San Diego Solicitation of Prostitution Lawyer Mark Deniz Will Defend You Against Solicitation Charges PC 647(B)
- Solicitation of prostitution
- Agreeing to engage in an act of prostitution
- Loitering for the purposes of prostitution
- Escorting without a permit
Call my firm to get a consultation and get your solicitation case handled at 858-429-9982. Do not call an Los Angeles law firm only to be handed to a young attorney they contract out to. Get a former San Diego prosecutor on your side.
San Diego also has a large number of massage & wellness parlors that are intended to help supply the demand. The various law enforcement agencies of San Diego, usually through their “vice” divisions, carry out various stings. In this modern world, the term “escort” and “services” can mean a number of things. It can range from a private dancer to simple companionship. Massage & wellness has evolved over the years to include a variety of practices. Law enforcement takes all these types of services and lumps them into one: Prostitution.
We defend solicitation of prostitution cases from Escondido, Chula Vista, Carlsbad, and surrounding San Diego county. We are especially skilled and experienced in defending Backpage, Craigslist, Eros and MyRedBook cases. We know how to defend against massage parlor sting operations. You may be eligible for a diversion program that can prevent a conviction of prostitution charges. I, Mark Deniz, have seen the other side as a prosecutor and can navigate someone through the process.
What Are The Most Common Prostitution-Related Offenses Charged in San Diego?
Agreeing To Engage In An Act Of Prostitution
Agreeing to a sexual act in exchange for money or something of value. The prosecution must prove that there was an agreement to a sexual act, that the defendant agreed to engage in that act and that the defendant “did something to further the act of prostitution.” This means that an agreement to exchange sex for money is not enough to prove the charge, the prosecutor must prove that there was an additional act beyond the agreement that was in furtherance of committing an act of prostitution.
Escorting Without A Permit
If the police try to set you up for a prostitution charge but can’t do it, they may charge you with “escorting without a permit,” which is a violation of a San Diego Municipal Code. They may also charge this along with a prostitution charge. Escorting without a permit is a misdemeanor that can carry up to six months in jail and a $1,000 fine.
You Can Beat an Internet-Based Sting
The SDPD Vice Unit’s latest tactic is to troll internet classifieds looking for escorts, and yes, law enforcement has figured out to look in the “therapeutic Services” section of Craigslist now that the “Adult Services” section is gone. Often these San Diego escorts, massage therapists or dancers are from out of town and advertise that they are in town for the weekend. The police will lure an escort, massage therapist or dancer to a hotel, and then — no matter what happens, even if no illegal activity occurs — the person is arrested and soon finds herself in a room with dozens of others who fell into the same trap. If this or something similar happened to you, call us right away to obtain a San Diego attorney who knows how to defend these cases. As a former prosecutor, I have handled hundreds of these cases. I have seen cases that have issues. Even if you think you may have violated the law, we can help you fight this charge. We have experience successfully fighting these cases.
Solicitation Charges Can Upend Your Life Without Strong Legal Representation
Solicitation of prostitution is a common offense in San Diego. San Diego has one of the largest concentrations of escort providers in the United States. It is a service that has high demand when considering the population of the city, tourism, military presence and the overall demand for such services. San Diego also has a large number of massage & wellness parlors that are intended to help supply the demand. The various law enforcement agencies of San Diego, usually through their “vice” divisions, carry out various stings. I take pride in knowing the majority of clients who get caught up in a trial to obtain a favorable resolution of their issue. You have done the internet search and seen there are not many private attorneys who are well-versed on the issue.
Our firm is different. The first step is to ensure the police can prove their case. When dealing with San Diego prostitution, there is a fine line of what is and what is not legal. Can the prosecution prove BEYOND a reasonable doubt the elements of the crime? I was a prosecutor for almost 10 years and handled prostitution cases and jury trials. If the government is looking like it can prove their case (after thorough examination), you get the best resolution possible. In most cases, I have been able to procure diversion for my clients. Diversion is usually entering an agreement that if you stay out of trouble and complete some classes and such you can get the charge reduced. If this sounds like what you need, it is best to get started as soon as possible. Contact my firm now at 858-429-9982 for a free case evaluation.
How Does Solicitation Of Prostitution Arrests Work In San Diego?
SDPD Vice Units regularly use “decoys” to pose as san diego prostitutes to lure unsuspecting customers into arrest. Often people are arrested even if they had no intent to engage in an act of prostitution. The truth of the matter is this: Whether you are guilty or innocent, the police will arrest anyone who comes into contact with their undercover operation. This is why it is important to have an experienced criminal defense attorney to fight your solicitation of prostitution charge in court. Whatever the circumstances, The Law Offices of Mark Deniz APLC is experienced in these cases and will help you either by fighting your case all the way to trial or resolving the case with minimal consequences.
What Are The Requirements For A Solicitation Of Prostitution Conviction?
