Prostitution/Solicitation | Penal Code § 647(b)

Description

Prostitution includes any lewd act between persons for money or other consideration. Any person who solicits or agrees to engage in any act of prostitution with the intent to receive, or pay or transfer, compensation, money or anything of value from another person.

What does the prosecutor have to prove?

1. Defendant solicited in an act of prostitution.
OR
1. Defendant agreed to engage in an act of prostitution.
OR
1. Defendant engaged in an act of prostitution.
2. Defendant intended to receive compensation, money, or anything of value from another person.
3. Defendant had specific intent to engage in an act of prostitution and manifested an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person also possessing the specific intent to engage in prostitution.

Punishment

Misdemeanor: 0-180 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No