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RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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Is asking some one for sex without any talk or agreement of

Resolved Question:

Is asking some one for sex without any talk or agreement of money being exchanged an act of solicitation for prostitution?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 7 years ago.

Thank you for contacting Just Answer with your question.


Generally speaking, no, it is not. Solicitation in California is a misdemeanor. The misdemeanor of solicitation has three elements. First, a person must have specific intent to engage in an act of prostitution. Second, the person must "manifes[t] an acceptance of an offer or solicitation to so engage." Cal. Penal Code 647(b). Finally, some act must be done "in furtherance of the commission of an act of prostitution." the code reads in full:


Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.


Therefore, in order to be guilty of solicitation, you must first have the intent to solicit a prostitute, solicit someone to engage in the act, and do some act in furtherance of the solicitation, such as offer money or something else in exchange for sex. Simply meeting a person in a bar, hitting it off with them, and asking if they'd like to have sex is not solicitation.



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