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Penal Code b PC is California's law on prostitution and solicitation. This section makes it a misdemeanor for anyone 18 or older to:. Penal Code b is a "priorable" offense. Additional penalty if committed in a car. Every prostitution and solicitation case is unique. But some of the most common legal defenses we use in these cases include:.
Which specific behavior is charged determines what facts "elements of the crime" the prosecution must prove. It does not require an intent to break the law. Depending on who initiated the interaction, prosecutors might charge this offense against either the prostitute or the customer. Such intent is typically shown by an offer to pay money or other consideration often drugs in exchange for sex. However, it is not necessary that the other person has shared that intent. Intent to solicit prostitution must be clear.
Some acts may look bad but are potentially innocent. These acts are not — at least, by themselves — proof of the intent to solicit prostitution. Someone can violate PC b merely by agreeing to engage in an act of prostitution — but only if he or she means to follow through on it.
More than a verbal offer is required. For instance:. Children under age 18 cannot be found guilty of prostitution in California. The child will not go to juvenile hall or jail. Instead, the child may be adjudged a dependent child of the court and taken into temporary custody.