The most common charge is Penal Code PC 647(b). You can be convicted for solicitation of prostitution if the prosecution proves that:
- You requested or asked someone else to engage in prostitution. Prostitution is defined as engaging in sexual intercourse or a lewd act in exchange for money or some other form of payment. Touching the genitals or another part of the body for the purpose of sexual gratification or arousal qualifies as a lewd act for the purposes of this section.
- You intended to engage in the act of prostitution with the other person. The government must prove that you meant to follow through with a request to engage in prostitution. For instance, if you were joking around and did not mean what you said, the government would have a difficult time proving that you intended to engage in prostitution.
If there is some question as to whether the other person received your request, the government will also have to prove that the other person in fact received your request. This does not come up frequently. Most charges for solicitation of prostitution arise from undercover police operations. It is important to know that you can be found guilty of this charge even if the other person (i.e. an undercover police officer posing as a prostitute) does not intend to engage in prostitution.
In these types of cases, we can obtain records regarding the undercover investigation that can help in your defense. Jurors are often bothered by a large amount of resources police agencies pour into these types of sting operations, and by the fact that police agencies generally do a poor job of preserving evidence in these operations. For example, the conversations between undercover officers and suspects are usually transmitted through a wire. However, police agencies do not generally record this information for use in court. Many jurors feel uncomfortable convicting someone without this type of evidence.
Consequences of Solicitation in San Diego, CA
You may be sentenced to up to six months in jail for this charge. The judge may also suspend your driver’s license for up to 30 days under some circumstances. If you have been convicted for this charge in the past, you are facing more serious consequences. A minimum of 45 days in jail is required if you have been convicted once before for this same charge. If you have been convicted two or more times previously for this charge, a minimum of 90 days in jail is required.
Diversion Programs in Prostitution or Solicitation Cases
If this is your first offense and even on repeat offenses, The Law Offices of Mark Deniz APLC may be able to help you avoid jail time and obtain an offer through a diversion program. In a diversion program, my clients agree to attend a “prostitution education class” and possibly additional counseling. After the completion of the program, the charges are dismissed. In the cases of first offenses, this may be a matter of attending one class that lasts a few hours. For repeat offenses, a more intensive program may be required to avoid jail time.
The case begins with making sure the prosecution can prove their case. The next step is to get a favorable resolution. We do this for our clients. Call our office for a consultation to get started on your case 858-429-9982.
Defense Attorney In San Diego For Solicitation And Prostitution Arrests PC 647(b)
Enforcement of prostitution has become a major priority for local law enforcement agencies. The San Diego Police Department has been especially cracking down on internet escorting. Even if you think you may have violated the law, I can help you fight this charge. I KNOW THE STRATEGIES THE PROSECUTION & POLICE DEPARTMENT USE TO TRAP ESCORTS, MASSAGE THERAPISTS, DANCERS AND ESCORTS. I KNOW HOW TO FIGHT BACK. I am an experienced prostitution defense lawyer who can fight the SDPD vices prostitution cases. I know that their version of events is usually inaccurate.
Why do they get away with this? Because they don’t think anyone will fight back. DO NOT CAVE TO THE PRESSURE TO PLEAD GUILTY. All too often, people charged with prostitution-related offenses feel they have no choice but to plead to the charge. DON’T DO IT. If you are convicted of violating California Penal Code 647(b), the offense is “priorable.” This means that every time you are ever convicted of another prostitution offense, the punishments will get more severe every time. Do not just walk in and think the prosecutor is going to give an offer because you are a nice person and this is your first time. Also, this is a specific fact charge that is based more on facts than law so do not get just any lawyer. Get an attorney on your side who knows this business. Call now for a free evaluation at 858-429-9982.
Even if you don’t qualify for the diversion program or can’t accept the diversion program, you can and should fight this case. Remember: There’s a lot that can be done on these cases. Don’t just show up to court and accept the first thing offered. You owe it to yourself to at least ask an experienced prostitution defense lawyer to discuss your case.
What is Penal Code 647(B)?
Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (a) 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. (b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration. (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms. (d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. (e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. (f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or another public way. (g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force that would be lawful were he or she affecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons: (1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug. (2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f). (3) Any person who a peace officer in good faith believes will attempt to escape or will be unreasonably difficult for medical personnel to control. (h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as an opportunity may be discovered. (i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. (j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments. (2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. (3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. (B) Neither of the following is a defense to the crime specified in this paragraph: (i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. (ii) The victim was not in a state of full or partial undress. (4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. (B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image. (C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing. (D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: (i) The distribution is made in the course of reporting an unlawful activity. (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. (iii) The distribution is made in the course of a lawful public proceeding. (5) This subdivision shall not preclude punishment under any section of law providing for greater punishment. (k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in county jail. In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in county jail. In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment. (l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (m) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.