So most people are aware that prostitution is illegal in California (and almost all of the states). But are escorts legal in California? The answer is yes. Escorts are legal but need to stick to strict regulations.
What Are Escorts?
Escorts are people who sell their companionship to clients. They may accompany them to events or even spend time with clients but cannot have sex while performing their duties or perform sexual acts in exchange for compensation. Any paid sexual contact they have will leave them susceptible to prostitution charges.
Prostitution and Solicitation Laws
Escorts in California who get paid for sex can face prostitution charges. Clients who pay escorts for sex can face prostitution charges. Escorts or clients that ask to exchange sex for money can face solicitation charges.
The charges for solicitation are just as serious as prostitution in California. Prostitution charges also apply to agreeing to sexual contact for compensation. Solicitation charges apply to coercing, convincing, or even asking for sexual contact in exchange for compensation.
Penalties For Escorts Charged With Solicitation or Prostitution
An escort who agrees to have sex with a client while they are being paid or in exchange for something of value may be charged with prostitution. Even suggesting it can lead to solicitation charges which are as serious as prostitution charges.
The penalty for a first-time prostitution offense is summary probation or up to six months in county jail. The escort may also receive up to $1,000 in fines. Subsequent offenses carry additional maximum jail time:
- Second-time offense = at least 45 days in jail
- Third-time offense = at least 90 days in jail
- All subsequent offenses = at least 90 days in jail
It the prostitution or solicitation happens while the escort and their client are in a car or other type of vehicle, then they may lose driving privileges too.
How Escorts Can Defend Themselves Against Prostitution or Solicitation Charges
The prosecutor has the burden of proof to prove that you are guilty of prostitution or solicitation. If they are not able to prove your guilt beyond a reasonable doubt, you will not be convicted. That being said, if you have been charged with prostitution or solicitation, you should hire a criminal defense attorney. Escorts and their clients should definitely hire a lawyer to help them prove that they engaged in escort activities and not sexual activity.
In order to defend escorts and their clients from solicitation or prostitution charges, attorneys will examine the circumstances to pick the best defense. Possible defenses include:
- There was no sexual contact and no talk of sexual contact
- No compensation was offered in exchange for sexual contact
- You were charged as the result of entrapment
- Law enforcement officers or the state violated your rights when arresting you or gathered evidence
- You are not the defendant, and this is a case of mistaken identity.
If you are an escort, who has been charged with prostitution or solicitation or arrested for the crimes, then hire a criminal defense attorney. They will protect your rights and help you to build a strong defense.