February 8, 2011 By Stephen Klarich

What if I got arrested for solicitation of prostitution, what does the prosecution need to prove and what is the punishment?

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant requested that another person engage in an act of prostitution.
2. The defendant intended to engage in an act of prostitution with the other person.
3. The other person received the communication containing the request.

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.

Under Penal Code Section 647(b); this charge is a misdemeanor and punishable up to 6 months in the county jail and up to a maximum $1000.00 fine. If you have been convicted of this offense in the past, and are currently facing this charge then the minimum amount of jail time would be 45 days in the county jail and a maximum $1000.00 fine. If you have been convicted twice prior to the current offense, and are currently facing this charge then the minimum amount of time that you could be sentenced to is 90 days in the county jail and a maximum $1000.00 fine.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (877) 466-5245 to speak to an experienced criminal defense attorney about your case.

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