Last Updated on September 19, 2024
Prostitution is illegal in California, leaving many people to question why pornography and escort services are legal when selling sex acts is not. While we’ve already covered the fine line between prostitution and pornography, that doesn’t explain why escort businesses are legal in San Diego and the rest of California. Though escorts and prostitutes are frequently confused for one another, here’s why one is legal, but the other is not.
What is an Escort?
The biggest difference between an escort and a prostitute is that escorts are paid for their time, not for sex acts. Escorts are intended to be companions for their clients, and while their jobs might entail nudity or romantic or sexual behavior, they cannot have sex or engage in lewd behavior with their clients for money. As soon as someone agrees to have sex for money or goods, they have engaged in prostitution.
Why Are Escort Services Legal?
Precisely because they are licensed and cannot legally operate as prostitutes. In San Diego, escorts must be licensed or work for someone with a license. Escorts who perform nude services must get a second license for this work. To be an escort in California, you cannot perform acts of prostitution or obscene live conduct —for example, masturbating in front of a client or simulating sex acts. Both of these acts are misdemeanors.
To maintain an escort license, the escort or the company she works for must maintain a daily register that documents the names of all employees, the true identity of all clients as proved on a government-issued ID, and each employee’s work hours.
Escort, Prostitution, Solicitation, Pimping, or Pandering Penalties
Breaking the city’s escort, prostitution, or solicitation laws are all misdemeanors punishable by up to a $1,000 fine and 6 months in jail. However, if you operate an escort business and have been accused of pimping or pandering, the penalties are much more severe. You can be sentenced to up to 6 years in prison and $15,000 in fines.
Fighting Prostitution and Solicitation Charges
Because escorts can have sex with their clients (as long as it was not part of their job or in exchange for compensation), it can be very difficult to prove an escort or her client engaged in prostitution or solicitation. To do so, the prosecution must successfully prove that the two parties participated in sex (or were actively moving forward with the act) and that the sex was compensated in one way or another.
Generally, the prosecution does not have enough evidence to prove that an escort or her client broke the law unless the defendant was caught in a sting operation. When sting operations occur, the most important evidence is whether the person had an agreement of sex for money and then met for that purpose. Entrapment is a very difficult defense in these cases because one has to prove they wouldn’t have committed the crime were it not for coercive police conduct. Answering an internet ad for sex isn’t entrapment because no one is required to respond to such solicitation.
Pimping and Pandering Defenses
Fighting pimping and pandering charges can be much more difficult and will depend largely on the specifics of the incident. If you have been accused of pimping or pandering, speak with a defense lawyer as soon as possible. Do not speak with the police without an attorney present.
If you have been accused of violating escort, prostitution, solicitation, pimping, pandering, or any other related laws, please call (760) 643-4050 to schedule a free initial consultation with attorney Peter M. Liss.
