PC 647(m)(1)

Soliciting a minor for prostitution

Information on the crime of soliciting a minor for prostitution is found at California penal code section 647(m)(1).

PC 647(m)(1) Law (Abbr.)

PC 647(m)(1)
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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 notconstitute 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.

PC 647(m)(1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.

PC 647(m)(1) 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(m)(1) 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 soliciting a minor for prostittuion cases, but they are not guaranteed. Whether or not a defendant is granted a probation sentence after a PC 647(m)(1) 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 soliciting a minor for prostitution (PC 647(m)(1)), 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 any prostitution case. This is a very unusual order in a PC 647(m)(1) case but the law does exist to give the judge the power to make such an order if the judge finds that the defendant was motivated by abnormal sexual arousal towards minors (See PC 290.006).

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