Often referred to as “the world’s oldest profession,” prostitution is very common in the U.S., despite being illegal in every state but Nevada. Though we share a long border with Nevada, prostitution is just as illegal here as it is in the rest of the country. If you should ever face prostitution charges in San Jose, it’s important that you keep yourself informed. Here’s a brief look at California’s prostitution laws:
Who It Affects
In California, prostitution is a type of disorderly conduct defined as “any lewd act between persons for money or other consideration.” This extends both to people who solicit sexual acts in exchange for money, and those who accept those solicitations. However, those who accept also have to take steps towards actually engaging in prostitution, such as taking off an article of clothing or putting money on the table.
In California, prostitution is considered a misdemeanor offense, typically punishable by less than three months in jail. First-time offenders usually spend a few weeks in jail, perform community service, pay fines, or some combination thereof. Those convicted of prostitution may also be subject to AIDS testing. If the result is positive, that individual may be charged with a felony if he commits the crime again.
Police officers often catch prostitution solicitors through sting operations, during which they either set up cameras or pose as solicitors. However, the police sometimes go too far by forcing the hands of otherwise law-abiding citizens. The police should be out catching serious criminals, not tricking innocent civilians into committing crimes—that’s why arrests and indictments that stem from entrapment should never go uncontested.
If you believe that you’ve been a victim of entrapment, contact Hinkle, Jachimowicz, Pointer & Emanuel. Even if you’re guilty of prostitution, our skilled lawyers can help the judge and jury better understand your circumstances and hopefully pass a tamer sentence. For more information, call us today at (408) 916-1413.