Prostitution and solicitation are considered acts of disorderly conduct under California law. Other examples of disorderly conduct are fighting, public drunkenness, and loitering. Disorderly conduct offenses are misdemeanors. Prostitution is offering to and engaging in sexual acts in exchange for money or something of value 2 , and solicitation is the act of offering money or something of value in exchange for sexual acts.
Manifesting acceptance shows intent. They talk about Pokemon. She has committed an act of prostitution, but he did not solicit it. AND after manifest acceptance, there is an act in furtherance of the agreement. By act , the law means doing anything to further the agreement, even speaking, so long as what is said clearly indicates that prostitution is going to happen, like telling a client to undress.
A conviction for prostitution or solicitation can be very embarrassing for the individuals and their families. Carrying the stigma of a prostitution or solicitation conviction can also have long-last implications after the statutory penalties are long over, such as:.
The best defense to a charge of prostitution or solicitation is to disprove one of the elements. In order to get a conviction, the government has to prove beyond a reasonable doubt that every element of the crime is met. The best defense is to attack the weakest evidence.
There was no sexual conduct. There was no offer to exchange, nor was there an actual exchange of money or consideration. Two consenting adults engaging in sexual conduct is not illegal. This is true even if one or both of them otherwise have a history of prostitution or solicitation. In this case, there may be a lack of proof that one of the adults received something that would indicate an exchange, such as wad of cash hastily stashed.
