If you or someone you know has been accused of engaging in prostitution, the consequences can be devastating. Below you will find a quick overview of the law concerning such charges. After reviewing this information call one of our Sacramento criminal defense lawyers for a consultation.

“Prostitution” is sexual intercourse or other sexually lewd acts in exchange of money or consideration. California codified prostitution under Penal Code 647. Penal Code 647 prohibits “disorderly conduct,” which encompasses prostitution. The code penalized engaging in acts of prostitution or soliciting acts of prostitution but was amended to include agreeing to acts of prostitution in 1986.

In order to establish guilt on a prostitution charge, a prosecutor must prove one of three potential scenarios. The accused either: agreed to engage in the act of prostitution, engaged in the act of prostitution or solicited prostitution.

In order to prove a person only agreed to engage in the act of prostitution, the DA must prove the following elements beyond a reasonable doubt:

1. The Person agreed to engage the act,
2. The Person had the intent to engage the act,
3. The Person did something to further the commission of the act.

The first element “agreement” is when there is a consensus to commit the act. The second element “intent” is the purpose to commit a specific act. The third element “further” is to do something which promotes the commission of the act, such as offering money to the other person.

In order to prove a person actually engaged in the act of prostitution, the DA must show three elements of the crime. Those elements are:

1. The Person acted willfully,
2. The Person engaged in sexual intercourse or some other lewd act,
3. The Person did so in exchange for money.

The first element “willfully” is satisfied when someone does something deliberately. The second element “lewd act” typically refers to the touching of the private parts. The third element “exchange” is to provide the above referenced acts for money.

In order to prove a person solicited the act of prostitution a prosecutor must prove three elements of the crime. Those elements are:

• The person requested another person to engage in prostitution,
• The requesting person had the intent to engage in prostitution,
• The requesting person communicated the request and the other person received it.

The first element “requested” is to ask another to engage in prostitution. The second element “intent” is to have the purpose to commit a specific act. The third element “communicate” is to make it known you wish to engage in the act with another.

If you have been arrested or even accused of engaging in prostitution call a Sacramento criminal defense attorney right away. Because these accusations have the potential of destroying families, career and reputations it is important that you hire the best legal representation. Call our Sacramento office today for a consultation at (916)447-7842.