Some people use the terms prostitute and escort as interchangeable terms. However, from a legal and practical standpoint, prostitution and escorting are two very different things, especially in states like California, where one of these activities is an illegal act.

What is Prostitution?

California Penal Code § 647b prohibits engaging in, soliciting, and agreeing to acts of prostitution.[1] Prostitution is willfully engaging in sexual or lewd acts with someone else in exchange for compensation. There does not need to be an intent to commit an illegal act, there simply must be purposeful engagement in the act of prostitution for the act to be considered illegal. A prostitute is someone who performs these sexual acts for some form of compensation, whether that be money, drugs, or other financial rewards.

California law also makes it illegal to offer to engage in sexual intercourse or lewd acts in exchange for money or other compensation. The act does not need to take place for someone to be charged with prostitution in California.

What is Escorting?

In contrast, escorting is a legal activity in California. Escorts spend time with someone in exchange for money or financial rewards; there is no element of sexual acts in escorting. Escorts may go to business functions, dinners, concerts, or other social events with their clients, providing company and conversation, not sexual acts. Escorts do need to have a license to perform their services in California or face misdemeanor charges that could result in fines of up to $1,000 and six months in jail.

There is some legal gray area with escorting when the issue of personal time versus escort time arises. If an escort engages in sexual intercourse with a client on their personal time, does that qualify as prostitution? Only if there was payment for such acts at a later date or an agreement that the compensation given for escorting services is also for sexual intercourse.

When an escort engages in, offers, or agrees to sexual acts in exchange for compensation, that becomes prostitution and is no longer a legal activity. Escorts must be careful to avoid discussion of sexual activity to ensure they are not accused of illegal prostitution. It can be challenging to navigate these situations, but as a general rule, escorting is legal in California.

Prostitution Charges in California

While agreeing to engage in sexual acts for compensation is considered prostitution, a case must be built that shows a few elements. Prosecutors must prove that you agreed and intended to engage in prostitution with someone and that you committed an act that furthered the attempt to commit prostitution.

Your sex crime defense attorney may be able to use one of the following defenses to have charges dropped or minimize penalties.

Insufficient Evidence

If a jury has reasonable doubt that you committed prostitution, you may be able to avoid conviction. Remember that the prosecutor must show three elements or risk losing the case against you.

Entrapment

If an undercover police officer used an overbearing tactic to get you to commit the crime of prostitution, you can use entrapment as a defense. This will be a valid defense if you only engaged in prostitution because of the officer’s entrapping conduct.

Other Defenses

Other defenses include that you were falsely accused, you didn’t knowingly engage in prostitution, or that the police conducted an illegal search or seizure.

Penalties for Prostitution in California

Prostitution is a misdemeanor. First-time offenders may be sentenced to up to six months in county jail and $1,000 in fines.

Subsequent offenses may result in harsher punishments, including mandatory jail sentences. A second prostitution conviction carries a mandatory minimum of 45 days in jail, while a third offense carries a minimum of 90 days in jail.

Prostitution acts that occur in a vehicle or within 1,000 feet of a home can also result in a suspended driver’s license.

Prostitution Attorney in California

The debate over whether sex work should be criminalized is not new, and Californians continue to disagree on how prostitution should be treated in state laws. However, as of right now, it continues to be illegal. If you have been charged with prostitution or escorting without a license, contact the Law Office of Sheny Gutierrez for a free consultation. Call us at 714-836-6000 to schedule your appointment with our prostitution defense attorney.