In California, an arrest or citation for solicitation of prostitution means that law enforcement believes you offered or agreed to exchange money or something of value for a sexual act and intended actually to carry it out. A solicitation charge can have far-reaching consequences for your reputation and future, even if you are never convicted. If you’re in this situation in Los Angeles, discussing your case with an experienced criminal defense attorney can help you determine your next steps.
What Is Solicitation Under California Penal Code 647(b)?
California’s solicitation law makes it illegal to solicit or agree to engage in prostitution, as well as actually engage in an act of prostitution. The law applies to both sides of the transaction. That means prosecutors can file charges against someone offering to pay for a sexual act or someone offering sexual intercourse in exchange for something of value.
Legally, prostitution involves a lewd act performed in exchange for compensation. A “lewd act” generally means touching the genitals, buttocks, or a female breast for sexual arousal or gratification. Under the law, you don’t have to actually engage in a commercial sex act before you can be charged with solicitation of prostitution in California. In some situations, prosecutors can pursue a case even if the encounter never happened.
What Does the Prosecution Have to Prove?
A conversation by itself usually isn’t enough for a solicitation of prostitution conviction. According to the California Criminal Jury Instructions (CALCRIM No. 1154), prosecutors generally must prove three key elements beyond a reasonable doubt:
- You requested or offered to engage in an act of prostitution.
- You intended to engage in the act.
- The other person received the communication containing the request.
If the prosecution cannot establish each of these elements as required by California law, your attorney may be able to argue for a case dismissal.
Penalties for a First and Subsequent Offenses
Soliciting prostitution is generally a misdemeanor, which can be punishable by fines, up to six months of jail time, and related consequences. The penalties are more serious if your case involves minors (including felony exposure) or if you have prior convictions. You’re also subject to an additional $1,000 in fines if you’re the buyer.
Many people worry that a solicitation conviction automatically requires sex offender registration. However, a standard conviction under Penal Code 647(b) typically doesn’t require registration, though other charges or unusual circumstances may impose different requirements.
Common Defenses to a Solicitation Charge
Every case is different, so the right defense depends on the specific facts of your case. Some of the more common defenses to solicitation for prostitution include:
- Entrapment: Law enforcement cannot improperly coerce someone into committing a crime they otherwise wouldn’t have committed.
- Lack of intent or a misunderstanding: A conversation can be taken out of context, or your defense attorney may argue that there was never a genuine intent to exchange money for a sexual act.
- No act in furtherance: Even if there was an offer or agreement, prosecutors still have to prove one of you took an additional step toward completing it.
- Insufficient evidence: Inconsistent witness statements or other weaknesses in the evidence can make it difficult for prosecutors to prove the charge beyond a reasonable doubt.
Recent Prostitution-Related Reforms in California
California has made several changes to its prostitution laws in recent years:
- SB 357 (2022) – Safer Streets for All Act: Senate Bill 357 repealed the former law that made it a crime to loiter with the intent to commit prostitution. However, that doesn’t mean solicitation is now legal.
- AB 379 (2025): AB 379 amended Penal Code 647(b) by separating crimes involving people seeking payment for prostitution from those offering payment. The law also created a new offense for loitering with the intent to purchase commercial sex. It added an extra $1,000 fine for certain buyers and increased penalties in some cases involving minors.
Why Choose the Law Offices of Justin E. Sterling?
If you’re looking for a Los Angeles solicitation of prostitution lawyer, you need someone with extensive experience handling sex crime cases. Firm founder Justin E. Sterling has more than 20 years of legal experience and has tried over 100 criminal jury trials to verdict in courts across California. He maintains a deliberately low caseload, so clients receive personal attention and tailored defense strategies throughout the legal process.
Contact Us for a Free Consultation
If you’ve been arrested or cited for solicitation of prostitution in Los Angeles or the surrounding communities, early legal representation can make all the difference. Contact the Law Offices of Justin E. Sterling today for a confidential, no-cost case review.
