Solicitation in California: PC 647(b)

Solicitation of prostitution in California is a crime that may carry significant legal, social, family, and reputational consequences. A charge of PC 647(b) may also occur with drug related charges, from possession, HS 11377 and HS 11350, to under the influence, HS 11550. If someone is convicted of Solicitation in San Diego (California), they can be sentenced up to six months in county jail. If the person has a prior conviction for PC 647(b) the penalties include mandatory jail time. There are also additional penalties if the Solicitation was committed in a vehicle; for example, the suspension of a driver’s license.

To establish this charge, the district attorney must prove the following:

1. The person requested that another person engage in an act of prostitution; and
2.  The person  intended to engage in an act of prostitution with the other person; and
3. The other person received the communication containing the request.

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd act means touching 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. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.

Defenses:

Defenses to a charge of Solicitation are case specific and may include many facts and circumstances that are unique to a particular case. However, some common defenses include: lack of evidence that the person did in fact solicit another to commit an act; police entrapment; 5^th amendment violations, meaning the person made an incriminating statement that was either coerced or made before the person received their Miranda warnings; there may also be a 4^th amendment violation, depending on how the evidence was obtained and whether or not a warrant was used or required. If the evidence was obtained in violation of the 4^th amendment, the evidence may be inadmissible at trial, which may lead to a dismissal of the charges. This is a small sample of potential defenses and many more may be applicable to your case.

A charge and conviction of Solicitation (PC 674(b)) has severe consequences. At Kern Law, APC we will put forward the strongest possible defense and to protect your rights. Contact our office today for a free, confidential consultation.