Escorts and prostitution tend to get lumped together a lot, but they are very different. For starters, prostitution is illegal in California, while escorts are legal. Escorts offer companionship or accompany someone to an event without sexual contact. Prostitution is the practice of selling sexual acts for money.
What Is an Escort?
Escorts offer companionship. People may pay escorts to attend events with them or just spend time with them. In California, escorts are legal because there are no sexual services performed on the clock. Escorts must apply for a license to legally work in California.
What Is Prostitution?
Prostitution is illegal in California and is considered a sex crime. Those engaging in prostitution can face criminal charges, as can those engaging in pimping or pandering. Prostitution charges are not just reserved for those caught in the act; even agreeing to prostitution can result in criminal charges.
What Does the State Need to Prove For a Prostitution Charge?
In the criminal trial, the prosecutor needs to prove the following two elements for a prostitution charge:
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- The defendant charged with prostitution committed or agreed to sexual acts. Sexual acts can include anything from touching female breasts, genitals, or buttocks to sexual intercourse.
- The defendant intended to exchange the sexual acts for compensation. Compensation could be anything of value, like money, property, valuable information, drugs, or a promise not to arrest the defendant.
- The defendant charged with prostitution committed or agreed to sexual acts. Sexual acts can include anything from touching female breasts, genitals, or buttocks to sexual intercourse.
What Are the Penalties For Prostitution?
Prostitution will generally be a misdemeanor criminal charge. Having this prostitution charge on your record can have a negative impact on your career as well as affecting the result of any additional criminal charges. Due to the social taboo of prostitution as well as it being a crime, these charges may also affect your family’s experience and your social life.
The penalties for prostitution are as follows:
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- First and second-time prostitution charges carry a penalty of up to $1,000 fine and up to six months prison sentence.
- Subsequent prostitution charges can carry prison sentences of between 90 days and six months and up to $1,000 fines.
- First and second-time prostitution charges carry a penalty of up to $1,000 fine and up to six months prison sentence.
Because of the serious penalties of prostitution charges, you should hire a criminal defense attorney to help you prepare a defense.
How Can Escorts Avoid Prostitution Charges?
The best way for escorts to avoid prostitution charges is to never agree to sexual acts while working as an escort. If you are hiring escorts, then never agree to have sex with them while they are on the clock.
Secondly, never agree to exchange sex or sexual contact for something of value. If nothing of value changes hands, then there is no crime.
Escorts and clients of escorts facing prostitution charges should hire a criminal defense attorney. They can help you prove that there was no agreement to have sex, there was no compensation for sex, or that the charge is false. Escorts must have a valid license to work in that career in California.
Contact us if you are facing prostitution charges, whether you are a client of escorts or an escort yourself.