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PC 647(b)

Prostitution, engaging, soliciting, and agreeing to

Information on the crime of engaging in, soliciting, or agreeing to prostitution is found at California penal code section 647(b).

PC 647(b) Law (Abbr.)

PC 647(b) every person who commits the following act is guilty of disorderly conduct (prostitution), a misdemeanor:

PC 647(b)(1) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.

PC 647(b)(2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.

PC 647(b)(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.

PC 647(b)(4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.

PC 647(b)(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.

Prostitution is defined as agreeing to, or solicitation of, a lewd act between two or more persons, for payment of money, or other compensation (other compensation can include drugs, jewelry, services, etc).

Lewd act is defined as intercourse, vaginal or anal, or oral copulation. A lewd act can also be a touching of 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. The touching does not need to be skin to skin.

PC 647(b) may be charged against the prostitute or the person soliciting prostitution services (John).

Solicitation of Prostitution

To solicit a prostitute means to communicate, by words or conduct, an offer or a request, to another person to engage in prostitution. Enticing or encouraging another person to commit a prostitution can also be a solicitation under PC 647(b). The defendant need not make an express verbal offer of sex to constitute a solicitation for prostitution. It also does not matter that money or other compensation was actually exchanged in solicitation cases; it is the solicitation itself that is criminal.

For soliciting prostitution cases the defendant must specifically intend to commit prostitution; it does not matter if the prostitute actually agrees to engage in prostitution, or that any lewd act actually occurred, so long as the defendant intended to commit prostitution.

It is a defense to a charge of soliciting a prostitute to show that the person who was the intended recipient of the solicitation never actually received the communication or request for sexual services.

Agreeing to Commit Prostitution

It is illegal to agree to commit prostitution. To agree to commit prostitution the person who agrees must have been solicited.

To prove that the defendant is guilty of agreeing to commit prostitution charged under PC 647(b), the prosecutor will need to prove all of the following: 

The defendant accepted an offer for sexual services in exchange for money or other benefit, and
The defendant performed some act in furtherance of the commission of the crime, and
The defendant specifically intended to agree to prostitution
An act in furtherance of prostitution means that the defendant did something after agreeing to commit prostitution that helps interpret the meaning of the agreement. For example, driving to a location to meet a prostitute after agreeing to commit prostitution might be considered an act in furtherance of the crime.

It does not matter if the person offering the sexual services for hire actually intended to commit prostitution, only that the person who agreed to the offer actually intended to commit prostitution.

PC 647(b) Sentence & Punishment

Probation Sentence: A probation sentence is a period of supervision as opposed to an actual jail sentence. A probation sentence carries conditions of probation, or terms of probation, that must be followed by the probationer in order to avoid further punishment, including an actual jail sentence. A probation sentence for a PC 647(b) crime is called informal probation, which means that the defendant is not monitored or supervised by a probation officer during the probationary period. Probation setences are available in misdemeanor prostitution cases but not guaranteed. Whether or not a defendant is granted a probation sentence after a PC 647(b) conviction depends largely on the facts of the case and the defendant's criminal history.

Note: It is possible to be ordered to serve a jail sentence as a term of probation, as opposed to being ordered to a jail sentence without a grant of probation. However, when a jail sentence is ordered as a term of probation the jail term is usually much shorter than the maximum jail sentence otherwise associated with the crime and the defendant may usually serve his or her jail sentence on work release or house arrest.

Sex Offender Registration: If found guilty of prostitution (PC 647(b)), the defendant will not ordinarily be required to register as a sex offender.

Caution: The judge may order the defendant to register as a sex offender in a prostitution case. This is a very unusual order in a prostitution case but the law does exist to give the judge the power to make such an order (See PC 290.006).

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PC 647(b): Prostitution Defense

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 PC 288(i)
 PC 261(a)(2)
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 PC 647.6(a)(1)
 PC 647.6(a)(2)
 PC 647.6(b)
 PC 311.11(a)
 PC 311.11(c)(1)
 PC 311.11(c)(2)
 PC 236.1(b)
 PC 236.1(c)(1)
 PC 236.1(c)(2)
 PC 647(b)
 PC 653.22(a)
 PC 315
 PC 647(j)(4)
 PC 243.4(e)(1)
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 PC 289(a)(1)(A)
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 PC 286(b)(1)
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 PC 286(c)(2)(A)
 PC 286(i)
 PC 285
 PC 220(a)
 PC 290.018
Lewd acts on a minor
Lewd acts on a minor w/force
Lewd acts on a minor 14 or 15
Continuous sex abuse on minor
Intercourse or sodomy of a minor
Oral cop or penetration of a minor
Lewd act on a minor w/injury
Rape by force or fear of injury
Rape of intoxicated victim
Unlawful sexual intercourse
Spousal rape by force or fear
Indecent exposure
Aiding indecent exposure
Oral copulation on a minor
Oral cop on a minor under 16
Oral copulation by force or fear
Oral cop on an intoxicated victim
Annoy or molest a child
Molest person thought to be child
Molest a child in a dwelling
Possession of child porn
Possession of child porn images
Possession of child sadism
Human trafficking for sex
Human trafficking minor for sex
Human traffic minor with force
Agree or solicit prostitution
Loiter to commit prostitution
Keeping a house of prostitution
Distribute nude images
Sexual battery
Sexual battery by restraint
Sexual battery by masturbation
Sexual penetration by object
Sexual penetration on minor
Sex penetration of minor under 16
Sex penetration intoxicated victim
Sexual penetration by force
Pimping
Pimping a minor
Pimping a minor under 16
Pandering
Pandering a minor
Pandering a minor under 16
Sodomy of a minor
Sodomy of a minor under 14
Sodomy by force or fear
Sodomy of an intoxicated victim
Incest
Sexual assault
Failure to register as sex offender

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Related Crimes

PC 653.22(a) PC 315
PC 647(m)(1) PC 647(b)

 


Sex Crimes Criminal Defense Attorneys

PC 647(b): Prostitution, Agreeing to, Engaging in, and Soliciting, Defense, Law, & Sentence Information

 
 
 
 
 
 

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