Solicitation

WHAT WILL IT TAKE TO MAKE SURE YOUR RECORD IS KEPT CLEAN IF YOUR CHARGED WITH SOLICITATION OF PROSTITUTION (PENAL CODE SECTION 647)?

Fortunately there has been a policy shift in the prosecutor’s office in Los Angeles County regarding how they are dealing with solicitation cases in the Valley Courts (Van Nuys / San Fernando) and other courts in Downtown LA. Recently I have had great success convincing prosecutors to give my client’s diversionary sentences on solicitation cases. Getting diversion means you avoid a conviction on your record.

There are a number of factors that go into deciding whether the prosecutors will demand that a client take a conviction on their record. However, on a first offense with no other crimes pending, now clients have a chance to avoid a conviction! This is a huge turn of events in these type of case. To avoid a conviction like this on a person’s record is a result that can be a life changer. I encourage you to come and sit down with me so we can figure out what your exposure is related to your case and what I can do to minimize the effects of a solicitation case on your life. Your peace of mind and the protection of your record are only a phone call away (866) 986-2092.

WHAT MUST THE PROSECUTORS PROVE TO CONVICT YOU OF SOLICITATION?

To be convicted of solicitation the prosecution must prove beyond a reasonable doubt that you, as the defendant, requested another person to engage in an act of prostitution; that you had intentions to engage in an act of prostitution; and that the other person received and understood the communication that was occurring.

If convicted of solicitation the penalties include up to 3 months in jail and a $500 fine. Also, for some sex related crimes it Judge’s discretion to require sex offender registration as required by California Penal Code section 290, while other convictions require registration.

WHAT WOULD THE PROSECUTORS HAVE TO PROVE AT A JURY TRIAL FOR YOU TO BE FOUND GUILTY OF SOLICITATION?

In order to convict a person for solicitation, the government must prove the following three elements…

a. The person solicited another to engage in an act of prostitution

b. The person intended to engage in an act of prostitution

c. The person communicated their solicitation in a manner that was understood by the other party.

Many people think that they have to “solicit” sex from what would ordinarily be considered a prostitute. This isn’t true, as the rules above show. The government defines an act of prostitution as the performance of sexual intercourse, between two persons, for compensation, monetary or otherwise. Solicitation can occur in either public or private places, and the government must prove that the party acted in a manner specifically intended to solicit sexual intercourse from another.

There are many different ways that an act of prostitution can occur. The crucial thing that the prosecutors would have to prove is that one person offered another person a sex act in exchange for money. If this can be shown, both parties are guilty of solicitation.