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Supervising or aiding a prostitute is a misdemeanor and carries the same penalties as prostitution / solicitation: up to six (6) months in county jail, a fine of up to one thousand dollars ($1,000), or both. 53.
5.4. Penal Code 653.22 PC Loitering to commit prostitution.
You commit the crime of loitering to commit prostitution (Penal Code 653.22 PC) when you loiter in a public place with the specific intent to engage in prostitution. The California legislature added this section to help police enforce against suspects they believe to be working as prostitutes, even when they don’t have direct evidence.
For example, police may observe a woman dressed like a prostitute, standing on a street corner notorious for prostitution, waving at cars and appearing to be looking for customers. This alone is probably sufficient to trigger an arrest for loitering to commit prostitution.
Penal Code 653.22 is a misdemeanor. A conviction carries up to six months of jail, a fine of up to one thousand dollars ($1,000), or both.
5.5. Penal Code 314 PC California indecent.
As set forth in Penal Code 314 PC, California indecent exposure laws prohibit “exposing” your genitals in public. 54 In order to be guilty of indecent exposure, you must specifically intend to direct public attention to your genitals. 55.
Many prostitution acts take place in private cars, hotel rooms, or remote, secluded areas. So, while it may seem that an act of prostitution could additionally trigger this charge, this typically wouldn’t be the case.
5.6. California Penal Code 261PC rape.
California Penal Code 261 PC rape is defined as nonconsensual sexual intercourse. 56 While it may seem like this charge therefore wouldn’t apply in a situation where there is an “agreement” to engage in an act of prostitution, it still could.
Even though sexual intercourse may be consensual in the beginning, if at any point it’s not, the forced act could be classified as rape. If, for example, the customer is being too rough with the prostitute, and she asks him to stop, and he refuses to, he could face liability for prostitution and Penal Code 261 rape.
If you or loved one is charged with Penal Code 647(b) PC prostitution and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
For more information on the crime of prostitution under Nevada law, see our page on the crime of prostitution under Nevada law.
We have local criminal law offices in Los Angeles, San Diego, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.
Information and advocacy for sex workers and adult entertainment industries.
1 California Penal Code 647 PC — Disorderly conduct [Prostitution]. (“Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: . . . (b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person 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 to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.”)
2 California Penal Code 266h — Pimping and pimping a minor; punishment. (a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years. (b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows: (1) If the person engaged in prostitution is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.”)
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