California Prostitution Laws

Prostitution and soliciting prostitution are illegal in every state but Nevada. The act of prostitution refers to a lewd act someone performs in exchange for money or something of value. California law prohibits prostitution as well as loitering and solicitation of prostitution. Pandering to prostitution ("pimping") is also a crime in the State of California.

Under California’s prostitution laws, to find you guilty of this sex crime, the prosecution must prove that you engaged in sexual conduct or sexual intercourse with another person for money. If law enforcement catches you engaging in any of these behaviors, they’ll arrest you and charge you with a felony or misdemeanor, depending on the facts of your case.

This article examines California’s prostitution laws, including the penalties and common defenses to this criminal offense. If you’re facing prostitution or other criminal charges, it's a good idea to consult with an experienced criminal defense lawyer.

How Does California Law Define Prostitution?

Most people are familiar with the crime of prostitution. However, every state has unique laws regarding prostitution and related sex crimes. Knowing these laws is crucial if you’re a sex worker or somebody who has engaged a prostitute in the past.

For the prosecutor or district attorney to secure a conviction for prostitution, they must prove their case beyond a reasonable doubt. California Penal Code defines prostitution as follows:

• Engaging in, agreeing to, or offering to perform sexual acts in exchange for money or other form of compensation

The statute applies to both sex workers and their customers, who are sometimes referred to as johns. The state must submit evidence showing that an agreement or offer occurred. The prosecutor usually does this using recorded conversations or witness testimony.

Overview of California Prostitution Laws

It can be challenging to navigate California’s criminal code. We’ve highlighted the main provisions of California’s prostitution laws below to make the task a little easier.

Code Sections

California Penal Code 647(b)

Elements of a Prostitution Charge Under California Code

To prove a prostitution case, the prosecutor must establish each element of the crime. The required elements of a prostitution charge are as follows:

• The defendant had the specific intent to commit prostitution. This means the defendant must have intended to participate in a lewd act in exchange for compensation.
• The defendant and the other participant (john) agreed to carry out the sex act. This applies to either participant, although prostitution and solicitation are different offenses.
• The defendant must have committed an overt act demonstrating their commitment to the act. For example, the prosecutor might present evidence that the defendant got into the other participant's car.

If the state presents insufficient evidence to prove the above elements or does not prove its case beyond a reasonable doubt, the judge or jury will acquit the defendant of the charges.

California law doesn’t list the specific acts that further a participant’s agreement to engage in prostitution. State courts have ruled that the sexual act may happen before or after the participants made their agreement.

Possible Defenses Against Prostitution/Solicitation Charges

• Entrapment by an undercover police officer is a valid defense. This doesn’t mean that the state can’t charge you if the police arrested you during a sting operation.
• There was no agreement or offer to perform sex acts for money. Consensual acts are not illegal.
• A new law, California SB 1322, took effect in January 2017. This act decriminalizes underage persons engaged in the act of prostitution. Law enforcement must refer these children to child welfare services.
•  Senate Bill No. 233 gives immunity to sex workers if they report that they are victims of domestic violence or abuse. This includes human trafficking.
• Actual innocence

Penalties for Prostitution/Solicitation in California

Prostitution is a misdemeanor in the State of California. Depending on the facts, you'll face fines, probation, or jail time.

It’s worth noting that probation is not an option if the defendant has a prior conviction for prostitution. If the defendant has one prior conviction for prostitution, California law requires a sentence of at least 45 days in county jail without the possibility of probation, early release, or work furlough. Two or more prior convictions for prostitution will increase the sentence to at least 90 days in jail.

If you engage in prostitution in a vehicle within 1,000 feet of a private residence, the judge may suspend your driver’s license for up to six months.

California Senate Bill 357

In July 2022, California Governor Gavin Newsom signed SB 357 into law. It's also known as the “Safer Streets for All Act.” Senator Scott Wiener proposed this bill to reduce discrimination against people based on their dress, and it was passed by California lawmakers.

This act repealed a California Penal Code section that gave law enforcement the power to arrest people for loitering if they were dressed in a highly provocative way. The law sent into effect on January 1, 2023.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your California’s laws.

Related Resources

• Sex Crimes
• Sex Offenders and Sex Offenses: Overview

Need Legal Help With a Prostitution Charge? Speak With an Attorney

A prostitution conviction can result in serious fines, jail time, and other restrictions on your liberty. Depending on the facts of your case, you may even face human trafficking charges. In addition, accusations of engaging in sex work will impact your personal and professional lives.

A sex crime lawyer can help mount the best possible defense and minimize the chances of a conviction. Contact an experienced California criminal defense attorney for assistance with any prostitution or solicitation crime.