Solicitation

Solicitation and prostitution involve the exchange of goods for lewd acts or sex. Under California Penal Code 647, prostitution, solicitation, and engaging in prostitution, are illegal acts considered sex crime acts. When a customer and prostitute have sexual intercourse, both are engaging in acts of prostitution under Penal Code 647. The following components are factors pertaining to prostitution and solicitation:

• Customer: person paying a prostitute or pimp for sexual favors including lewd acts and/or sex
• Prostitute: a person who has sexual intercourse or commits a lewd act in exchange for a good or monetary incentives
• Pimp: a person that provides prostitutes to customers and is usually in charge of handling the currency or other goods. Unlike customers or prostitutes, pimps can be charged with felonies containing harsher penalties than misdemeanors.
• Brothel owners: a person who owns a home where customers pay for sex with prostitutes. Like a pimp, the brothel owner will encounter felonies if charged under Penal Code 647.
• Lewd Act: groping, caressing, fondling and touching of male and female sex organs

Soliciting and prostitution are acts that are treated as misdemeanors in the state court for first-time offenders. However, first-time offenders may be charged with a felony if the prostitute was a person under the age of 18. Sexual conduct with underage children is prohibited under state and federal law. If the solicitation occurred over the internet the act will be considered a federal crime. Individuals who are tried at the state and federal level must endure different types of penalties. In many cases individuals charged with multiple offenses will spend a lifetime in prison if the court believes they are too dangerous to be released into society.

In the state of California, there are different types of laws that govern different situations with regards to prostitution. There is a law regarding prostitutes, pimps, customers, and brothel owners.

• Prostitute: A prostitute in the state of California charged with a first offense misdemeanor, will spend up to a year in jail and/or must pay $1000 in fines. Federal law under Title 18 Part 1 Ch. 67 Sec. 1384, prostitution can be fined with up to a year in prison if prostitution occurs within ‘reasonable distance’ of any federal areas including military or naval camps, forts, posts, or training camps.
• Customers: A customer in the state of California will face similar fines as a prostitute. The customer may be required to pay up to $1000 in fines and/or may be required to spend up to a year in jail. The customer will be charged with a misdemeanor for prostitution with a person over the age of 18.
• Pimps: Pimps in the state of California charged with prostituting, will face between 3 to 6 years in a state prison. The pimps situation will highly depend on the number of prostitutes, the duration of his prostitution establishment, and other factors. A pimp will be charged directly with a felony.
• Brothel owners: In the state of California brothel owners face much of the same penalties as pimps. Brothel owners will be charged with a felony and may be required to spend between 3 to 6 years in state prison.

The penalties mentioned above are penalties regarding the solicitation and prostitution of a person over the age of 18 years old. However, if you are caught soliciting a minor for sexual pleasures you will find that the penalties (fines and jail time) will dramatically increase. The United States Code 18 Sections 2422 and 2423, explain that a person can be charged with a felony by the federal government if:

• The adult intimidates, encourages, and/or provokes a minor to engage in sexual favors in exchange for money or other incentives
• The adult intimidates, encourages, and/or provokes a minor to travel across state or federal borders to engage in prostitution or other sexual activities deemed unlawful by the federal government
• The adult transports a child across federal borders to engage sexual acts with a minor
• The adult travels an international border to engage in sexual activity with minors (non-US citizens)

Solicitation of a minor for sexual pleasures is a felony that can be charged by simply contacting a child for sexual favors. The adult can be charged with the felony even if the adult did not have sexual intercourse with a minor. The simple solicitation of a minor for prostitution or other sexual activity is enough to be charged with a felony at the federal level. The federal court is being involved more and more in cases where individuals solicit children for sexual pleasures over the internet. Soliciting a child for lewd acts or for sexual pleasures across state lines or through the use of the internet will allow the federal government to penalize the sex offender under federal laws. The penalties for soliciting a minor for prostitution or sexual favors differs depending on the circumstances. However, soliciting a minor for sexual favors is never going to end well. Individuals caught having sex with children are usually classified as Tier 3 sex offenders who may be required civilly committed (removed from society through imprisonment).

• Adults convicted of soliciting a minor for sexual pleasures or prostitution may be fined up to $250,000 and their prison time can range from ten years to a lifetime in federal prison.
• Adults convicted of engaging in sexual activity with children within the United States or outside of the United States can be fined with $250,000 and/or may spend up to 30 years or more in federal prison.

The adult convicted of soliciting with a child will be required to register as a sex offender for a lifetime. Under the U.S Sex Offender Registration and Notification Act a sex offender will have to periodically register his or her full legal name, his or her address, school information if the sex offender is a student, his or her employer name, and address, vehicle information, along with a headshot of the sex offender. The sex offender will have their information published to the public through the U.S Department of Justice: National Sex Offender Public Website (NSOPW).

The ramifications for soliciting with a minor are severe and could greatly alter your lifestyle. If you have been wrongly convicted or you happen to be at the wrong place at the wrong time, you should contact an attorney capable of applying state and federal laws to your case. Contact a local Sex Crime Attorney immediately if you are being charged with soliciting with a minor.

Depending on the circumstances of the situation, sex offenders may be required to register their personal information with state and federal registries. For individuals who committed crimes that violated a federal and state code, may be required to share their private information with the public domain. Sex offenders are sometimes required to maintain registry regulations that aim to track and monitor their lives. Sex offenders may be required to share their housing information, their full legal name, their employer name and address, their vehicle information, their housing information, their school information (if the sex offender is a student) and other information that is requested by the different state registry systems. However, in the state of California, individuals are not automatically required to register as sex offenders on the state registry for soliciting or prostituting. Usually, those soliciting or prostituting will face fines and jail time and may only be required to register as a sex offender if ordered by a judge.

Individuals who are facing a prostitution or solicitation charge have few defenses against the law. However, there are ways in which a penalty can be discharged or levied. Individuals charged with solicitation or prostitution might be able to defend themselves if they:

• Were entrapped through police sting operations that aim to pressure or harass an individual to commit a certain act
• Mistaken for another person
• Charged with poor or insufficient evidence.