In the State of California, anyone who engages in solicitation or prostitution is charged with disorderly conduct, a misdemeanor offense.

However, in order to be charged with a sex crime, it is not necessary for you to be directly involved, you can be indirectly involved though being directly involved means a stronger case against you.

The penalties for solicitation are not as harsh in comparison to other more serious sex crimes; but, in recent years, there has been a significant increase in arrests, and those charged may experienced mounting negative repercussions from family members and friends. California solicitation law is contained in sections 647 through 653.26 of the California Penal Code. The definition of solicitation is contained in Section 653.20 and 647(a):

  • California Penal Code §653.20: “means to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public.”
  • California Penal Code §647(a) defines solicitation: “Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.”

“Other Consideration” means that the exchange of money is not necessary to be charged with disorderly conduct. The law only requires an acceptance of the offer. Something other than money may be exchanged for the sex act. For example, a client may offer to do some yard work or assist you in moving. Thus, money never has to exchange hands or even be present.

It is important to be aware that at the time you agree to participate, you accept the offer or solicitation to engage in the act. You may accept the offer in a number of ways: a wink or head nod, it does not have to be verbal, yet it must signify your acceptance of the offer. Once you accept, a law enforcement agent may determine that is enough probable cause and charge you with the offense.

First time offenders face up to six months in jail and $1,000 fine (California Penal Code Sections 672 and 19). However, an experienced criminal defense attorney may be able to negotiate a reduced sentence or lesser charge. If you have been charged with solicitation, call our office today. We will help you understand the charge, answer your questions and concerns, and provide you with the best legal options available for your case.

There’s no substitute for a strong Sacramento criminal attorney, call Wing & Parisi at (916) 441-4888.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.
Linda Parisi
Law Office of Wing & Parisi
917 G Street
Sacramento, CA 95814, USA
(916) 441-4888
December 1, 2014

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.