How much jail time for prostitution?

Answer 1

Soliciting prostitution

In order to convict you of soliciting prostitution, the prosecutor must prove that you

1. solicited another person to engage in an act of prostitution, and
2. that you did so with the specific intent of engaging in an act of prostitution.13

Depending on the nature of the exchange…and on who initiated the interaction…prosecutors could charge this offense against the prostitute or the customer.14

"Soliciting" means to lure; to try to induce or elicit.15 However, simply soliciting another person without more is insufficient to uphold a Penal Code 647(b) solicitation for prostitution case. The California Court of Appeals has noted that if it were sufficient, simply

• being present in a particular place (for example, being in a known area of prostitution),
• waving to a passing vehicle,
• nodding to a stranger, or even
• standing on a street corner in a miniskirt would give rise to this charge.16

Soliciting prostitution calls for more. It calls for the specific intent of engaging in an act of prostitution. This intent is typically evidenced by an offer to pay money or other compensation (typically drugs) in exchange for sexual acts17…not by a simple unspoken gesture or appearance.

It should be noted that one court has even gone so far as to require a third element of the offense -- that the individual being solicited must actually receive the solicitation.18 As a result, if you can prove that no one actually received your offer to pay for sexual services…perhaps the prostitute didn't hear you or a pimp didn't convey the offer…you can't be convicted of this charge.

In that case, prosecutors could elect to charge you with attempted solicitation…subjecting you to three months in jail and a $500 fine (which is half the maximum amount of jail time and half the maximum fine that are imposed in connection with Penal Code 647(b) charges).19 Additional penalties for prostitution offenses are discussed in more detail under Penalties, Punishment, and Sentencing, below.

Agreeing to engage in an act of prostitution

In order to convict you of agreeing to engage in an act of prostitution, the prosecutor must prove that you

1. agreed to engage in an act of prostitution with another person,
2. that you did so with the specific intent of engaging in an act of prostitution, and
3. that in addition to the agreement, you performed an act in furtherance of prostitution.20

This offense is closely linked to soliciting prostitution. The person who solicits will be charged with soliciting, the person who accepts the solicited invitation will be charged with agreeing to engage in prostitution.

Prosecutors can charge you with this offense even if the person who made the offer or solicitation didn't possess the same intent.21 This would be the case if, for example, the "prostitute" was really an undercover decoy officer whose only intent was to lure you into agreeing to the act.

It is the third element that makes this charge unique. It isn't enough to have the specific intent to engage in an act of prosecution. You must perform an act in furtherance ofprostitution.

An act "in furtherance of prostitution" means something more than just accepting the solicitation. Under California prostitution laws, "act" could be

• driving to an agreed upon location where the sexual activity will take place,22
• a verbal command, such as instructing the prostitute to undress (words are sufficient to constitute an "act in furtherance" as long as they are clear and unambiguous),23
• handing over the agreed upon payment, or
• withdrawing money from an ATM in order to pay the other person.

It doesn't matter what the act is, as long as it clarifies or corroborates the fact that an agreement to engage in an act of prostitution has been reached. It is important to note that this act can take place before, during, or after the agreement.24 When the act takes place is not important…that the act takes place is.

Another noteworthy point is that this "act in furtherance" must be clearly stated in the formal written charge against you (otherwise known as a "complaint"). If it isn't, it is a Due Process violation that may result in a dismissal of the charge.25

It should finally be noted that any evidence such as

• possession of condoms,
• large amounts of money,
• possession of a "client book," and/or
• your attire

may all reveal evidence that you are guilty of one of the above offenses. However, none of these "evidentiary" items are sufficient in and of themselves to prove that you are guilty of Penal Code 647(b) prostitution.

Penalties, Punishment, and Sentencing for Prostitution and Solicitation for ProstitutionProstitution, solicitation, and agreeing to engage in an act of prostitution under Penal Code 647(b) PC are all misdemeanor offenses. If convicted, you face up to six months and/or up to $1,000 in fines.

Prostitution / solicitation is a "priorable" offense, which means that the punishment necessarily increases with each subsequent offense.

If you are convicted for your second prostitution or solicitation offense, the judge can order a minimum of 45 days in a county jail.26 If you are convicted of a third prostitution or solicitation offense, the judge can order a minimum of 90 days in a county jail.27

In addition to these penalties, if you committed the offense (1) while using a car, and (2) within 1,000 feet of a residence, the court may

• suspend your license for up to 30 days, or
• issue you a restricted license for up to six months.28

If the judge grants you a restricted license, it allows you to drive to and from work or school. If driving is a necessary part of your employment, a restricted license also allows you to drive within the scope of your employment.

It is also important to note that if you commit one of the above offenses in Los Angeles while in your car, the government may seize and forfeit your vehicle in addition to the above penalties.29

Answer 2

Depends on what state, or country you are in... some states its a felony, others its a misdormenor, fines, and some are mandatory jail usualy 90 days to 1 year...

Answer 3

2 years tops

Answer 4

Hell