Prostitution, considered a sex crime in California, may be charged under a variety of circumstances. Although considered “the oldest profession in the world,” it still carries criminal penalties, which include probation, fines, community service or labor, jail time, a possible state prison sentence and, in connection with certain offenses, a requirement that the offender register as a sex offender, pursuant to California’s Penal code 290. In order to best avoid these penalties, it is important for the accused to hire a criminal attorney who specializes in California sex crime defense to ensure the most qualified representation.
An individual (either the alleged prostitute or the alleged customer) will be charged with prostitution (any lewd act between persons for money or other consideration) as a misdemeanor when he or she either solicits, agrees to engage in or engages in any act of prostitution, which is evidenced by something done in furtherance of the commission of the act. An act in furtherance can be payment, going to a specific location or may consist of words only, if the statements made were unambiguous and unequivocal in conveying that the agreed act of prostitution would occur and moved the parties toward completion of the act. If the accused is convicted and has been previously convicted of this same offense (which is proven to the judge and/or jury) on one occasion, he or she will be sentenced to a mandatory minimum 45-day jail sentence. and if convicted on two or more occasions, he or she will be sentenced to a mandatory minimum 90-day jail sentence.
Persuading or enticing an unmarried female virgin under the age of 18 to engage in prostitution, aiding and assisting in such persuasion or procuring such an individual under false pretenses or other fraudulent means to have illicit sexual relations with another will be charged as either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence, a maximum $2,000 fine and a requirement that the guilty register as a sex offender. In order to be convicted of this offense, it must be proven that the female was previously “of chaste character” and that she was under someone’s care. It therefore follows that no crime is committed if the woman isn’t a virgin, is living on her own and is simply aided in being placed in a house of prostitution.
The most serious prostitution charge involves an individual who takes a minor (a person under 18) away from his or her parents or other guardian without the parents’ or guardian’s consent for the purpose of prostitution. If convicted under these circumstances, the accused faces a felony, punishable by imprisonment in the state prison for 16 months or two or three years, a maximum fine of $2,000 and mandatory registration as a sex offender, pursuant to Penal code 290.
The skilled criminal defense lawyers at The Kavinoky Law Firm have mastered California sex crime defense and all of the defenses that are applicable to these types of crimes. They know how to effectively argue insufficient evidence, lack of intent, lack of knowledge or any other defense that may be used to convince a judge or jury that the accused should not be convicted of prostitution. They thoroughly examine every police report and all witness statements, visit the scene where the alleged crime took place and speak to any and all witnesses in an effort to uncover how their client’s constitutional rights may have been violated, which could result in a reduced charge, a suppression of evidence or an early dismissal of the case. The outstanding Kavinoky Firm has law offices in Los Angeles and throughout the state, enabling them to provide their excellent legal advice and services to anyone in need of a California sex crime defense attorney. Contact them today for a free consultation and for unparalleled representation.
