Prostitution / Loitering / Solicitation
According to 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 person accused of being a prosti tute and the person accused of being the client/customer can be prosecuted for this crime. Many people think of prostitution as only applying to women or men who walk the streets looking for customers. Nowadays, however, the police agencies are broade ning their search for prostitution taking place in other locations. The police agenci es sometimes get tips or learn through word on the street that prostitution is taking place in local business establishments. The law enforcement agencies will then set up “sting” operations to try and confirm the prostitution or solicitation act in these business establishments. Some examples of places that law enforcement has conducted their undercover operation is are: strip clubs, night clubs, massage parlors, chiropractic offices, etc…
Sometimes, a female or male police officer will “walk the streets” posing as a prostitute to make arrests for solicitation, sometimes the will be driving the car that approaches the alleged prostitute to make arrests for loitering, sometimes they will arrest two people found in a car or motel room that are seen engaging in an act of prostitution, and sometimes they will pose as a customer looking for a little extra at the local massage parlor. Regardless, these sting operations are taking place all the time and you or someone you know may have gotten caught as a result.
When deciding to arrest someone for loitering for the purpose of committing prostitution, for solicitation of prostitution, or for engaging in the actual act of prostitution, police officers will use several factors to try and prove that someone had the intent of actually committing the conduct they are being arrested for. Some of the factors they are looking 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
- Conversation that took place (i.e., was there an offer of an act for money and an agreement?)
Furthermore, when deciding to arrest an alleged client/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/he got in your car, if you parked the car and went to a motel, etc….
Entrapment
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 conduct 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. For example, whether there was 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.
If you or a friend/family member has been arrested and charged with loitering, solicitation, or prostitution, contact the sex crimes defense lawyers at WILL & WILL, LLP. Our team of former prosecutors and career defense attorneys has a great amount of skill, experience and knowledge handling all types of sex crimes cases, including prostitution and any associated offenses.
