right to legal counsel. If you have been arrested for a prostitution, or a prostitution related charge, do not talk to the police, talk to us.
California Penal Code 647(b) defines the crime of prostitution as one in which a lewd or sexual act is either offered or solicited in exchange for money or anything of value. No matter who is involved in the transaction—the seller (the prostitute), the buyer (the “john”) or the “agent” (the pimp)—prostitution is an unlawful act, even if the sexual act did not happen.
If you are facing a prostitution charge—whether for soliciting, agreeing to engage in prostitution or actually engaging in prostitution—the prosecution has to prove that you were involved in an act of prostitution as defined under California law beyond a reasonable doubt.
In order to be convicted for a prostitution charge, the prosecution will have to prove beyond a reasonable doubt to all jurors the following elements of the crime:
- The defendant requested that another person engage in an act of prostitution in exchange for money or something else of value
- The defendant intended to engage in an act of prostitution with the other person
- The other person received the communication containing the request
A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd act means touching the genitals,
buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.