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(916) 404-6866 (916) 404-6866Charges that allege an act of prostitution can be among the most difficult to understand. This is because no statute under state law specifically refers to this act. Instead, people facing accusations of prostitution will have to defend themselves against charges of disorderly conduct.
Still, the core concept of selling sex is illegal. Both the seller and the buyer may face criminal charges. In fact, an arrest can still occur even if the exchange never took place. Regardless of the exact nature of your circumstances, a Folsom prostitution lawyer may be able to help. Our criminal defense attorneys could work to explain the law, evaluate the prosecutor’s case, and fight to protect your legal rights.
State penal code uses the broad umbrella of disorderly conduct to describe a series of behaviors that go against the general welfare of society. According to California Penal Code § 647(b), soliciting, agreeing to participate in, or engaging in an act of prostitution falls into this category. As such, prostitution is a misdemeanor offense in most circumstances where a conviction can result in a maximum fine of $1,000, a jail sentence of up to six months, or both.
The basic concept of prostitution involves exchanging money for sex. However, the legal definition of prostitution is far more wide-ranging. Under state law, it is illegal to merely offer to make this exchange. As a result, even if sex never occurs, parties may face prostitution charges.
Similarly, the exchange does not need to involve cash. A promise to engage in sex for any property of value also violates the law. Finally, the action does not need to suggest sexual intercourse. Any act that occurs for the purpose of sexual gratification may still constitute a violation of the law. A prostitution attorney in Folsom could provide more information about what activities may lead to an arrest.
Prosecutors always bear the legal burden of proving each portion of a prostitution charge beyond a reasonable doubt. This means demonstrating an agreement between two people to make the exchange. It is possible to defeat a prostitution charge by disputing any of these portions.
One potential avenue for defense is the argument that a sexual encounter did not involve the exchange of money or property. In this situation, text messages or emails could help to prove a consensual sexual meeting free from expectations. It may also be possible to argue a person accused of soliciting a prostitute thought a meeting was for a simple date.
Finally, people facing allegations of prostitution may be able to argue they were forced into the situation by a third party. A prostitution lawyer in Folsom could help to evaluate which avenue of defense provides the best chance to avoid a conviction.
Allegations involving alleged prostitution activity are serious matters. Even when a conviction is unlikely to result in jail time, it may still force you to pay a significant fine and will create a criminal record. This could jeopardize future employment opportunities or housing options.
A Folsom prostitution lawyer is dedicated to helping you avoid this outcome. We will listen to your story and investigate the incident to provide the best possible defense that fits your needs. Call our office today to schedule an appointment.