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Criminal Defense
PROSTITUTION - P.C. 647(b) - En Español
There are three rules of law which define prostitution in California. They are known as "solicitation", "agreement" and "engaging in" theories. The offence is "priorable," meaning mandatory jail on second and subsequent offences, if convicted.
 1. If the undercover police officer first brought up the subject of a sex act for money to our client
(solicited our client), the law is:
You must agree to a sexual act and the price, and you must do an "act in furtherance" of that agreement.
Two usual scenarios are: Our client pulls his car over to speak with a woman on the street whom he finds attractive. After small talk, the woman who is in truth an undercover vice officer asks our client first if he wants a sex act and how much he is willing to pay for it. Our client gives an answer and both agree on the act and the price. The undercover tells our client to "pull over around the corner" or "pull into the parking lot". Pulling into the parking lot or driving around the corner would be considered to be an "act in furtherance," because it shows that the driver wished to follow through with the agreement and did not change his mind.
Our client working as an in-call or out-call masseuse, escort or entertainer is asked by her client, who is in truth an undercover vice officer if "everything is included" and when he is told that it is not, both agree on what extra he will get and how much extra it will cost him. In an "act in furtherance" our client either takes out a condom from her purse, accepts the extra money or begins to undress.
2. If our client first brought up the subject of a sex act for money to the undercover police officer (solicited the officer), the law is:
The undercover officer must agree with you on a specific sex act and the price. No "act in furtherance" of the agreement by the undercover or you is necessary.
Two usual scenarios are: Our client pulls his vehicle over to talk to a woman on the street whom he finds attractive. The woman is in truth an undercover vice officer. After small talk, our client tells the woman that he is looking for sex and is willing to pay. The undercover agrees to the sex act and both agree on the price.
Our client working as an in-call or out-call masseuse, escort or entertainer asks her client, who is in truth an undercover vice officer if he wants anything "extra". He says "yes", and both agree on what sex act the undercover will get and how much it will cost.
3. Actually engaging in a sex act for money.
Usual circumstance: Police raid a massage parlor and open a door of one of the massage rooms, where they observe a couple engaging in a consensual sex act. The male later tells the police that he paid our client to engage in sex with him.
DEFENSES:
The law provides legal defenses and each case may provide factual defenses or mitigating circumstances which I often successfully use in order to persuade the prosecutor to reduce or dismiss the client's charges:
No act in furtherance either before or after the agreement of a sex act for money was reached; or the act in furtherance was for something other than the agreed to sex act.
No agreement of sex act for money was ever reached between our client and the undercover officer because the "agreement" was not clear or was "small talk".
No specific intent to engage in a sex act for money existed in our client's mind.
Our client was intoxicated at the time.
Inaccurate police report omits facts favorable to our client .
Record of dishonesty or disciplinary actions documented in police officer's personnel file. Police engaged in outrageous conduct in effectuating the arrest.
Police lost evidence gathered during the "sting" operation.
The criminal complaint filed in court by the prosecutor violates our client's right to Due Process of Law under the U.S. Constitution.
Prosecutor can not prove guilt "beyond a reasonable doubt".
"Striking the Prior(s)" for purposes of sentencing.
There are many factual details presented by individual cases which trigger these and numerous other legal and factual "defenses".
Customary Results for First Time P.C. § 647(b) Offenses (In Many Cases)
No Court Appearance by You
No Jail Time and No Community Service
Charges Often Reduced to Trespass, Disturbing the Peace, Nuisance, Loitering or Dismissed
Payment of Fine plus Assessments
Summary Probation (on your own honor)
Watch a 15 minute AIDS Education Video and a Mandatory AIDS Test.
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