California Solicitation Defense Attorneys

Understanding Solicitation

Solicitation in California often goes hand-in-hand with Prostitution. Solicitation can take on two different meanings in this regard. It can refer to a “John” (man seeking sexual activity for payment) approaching someone and offering that person compensation of a monetary nature in exchange for sexual activity. Or, solicitation can refer to a “Prostitute” (one who offers sexual favors in exchange for monetary compensation) approaching a potential “John” in hopes that he or she will be able to secure payment in exchange for sexual activity. No matter which of these definitions you have been accused of, Solicitation is a precursor to activity that is illegal.

According to California Penal Code section 647, “Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

1. 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
2. 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.”

On another note, Solicitation can ultimately refer to any instance where one person offers to pay another person to commit a crime. Unless there is physical evidence that payment of some kind has exchanged hands, it is often a matter of one person’s word against another’s. Unless one party has assisted the other in helping prepare or carry out a crime, it is essentially a matter of who is more credible in a courtroom.

Validity of Solicitation Sting Operations

Those who are accused of Solicitation are not always guilty. Many times, sting operations catch solicitors before any money has been exchanged. In a “sting,” law enforcement officials pose as either prostitutes or “Johns” in order to deceive a would-be solicitor into making a deal. In some cases, entrapment can accurately describe such an occurrence, and may alleviate an accused party of his or her solicitation charge in California.

What Can You Do If Accused?

Solicitation, particularly pertaining to sexual activity, can tear a family apart. Even if a person is not convicted, that person may have to carry a stigma for the rest of his or her life. His or her employment situation may become complicated, and other negative factors can lead to a diminished sense of happiness in life. The California Solicitation attorneys at Wallin & Klarich are well versed in Solicitation laws, and can offer you the confidential help and guidance you need to avoid any further embarrassment. We have been defending people’s rights for over 30 years. Call us today at 877-230-1528 for a case evaluation.

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