Prostitution and Solicitation Defense in San Diego
Dubbed "the World's oldest profession" prostitution is not the crime of the century. To many, laws outright banning two consenting adults from entering into a contract of sex for money is none of the government's business. Typically, no one could be seen as a "victim" and the offense does not harm others in the way that violent crimes and property crimes do. Movies like Julia Roberts' Pretty Woman do not paint a negative picture of the act. A conviction for prostitution or solicitation is embarrassing, scary and is punishable by jail time, probation and fines. If you have been arrested or charged with prostitution, solicitation, pimping, escorting without a license or anything else relating to prostitution, you need a knowledgeable, aggressive attorney on your side to fight for you.
There is another side and viewpoint regarding prostitution. Law enforcement takes prostitution and solicitation of prostitution seriously enough to set up undercover sting operations, and prosecutors are aggressive seeking punishment for the offense in court. Prostitution is a major money-maker for San Diego's criminal street gangs, and human trafficking, kinapping, rape and abuse are often involved in the process in its current form. Prostitution exists in many forms, from homeless drug addicts in the East Village to upscale call girls in the wealthier parts of the county. Law enforcement targets prostitution at every level, often conducting street-level undercover busts, and also more sophisticated . The internet (craigslist, backpage, eros, etc.) has moved much of the "advertising" for prostitution off of the street corner, but a danger to the prostitute and the "John" remains. Often, "pimps" serve to provide protection, but have also been known to rob or extort "Johns" and be both physically and mentally abusive to prostitutes. Though "legalization" may be the answer, those involved in prostitution in its current form are held accountable. Still, there are defenses and your attorney may be able to help you avoid an embarrassing and/or serious conviction. ESCORTING WITHOUT A PERMIT When police attempt to execute a prostitution sting against an escort, but the escort outsmarts them, the police will often charge "escorting without a permit" under San Diego's Municipal Code. Still a misdemeanor, an escorting without a permit charge is punishable by jail, probation and fines, and is certainly worth contesting. SOLICITATION OF PROSTITUTION Pursuant to PC 647(b), to sustain a conviction for solicitation of prostitution, the government must prove three things: 1. The defendant requested that another person perform sexual acts for money (or other compensation), 2. The defendant actually intended to engage in sex acts (or for another person to do so), and 3. That the request was actually heard/received (the request/offer need not be accepted) The law is technical, and each element must be proven beyond a reasonable doubt. There are many defenses to this offense, including: entrapment, lack of intent, misunderstanding, mistaken identity, and more. For example, an undercover officer may go too far in attempting to seduce an otherwise innocent person, running afoul of the laws relating to entrapment. Additionally, some requests are clearly made in jest (e.g. "I'll give you one million dollars..." or "I'll give you five dollars..." If you have been arrested or charged with solicitation of prostitution, you can fight the charge to try to keep the embarrassing conviction off of your record. ENGAGING IN PROSTITUTION OR AGREEING TO DO SO Under PC 647(b) it is a crime (misdemeanor) to willingly engaging in sex acts for money or other compensation (often drugs). If not caught in the act, police can still arrest someone for agreeing to engage in prostituion if they can show that the Defendant: 1. Agreed to engage in prostitution, 2. Actually intended to engage in prostitution, and 2. Took some affirmative step towards engaging in prostitution. The defenses are similar for solicitation and for agreeing to engage in prostitution, with the most common being entrapment and lack of intent (joking, for example). Additionally, officers might not properly execute the sting and may make an arrest too early (before an affirmative act or strong showing of intent). If you have been arrested or charged with engaging in prostitution or agreeing to engage in prostitution, contact the Law Offices of Nicholas Loncar for a free consultation. We can go over the details of your case, including evaluating your defenses and planning your LOITERING FOR THE PURPOSE OF PROSTITUTION Still a misdemeanor, this offense allows police to make easy arrests when they suspect prostitution. Additionally, this is one of the reasons that prostitution has significantly moved off of street corners and onto the internet. PC 653.22 makes it a misdemeanor (punishable by a fine of up to $1000 and six months in jail) to loiter with the intent to commit prostitution. The government will use facts like provocative attire, flagging down cars and other behavior to try to establish intent to engage in prostitution. Because no affirmative act took place, this can be a difficult case for the government to prove, and you should definitely fight the charges. Consult with a knowledgeable and experienced San Diego Criminal Defense Attorney now to discuss your options and the court process. PIMPING PC 266h defines pimping like so: "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 very serious offense, pimping is a felony, punishable by up to 6 years in state prison. Pimping a minor is punishable by up to 8 years. There can be substantial proof problems for the government, and with such serious charges, it is important to have a skilled, knowledgeable lawyer on your side. Your case needs to be carefully examined for weak spots in the evidence, credibility issues of witnesses and other defenses. LEWD ACTS IN PUBLIC Not limited to prostitution, Lewd Acts in Public, PC 647(a), is a misdemeanor that is often related to prostitution if sexual acts are performed in a public place. Prostitution and related offenses are serious, embarrassing, but most of all CAN BE DEFEATED. If you or a loved one is facing charges of prostitution, solicitation, pimping or any other sex crime in San Diego, contact a San Diego Defense Lawyer for a Free Consultation. 619-550-4422
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