San Diego Prostitution Defense Attorney

Remember the movie “Pretty Woman” starring Julia Roberts? It painted an almost rosy picture of prostitution. But in fact, it’s a crime with some heavy consequences. You need experienced San Diego prostitution attorney Elliott Kanter on your side to protect your legal rights. Don’t delay. Call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation.

What is Prostitution?

California Penal Code 653.22 states: It is unlawful for any person to loiter in any public place with the intent to commit prostitution. Three significant terms help to define the code which prohibits prostitution in California:

1. “Commit Prostitution”    To commit prostitution means that a person engages in sexual conduct with another person in exchange for something valuable or money. A valuable can be defined as shelter, food, clothing, jewelry, drugs, or anything else agreed upon as valuable between two people.
2. “Public Place” This becomes an important definition when considering California's adultery laws. Defined as any place open to the public, it includes parks, plazas, alleys, driveways, still or moving automobiles, parking lots, and doorways to buildings.
3. “Loiter.” Anyone who is observed as delaying or lingering in a specific location without lawful purpose is considered to be loitering. Anyone loitering may be accused of soliciting adultery by offering the services or requesting services from others in the area. This definition also includes if someone circles a specific area, such as a street corner or park, in an automobile and beckons to passersby for the purpose of prostitution.

Prostitution is the act of performing a sexual or lewd act in exchange for money or other compensation. To be convicted of prostitution, you do not have to be caught in the actual act of sexual intercourse. The use of undercover law enforcement officers, video, and informants creates the likelihood that the opposition will make mistakes. Several situations apply, including:

• Loitering with intent to engage in prostitution
• Stopping, waving at, or attempting to engage in conversations with drivers or pedestrians in an attempt to solicit customers
• Receiving money after engaging in sexual acts
• Agreeing to perform sexual acts once compensation has first been offered

The Consequences of a Prostitution Conviction

The stakes for prostitution are high. Often, prostitution is a misdemeanor offense. But, the crime of prostitution does have serious consequences even though it is usually not a felony. A conviction for this charge means you will face various penalties, including jail time, fines, probation, and HIV testing. You are not required to register as a sex offender if you are convicted of prostitution, although a judge could include this as part of your punishment. When registration is required, sex offenders face even more challenges in their road ahead as anyone can search for their information and see what crimes they were convicted of.

A conviction can tarnish your reputation and make seeking legitimate employment more difficult since it will be hard to find a business that wants to hire someone with a prostitution conviction on their record. When your family finds out about the charges against you, they may turn their backs on you. Because of the impact, a conviction will have on your personal and professional life, it’s important to seek legal assistance if you are facing prostitution charges in the state of California. Contact an attorney as soon as possible following an arrest so you can get the legal support you need before it’s too late.

What is "Pimping" and "Pandering" in San Diego?

Pimping and pandering are two separate California sex crimes but their purpose is the same: to prevent people from trying to increase the number of available prostitutes. Under California law, pimping is defined as soliciting or advertising for prostitution and collecting money from either the prostitute and/or the customer. Pimping involves the solicitation of customers willing to pay money in exchange for sexual acts. The Pimp advertises for the prostitute and then collects from the prostitute’s pay. Sometimes a pimp collects some of the prostitutes’ pay even when they had no part in finding the customer. The Pimp is the boss and the prostitute is the employee.

Under California law, pandering is defined as procuring another person for the purpose of prostitution.  It includes recruiting individuals to serve as prostitutes for hire, encouraging someone to become or remain a prostitute, and/or making a prostitute available to another person.  The most common violation of the pandering law is the organization of a prostitution service or brothel. You “pander” when you make prostitutes available for sexual services.

Pimping and pandering are both serious offenses.  If you have had these types of charges brought against you it is essential to find an experienced criminal defense lawyer who specializes in this type of law. Your knowledgeable lawyer will assist you in knowing your rights and options. Elliott Kanter has over 40 years’ experience in criminal law. Call our office today or fill out the secure online form for more information.  Your consultation is always strictly confidential. We are here to help you.

Defending Against Prostitution Charges

In order to prove a crime of prostitution, one of the following conditions must have existed:

• One of the parties solicited (strongly urged or enticed) the other for an act of prostitution.
• The parties agreed to engage in an act of prostitution.
• The parties actually engaged in an act of prostitution.

The prosecution will try to prove there was an agreement to engage in the act of prostitution.  This is often done by using a recording device between an undercover police officer and the accused. If there was no recording, the agreement will be difficult to prove.  Also, if the accused has no money on them when they are arrested, this will make it difficult to prove there was intent to engage in illegal activity.

Your first line of defense is a skilled criminal defense attorney. Elliott Kanter has over 40 years of experience in criminal defense and is committed to fighting for your justice. He will evaluate the evidence and witnesses, question the appropriate persons and work with you to build your defense. In some cases, he may be able to negotiate with the prosecutors to have your charges dismissed or reduced. Call our offices today at (619) 231-1883 or fill out the secure online form for a prompt reply.

Hiring a San Diego Criminal Defense Attorney to Fight Prostitution Charges

Just because you are charged with prostitution doesn’t mean that you are guilty of the crime. If you inadvertently strike up a conversation with an attractive man or woman in a club, you could be charged with patronage if that individual is a prostitute. Or, due to an undercover sting operation, you may find yourself in the wrong place at the wrong time. Or sometimes, you may be unexpectedly solicited for money after a sexual encounter. We’ll work to prove your innocence.

Our attorneys have over 40 years of experience defending clients in criminal cases, including in these practice areas: sex crimes, domestic violence, drug trafficking, juvenile offenses, assault and battery, theft, elder abuse, DUI, fraud, and drug crimes. Take the first step towards sex crimes defense in San Diego. You don’t want the stigma of prostitution on your record. You don’t want to go to jail. You don’t want to pay fines. So don’t delay in contacting prostitution attorney Elliott Kanter by phone or email at ekanter@enkanter.com for a no-cost, no-obligation consultation. We’ll look at your case from every angle to prove your innocence.