In the City of Angels, the consequences for repeatedly engaging in the world’s oldest profession can be dreadful. For those facing a second or subsequent prostitution charge, the legal consequences can be severe. As experienced criminal defense attorneys, we at the Kosnett Law Firm believe everyone deserves to understand the potential ramifications of their actions. In this post, we will clearly explain the punishments one may face for repeat prostitution offenses in Los Angeles.
California Laws on Prostitution
In California, engaging in prostitution is illegal under Penal Code 647(b) PC. This statute prohibits both the act of prostitution, which is exchanging sexual acts for money or other compensation, as well as soliciting or agreeing to engage in prostitution. The law applies equally to prostitutes and their customers. For a first offense, prostitution is a misdemeanor in California punishable by up to 6 months in county jail and/or a fine of up to $1000. However, the stakes get much higher for repeat offenders.
Harsher Penalties for Subsequent Convictions
California law takes a tough stance on those who engage in prostitution multiple times. If you are convicted of prostitution and have a prior conviction for the same offense within the past three years, the potential penalties increase substantially:
- Minimum of 45 days in county jail, up to a maximum of 6 months
- A fine of up to $1,000
- Completion of an AIDS education program
- Testing for AIDS and other sexually transmitted diseases
The mandatory minimum jail sentence of 45 days cannot be suspended or waived by the judge, even if probation is granted. This means repeat offenders will serve at least a month and a half behind bars. If the defendant has two or more prior prostitution convictions within the last three years, the minimum jail sentence increases to 90 days. Again, this jail time cannot be avoided through probation or other alternatives.
Soliciting in a Vehicle
The punishments escalate even further if the prostitution offense involves soliciting from a vehicle. Under California Vehicle Code 22659.5 VC, a vehicle used to solicit prostitution can be declared a nuisance and impounded for up to 30 days. The owner must pay all towing and storage fees, which can add up quickly, to get their vehicle back. For many, temporarily losing their primary mode of transportation is a major hardship on top of the criminal penalties.
Additional Consequences
Beyond jail time, fines, and fees, a prostitution conviction carries other long-term consequences. A criminal record can make it harder to find employment, housing, and educational opportunities. There is also significant social stigma associated with sex crimes. Non-citizens convicted of prostitution may face deportation, as it is considered a crime of moral turpitude. Repeat offenses increase the likelihood of immigration consequences. For these reasons, it is critical to mount a strong legal defense to avoid or minimize the impact of a prostitution charge. An attorney well-versed in these cases can explore options like diversion programs, plea bargains, or fighting for an acquittal at trial.
Defenses Against Prostitution Charges
Several legal defenses may be available in a prostitution case, depending on the circumstances. These include:
- Lack of evidence: Prosecutors must prove beyond a reasonable doubt that prostitution was committed. Without clear evidence of an exchange of sexual acts for money, the case may be dismissed.
- Entrapment: If undercover police officers induced someone to commit prostitution that they otherwise would not have, it may be entrapment. This is an abuse of authority and a valid defense.
- Mistake of fact: If the defendant did not realize they were agreeing to prostitution but thought the payment was for something else, like a date or companionship, they lacked criminal intent.
- Duress: If someone engaged in prostitution because they were threatened with violence or other harm, if they refused, they might have a duress defense.
A skilled defense lawyer will thoroughly investigate the situation to identify factual and legal defenses. In some cases, this may lead to charges being reduced or dismissed entirely.
We are Here to Help
At the Kosnett Law Firm, we have successfully defended many clients facing prostitution charges, including those with prior convictions. We know the stakes are high, especially for repeat offenders. A second or third offense can lead to extended incarceration and derail your life. If you have been arrested for prostitution in Los Angeles, do not despair. You have the right to quality legal representation and the presumption of innocence.
Contact us today for a free and confidential consultation. We will listen to your side of the story, explain your options, and fight for the best possible outcome in your case. Together, we can work to break the cycle and build a brighter future.
