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New Protections for Sex Workers in California
In 2019, California passed a harm reduction bill for sex workers known as "SB 233." This law aims to improve the health and safety of people in the sex trade by:
- Ending the practice of using “condoms as evidence” of prostitution.
- Giving people the power to report a crime they’ve experienced or witnessed without being arrested or prosecuted for related sex work or misdemeanor drug offenses.
Does SB 233 Decriminalize Sex Work?
No. Solicitation and other sex work-related offenses are still illegal in California and may be punishable by up to 6 months in jail and a $1000 fine. SB 233 grants immunity from arrest and prosecution for sex work-related and misdemeanor drug offenses, and prevents police from using condoms as evidence of prostitution.
Is Prostitution Legal Anywhere in the United States?
Prostitution is illegal in the U.S. with the exception of 10 counties in Nevada. In November 2009, Rhode Island closed a legal loophole that had allowed indoor prostitution to exist since 1980.
Also Read: Prostitution in Colorado
What's the Difference Between Solicitation and Prostitution?
Solicitation refers to the act of offering something of value in exchange for a sexual or lewd favor. Meanwhile, prostitution is the act of providing sexual or lewd favors in exchange for something of value, most often money.
What is the Penalty for Paying for Sex in California?
Agreeing to engage in prostitution is a misdemeanor offense in California. Possible penalties that you may face if you are convicted include:
- Up to 6 months of jail time
- Fines up to $1,000
- Additional jail time if you are a repeat offender
How to Beat a Prostitution Charge
If you are facing charges of prostitution or solicitation, you should seek the advice of an experienced criminal defense attorney who knows how to fight the charges and achieve the best possible outcome. A knowledgeable lawyer will review the details of your case, and decide the best strategy to help you to get your charges reduced or dismissed. Potential defense strategies include:
- A mistake of the fact of the circumstances surrounding the charge
- A lack of pertinent evidence to make a conviction
- Insufficient evidence to make a conviction
- Entrapment
Related Articles:
- How Long Does a Misdemeanor Stay On Your Record?
- Gambling Laws in California
- Are Escort Companies Legal?
FAQs
Can someone be charged for attempting to engage in prostitution in California?
Yes, attempting to engage in prostitution, even if no sexual act takes place, is still illegal in California and can result in charges.
Can prostitution charges be expunged in California?
In certain cases, individuals convicted of prostitution may be eligible to have their records expunged in California if they meet specific legal requirements.
Are there any areas in California where prostitution is decriminalized?
No, prostitution is illegal statewide in California, and there are no areas where it is decriminalized or legalized.
What is the legal definition of prostitution in California?
Prostitution in California is defined as engaging in sexual intercourse or other sexual acts in exchange for money or other compensation.
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