Los Angeles Supervising or Aiding a Prostitute Lawyers
Human trafficking has been a focus of law enforcement efforts during recent years. It is commonly believed that the prohibitions in this area of law only apply to “pimps” or brothel owners. However, the laws addressing the facilitation of prostitution actually cast a much wider net. Under California Penal Code (PC) 653.23 a person can be charged with a crime for merely assisting or supervising prostitution activities. Like other sex crimes, PC 653.23 is a serious offense that can result in jail time and costly fines.
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Activities That Violate PC 653.23
Several different activities are covered by this code section. First, the statute makes it illegal to “direct, supervise, recruit, or otherwise aid” another to solicit prostitution, or to engage in the act. It is also a crime to assist or supervise a person who is loitering with the intent of carrying out prostitution. Furthermore, the statute makes it illegal to receive money generated through prostitution-related activities.
The statute itself provides non-exclusive list of how a violation of PC 653.23 might occur. For example, constant communication with a person who is loitering with the intent to prostitute will constitute a violation. Similarly, a person who is continuously observing a suspected prostitute can be charged.
Other situations which fall under the purview of this section include repeated attempts to contact pedestrians or drivers to offer prostitution services. Even the perceived receipt of money from a sex worker is chargeable as an offense.
PC 653.23 is distinguishable from the act of “pimping” as defined in PC 266(h). To be found guilty of pimping the prosecution must show one helped locate clients, or received consistent financial support for subsistence. Yet, you can be convicted under PC 653.23 for much less. For one, this section does not require a defendant’s participation in finding clients. Second, the crime applies whenever you receive money from a sex worker regardless of the amount or frequency. Finally, PC 653.23 does not require that a sex transaction actually take place. Therefore one can be charged or convicted for assisting in unsuccessful attempts at prostitution.
PC 653.23 is also distinct from the crime of pandering as found in PC 266(i). The latter section only applies to the recruiting of prostitutes. The crime is complete once another person agrees to sell sexual services. In contrast, PC 653.23 requires that the recruit start working as a prostitute. This section also prohibits recruiting clients for a sex worker. Although these two sections are separate crimes, a person can be charged with both if the circumstances warrant.
The Sentence For a PC 653.53 Conviction
PC 653.23 is classified as a misdemeanor offense. As such, the court may sentence a defendant to a maximum of six months in the county jail. The court can also impose a base fine of up to $1,000.
Misdemeanor convictions also have other negative implications. Under California Civil Code Section 1785.13, a misdemeanor conviction can be reported by a commercial background check agency for seven years. Misdemeanors may also prevent you from obtaining employment-related licensing, such as a real estate broker license. A convicted defendant may also have to register as a sex offender, or submit to a mandatory HIV test.
Fighting PC 653.23 Cases
A proper defense is crucial when fighting a PC 653.23 case. In some scenarios it may be appropriate to argue that there was no intent to commit the crime.
Another possible defense is mistake of fact. Under this defense the defendant would assert that he or she did not know how the money was earned. To be successful, it would require factual support proving that the defendant did not know prostitution was occurring.
A defendant may also use the defense of entrapment. This defense alleges that police coerced or unreasonably persuaded the defendant to engage in criminal activity. For the defense to be viable police must do something more than just offer an opportunity to break the law. They must use overbearing tactics such as harassment or threats to convince the defendant.
If you have been charged with a PC 653.23 offense in Los Angeles, it is important to hire a knowledgeable criminal defense attorney. Get started on your defense as soon as possible to have the best chance at defeating the charges.
Getting Help from Los Angeles Solicitation for Prostitution Lawyers
When you have been arrested for solicitation of prostitution, it is important to get an attorney to fight on your behalf in court. Not only are these type cases very embarrassing for the defendant, the penalties for a conviction in this case may include probation, substantial fines, and mandatory time in the county jail. Never admit anything under pressure from the police, always talk to a criminal defense attorney first.
Here is how the Los Angeles solicitation for prostitution lawyers can help to get a favorable outcome at trial in this case;
Misunderstanding the Intent
In order to be convicted of solicitation for prostitution, compensation needs to change hands in exchange for a sex act. If the customer, known as the john, agrees to completing the transaction with the prostitute, an arrest can be made. There are countless cases in the state where a prostitute approached a john who left a sporting event or bar, and was completely inebriated. They simply agreed to the offer for sex without thinking anything about money. Unable to decipher the difference between a one night stand or solicitation with a prostitute, your attorney can fight to show the john was in fact unaware who he was dealing with.
In this example, your attorney will show the court that the prostitute simply took advantage of a person who had too many drinks and could not make a clear decision because of their condition.
Being Trapped by the Police
The local police are constantly setting traps around the city to catch johns making offers to local prostitutes. These stings work well at deterring many people from considering being with local prostitutes, but the problem still exists. Unfortunately, mistakes are made by aggressive police officers who get frustrated when their trap does not work. The undercover police officer may say too much or approach the john for sex without the suspect saying a word about money. If the undercover cop offers sex for $25, the john may simply go along for the ride with no intention of really paying.
Your attorney may be able to show based on the surveillance used by the police officers that the officer made the offer for cash for sex, and not the other way around. The trap may have been conducted illegally, and your Los Angeles solicitation for prostitution lawyers will show that the charges will have to be dropped.
Poking Holes in the Prosecution Case
One of the ways that your Los Angeles solicitation for prostitution lawyer can help get a favorable ruling is by poking holes in the prosecution case. The prosecution has to prove their case, so when they rest, your attorney will get to work at weakening their evidence. The prosecution must show that the defendant solicited or requested sex for money with a prostitute. If the prostitute has a history of lying to the court, their testimony can help your case. Your attorney will detail this prostitute made the request and offer to the defendant, but the defendant had no intention of following through.
In this instance, unless the sex act was caught in the process by the officer, the Los Angeles solicitation for prostitution lawyer can say the defendant was simply flirting around with the woman and had no intent to ever go through with the sexual act.
Aggressive Pimp Practices
If the prostitute has a pimp, this person may be on the aggressive side in an effort to drum up sales for his stable of girls. The pimp may be under surveillance from the police, and the defendant happens to be in the wrong place when the pimp pushes for this person to have a good time with a beautiful woman who will do anything. The pimp talks money, the pimp talks location, the pimp pushes hard for the deal.
Your attorney can argue that had the pimp not approached the defendant, that no deal would have been agreed upon.
Never assume because the police are telling you that they have an airtight case against you that you need to admit to anything. Your Los Angeles solicitation for prostitution lawyer will carefully go over all the evidence in the case to show that you did not violate any laws and the charges should be dismissed.