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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What do you have to do to get arrested in California? A

Customer Question

What do you have to do to get arrested for prostitution in California? A scenario would be a John or client is an undercover cop and meets you at the hotel. What would you have to do not get charged for prostitution or arrested for prostitution or where there is no grounds for a prostituion charge or arrest?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Prostitution is an offense, the elements of which are in PC 647 (B):

"(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 act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.

So basically if you agree to have sexual contact with someone and show up at the hotel, that's sufficient to get you charged with a prostitution offense.

If you solicit someone to have sexual contact with you for money, that is prostitution. And of course, if you actually have sexual contact for money, that's prostitution as well.