Prositution and Solicitation Charges in California: 647(b) (PC)

Note: Updated to reflect changes to the law since California Assembly Bill 379 was enacted in 2026.

Prostitution and solicitation of prostitution are two of the most common sex crimes in San Diego, both charged under 647(b) (PC). However, recent reforms have changed how these offenses are investigated and processed, particularly in cases involving loitering, minors, and suspected human trafficking victims. Overall, these changes have been focused on punishing those who solicit sex, rather than those who provide sexual services.

Is Prostitution Legal in California?

No. Prostitution is still against the law under California Penal Code 647(b) (PC). However, recent legislation has softened some of the laws dealing with the act to help protect victims of human trafficking, as well as marginalized communities that were disproportionately targeted under the laws.

For example, SB 357 decriminalized the act of “loitering with the intent to commit prostitution” as of January 1, 2023. Similarly, SB 233, enacted in 2019, prohibits police from using possession of condoms as evidence that someone is a sex worker.

What are the Elements of 647(b) (PC)?

Both those who intend to provide sexual services for compensation and those who intend to purchase these services can be charged under 647(b) (PC). To show that someone violated the law, prosecutors must show that there was:

• An agreement to engage in prostitution, and
• An intent to exchange money or compensation for sexual acts, and
• An act in furtherance of that agreement.

Some examples of prostitution under the law include:

• A woman approaches a man’s vehicle and offers to trade sexual services for drugs.
• A man posts an ad online offering “companionship” and then arranges via text to exchange sexual services for money.

Examples of solicitation under California law include:

• A man emails someone from an escort service online, promising to pay for sex —note that true escort agencies do not solicit prostitution.
• A couple offers an unhoused woman shelter to participate in a threesome.

Loitering for Solicitation: 653.25 (PC)

While state laws against loitering for the purposes of prostitution or solicitation were repealed in 2022, a new law against loitering to purchase commercial sex was added in 2026. Under this law, someone can be charged for operating in a manner that openly demonstrates their desire to solicit prostitution. Examples include:

• Circling a block and asking pedestrians if they perform sexual services.
• Making multiple stops in areas known to be frequented by street prostitutes.

Loitering for the purpose of offering commercial sex is still not against the law unless the standards for 647(b) (PC) are met.

Prostitution and Solicitation Stings

While state legislators are making efforts to stop targeting suspected sex workers,  solicitation charges have become increasingly common over the last decade. These arrests frequently rely on online and street-level police sting operations, such as the January 2026 sweep that resulted in 105 arrests in San Diego. These operations are now frequent throughout the county.

Typically, these cases are proven through text messages and post-arrest interviews with the suspect. Attorneys defending clients in these cases must review all the evidence before developing a defense to the charges, because communications showing someone withdrew from an agreement before the act occurred may support an abandonment defense.

What is the Penalty for Prostitution Under 647(b) (PC)?

Prostitution is a misdemeanor, punishable by up to six months in jail and $1,000 in fines for a first-time offense. While California previously increased penalties for repeat offenders, that is no longer the case.

Notably, those who engage in a sex act performed in a public place, such as a park or car, may also be arrested and charged with lewd conduct in public.

California law generally treats minors involved in commercial sex acts as victims rather than criminal perpetrators, and they cannot be arrested or charged for prostitution since SB 1322 was enacted in 2017.

What are the Penalties for Soliciting Prostitution in California?

The penalty for soliciting prostitution is usually the same as selling sexual services. Additionally, loitering for the purpose of soliciting commercial sex is punishable by a fine of $1,000.

Soliciting Prostitution From a Minor

The consequences for the solicitation of sex with a minor are much more serious if the person being solicited is:

• Under 16, or
• A victim of human trafficking, or
• Three or more years younger than the defendant.

In these cases, the offense is a wobbler, meaning it can be a misdemeanor or a felony. As a misdemeanor, defendants face a minimum sentence of two days in jail and a maximum of 1 year. When the crime is charged as a felony, it is punishable by up to 3 years in prison.

In addition to jail time, those granted probation are required to complete an education program addressing human trafficking and child exploitation.

Anyone convicted of soliciting a minor will be required to register on the sex offender list for between 10 and 30 years. This charge does not apply to juveniles who solicited prostitution from a minor.

In addition to these consequences, anyone who solicits sex from an underage sex worker may also be charged with soliciting sex with a minor, child molestation, or statutory rape charges, all of which carry potential prison terms and mandatory sex offender registration.

Those accused of pimping or pandering a minor can be charged with human trafficking, which is punishable by up to eight years in prison if the minor was under 16.

Defenses to Solicitation or Prostitution Charges in California

Just being charged under 647(b) (PC) does not mean there is enough evidence to prove your guilt. To secure a conviction of solicitation or prostitution, the law states that the prosecution can prove the suspect:

1. Agreed to engage in sexual activity,
2. Intended to do so, and
3. Made an attempt towards furthering the agreement, such as the exchange of money.

In other words, just negotiating the terms of a sexual encounter isn’t enough; someone must take an additional action towards paying for, receiving payment for, or performing sexual activity.

Despite common misconceptions, entrapment rarely works as a defense in these cases because it requires showing that the defendant was tricked into committing a crime they would not have committed otherwise. Similarly,  claiming the encounter was intended for adult-content production is not, by itself, a defense to prostitution charges, as California has stringent laws dealing with the creation of legal adult content.

Your criminal lawyer can help you fight the charges by coming up with the right defense for your specific case, which could involve:

• Showing there is a lack of evidence.
• Arguing that you were wrongly identified as a past offender.
• Claiming that you are factually innocent.
• Proving that the sting operation resulting in your arrest violated the law.
• Securing a plea that allows for a misdemeanor diversion program, allowing you to avoid having a conviction added to your record.

If you have been accused of any crime involving an underage prostitute, do not speak with investigators without your attorney present, as anything you say could hurt your defense later.

Can a Prostitution Charge Be Expunged?

Prostitution convictions can be expunged, as can most solicitation convictions. In fact, people accused of these crimes participate in diversion programs, which will leave them with a clean record that does not require expungement.

However, those convicted of soliciting sex from a minor will almost always be ineligible for expungement.

Call a Defense Lawyer Today

If you have been accused of solicitation or prostitution, remember that you have the right to remain silent and that anything you say can be used against you. As soon as you have been placed under arrest, immediately request to speak to your criminal defense attorney and refuse to answer any questions about the crime you have been charged with. Please contact Peter M. Liss at (760) 643-4050 to schedule a free consultation.

Frequently Asked Questions About Solicitation and Prostitution

Is Loitering for Prostitution Still Illegal?

No. However, loitering for the purpose of soliciting prostitution is a misdemeanor, punishable by a fine of up to $1,000.

Can Prostitution Charges be Dismissed?

Yes. This outcome is possible if the prosecution lacks sufficient evidence or in rare cases involving misconduct.

Will a Prostitution Conviction Stay on my Record?

It depends on the specifics of the case. Both prostitution and solicitation offenses can be resolved through a diversion program that leaves the charge off the defendant’s criminal record. In other cases, the defendant must seek an expungement. Those convicted of soliciting prostitution from a minor cannot have their charges expunged or diverted.

Can Police use Text Messages as Evidence?

Are Escort Services Legal in California?

Yes. However, they must be licensed and operate within the confines of the law. Escort services may legally provide companionship services, but exchanging sexual acts for money remains illegal under California law.

Can Minors be Charged with Prostitution?

Technically, yes, but this is very rare in California. Legislators, police, and prosecutors typically consider minors selling commercial sex acts to be victims, not criminals.