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Practices > Sex Crimes > Prostitution/ Loitering/ Solicitation

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Under the California Penal Code, it is illegal to loiter for the purposes of prostitution, to solicit someone for the purpose of prostitution, and to engage in the act of prostitution. Both the alleged prostitute and the alleged patron of said prostitute can be prosecuted under California state law. Most people think of prostitution as only applying to women or men who “prowl” the streets waiting for, or luring in, customers. Nowadays, however, police agencies are getting tips and setting up “sting” operations to locate prostitution or the solicitation act in business establishments. For example, in strip clubs, night clubs, massage parlors, chiropractic offices, etc…

When deciding to arrest someone for loitering for the purpose of committing prostitution, soliciting prostitution, or the actual act of prostitution, police officers will use several factors to try and prove that someone had the intent of actually engaging in the conduct they are being arrested for. Some of the factors they look for are:

  • Possession of Condoms
  • Possession of Lubricant
  • Possession of Large Quantities of Money & Types of Bills
  • Possession of Multiple Beepers/Pagers/Cell Phones/PDA’s
  • Possession of Address Book/Client List
  • Possession of Sex Toys
  • Location, Dress & Manner

When deciding to arrest an alleged customer of a prostitute, police officers will watch whether you drove by the area several times, if you stopped and had a conversation with the alleged prostitute, if she got in your car, if you parked the car and went to a motel, etc…

If you have been arrested and charged with loitering, solicitation, or prostitution, contact the lawyers at WILL & WILL, LLP. Our team of former prosecutors and career defense attorneys have a great amount of skill, experience and knowledge handling these types of cases. We can help you.

What if the alleged prostitute was really an undercover female officer?

Many people think that if they were arrested while attempting to solicit prostitution from an undercover female officer, that they were “entrapped” by the police. In most cases, this is not considered entrapment for several reasons. Police officers are allowed to do many things in prostitution cases that do not result in entrapment, including offering sexual services. The key is what you did to acknowledge that you wanted to engage in a sex-for-money transaction. This can include verbal or non-verbal communication. Was there an act in furtherance, such as taking out money, going to an ATM machine or taking the officer to a motel. An examination of what the police report alleges took place is extremely important in these cases. Contact WILL & WILL, LLP if you have been arrested for loitering, solicitation, or prostitution. Our attorneys are experienced in defending against all types of prostitution-related cases.

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