Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Prostitution

Prostitution-related cases in San Diego often start with undercover operations that push the limits of lawful police conduct and end with life-changing consequences for the accused. Under California law, prosecutors can pursue charges based solely on an alleged offer or agreement, no physical act is required. A brief text exchange, online chat, or misunderstood conversation can quickly become the centerpiece of a criminal case, exposing individuals to public embarrassment, damage to their careers, and the threat of jail time. When that happens, swift and experienced legal representation is critical to protect the defendant’s rights and challenge how the evidence was obtained.

San Diego Prostitution Lawyer

At The Law Offices of Michael E. Cindrich, APC, Mr. Cindrich brings the insight of a former prosecutor and the determination of a skilled defense attorney to every case. He knows how law enforcement builds these investigations, and how easily they can cross the line. His defense strategies focus on exposing flaws in the prosecution’s case, protecting client privacy, and minimizing long-term consequences. Each case is handled with discretion, attention to detail, and a clear objective: to secure the best possible result and restore stability to his clients’ lives.

The sections that follow explain how California law addresses prostitution-related charges, the potential penalties involved, common defense strategies, what to expect throughout the legal process, and the role of a San Diego prostitution lawyer.

Overview of Prostitution Charges in San Diego

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California Laws on Prostitution and Related Crimes

Prostitution and Solicitation Under California Penal Code § 647(b) — California Penal Code § 647(b) makes it unlawful for any person to engage in, solicit, or agree to engage in an act of prostitution. The law defines prostitution as performing or offering to perform a lewd act or sexual intercourse with another person in exchange for money or something of value. Both the person offering sexual services and the person offering to pay can be charged. A person is considered to have agreed to engage in prostitution when, with specific intent to do so, that person accepts an offer or solicitation and performs some act in furtherance of the offense, such as arranging a meeting or discussing payment.

A violation of § 647(b) is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, probation, mandatory HIV testing, and possible community service. Repeat offenses can result in increased penalties and longer probation terms. The law applies to both in-person and electronic communication, including text messages or online advertisements.

Enhanced penalties apply when minors are involved. If the person solicited is under 18 and the defendant knew or reasonably should have known, the punishment can include up to one year in county jail and fines up to $10,000 under § 647(l)(1). If the minor is under 16 or is a victim of human trafficking as defined under California Penal Code § 236.1, the offense may be charged as a felony punishable by imprisonment under California Penal Code § 1170(h). Minors who engage in prostitution are not prosecuted; under § 647(b)(5), they are treated as “commercially exploited children” and may be taken into protective custody under the Welfare and Institutions Code rather than criminally charged.

Aiding or Supervising Prostitution Under California Penal Code § 653.23 — California Penal Code § 653.23 makes it a crime to direct, supervise, recruit, or otherwise assist another person in committing prostitution under § 647(b). It also prohibits collecting or receiving any part of the proceeds from another person’s prostitution. This statute targets individuals who organize or manage prostitution activities, even if they do not personally engage in the sexual act.

Violating § 653.23 is typically a misdemeanor punishable by up to six months in county jail and probation. However, prosecutors often file this charge along with the more serious felonies of pimping (§ 266h) or pandering (§ 266i) when financial gain or organized involvement is evident.

Pimping Under California Penal Code § 266h — California Penal Code § 266h defines pimping as knowingly living or deriving support, in whole or in part, from the earnings of another person’s prostitution or receiving payment for soliciting customers for that person. To convict, prosecutors must prove that the defendant knew the person was engaged in prostitution and benefited financially from it.

Pimping is always a felony. The punishment includes imprisonment in the state prison for three, four, or six years. When the person engaged in prostitution is under 16, the sentence increases to three, six, or eight years.

Pandering Under California Penal Code § 266i — California Penal Code § 266i makes it a felony to persuade, recruit, or arrange for another person to become or remain a prostitute. The law applies whether the defendant used promises, threats, or deceit to cause someone to engage in prostitution. The offense does not require that an actual act of prostitution occur; intent to influence or procure another person is enough.

The punishment for pandering includes imprisonment for three, four, or six years in state prison. If the person involved is under 16, the penalty increases to three, six, or eight years.

Child Procurement Under California Penal Code § 266j — California Penal Code § 266j makes it a felony to give, transport, provide, make available, or offer a child under 16 for the purpose of a lewd or lascivious act as defined in § 288. It also prohibits causing or persuading a child to engage in such an act with another person.

A conviction under § 266j carries a punishment of three, six, or eight years in state prison and a fine of up to $15,000. Because this offense involves minors, it is treated as a serious felony and may also result in mandatory sex offender registration.

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What a Jury Considers in a California Prostitution Case

Element of Intent — Under CALCRIM No. 1153 and CALCRIM No. 1154, jurors must decide whether the defendant had the specific intent to engage in prostitution, as required by California Penal Code § 647(b). The prosecution must show that the defendant deliberately meant to exchange sexual activity for money or something of value. Intent can be proven through words, behavior, or surrounding circumstances. Examples include agreeing on a price, arranging a meeting, or taking any preparatory action that demonstrates a willingness to engage in prostitution. Without proof of intent, the jury cannot convict, even if conversations about sexual acts occurred.

Element of Agreement — CALCRIM No. 1155 explains that agreeing to engage in prostitution requires both an agreement and an act in furtherance of that agreement. Jurors must determine whether the defendant actually entered into an agreement with another person to perform or receive a sexual act for money. The agreement can be explicit or implied through actions or conduct. However, jurors are instructed that an agreement alone is not enough—there must also be some act that moves the plan forward, such as traveling to a meeting place, undressing, or exchanging contact information. This distinction ensures that mere conversation or fantasy without action is not criminal.

Element of a Lewd Act — The definition of a “lewd act,” according to CALCRIM Nos. 1153 through 1155 and supporting case law such as People v. Hill (1980) 103 Cal.App.3d 525, is the touching of the buttocks, genitals, or breast of either party for purposes of sexual arousal or gratification. Jurors must decide whether such touching was performed or intended as part of a transaction involving money or other compensation. The law applies equally to the person offering the act and the person paying for it. Jurors are further instructed that even brief or minimal touching may satisfy this element if accompanied by the intent to exchange sexual activity for value.

Element of Communication and Receipt — In solicitation cases, CALCRIM No. 1154 emphasizes that the defendant’s communication must actually be received by the intended recipient. This requirement comes from the California case People v. Saephanh (2000) 80 Cal.App.4th 451, which held that a person cannot be guilty of solicitation if the offer was never received. Jurors therefore must consider evidence showing that the solicitation—whether verbal, written, or electronic—was sent and received, and that it clearly conveyed an intent to engage in prostitution.

Element of Knowledge and Financial Benefit — For the more serious offenses of pimping and pandering under California Penal Code §§ 266h and 266i, jurors follow CALCRIM Nos. 1150 and 1151. They must determine whether the defendant knew that another person was a prostitute and either benefited financially or encouraged the prostitution. The prosecution must show that the defendant intentionally participated by recruiting, managing, or collecting money from someone engaged in prostitution. Jurors are told that the law does not require the defendant to have a continuous relationship with the person; even limited involvement for financial gain can satisfy this element.

Element of Age or Minor Involvement — When a case involves a minor, jurors are instructed under the relevant statutes and CALCRIM Nos. 1150 through 1152 that age is a key aggravating factor. If the person engaged in or solicited for prostitution is under 18, and the defendant knew or should have known this, the penalties increase significantly. For cases involving minors under 16, the law provides felony punishment and may also trigger child procurement charges under California Penal Code § 266j. Jurors must decide whether the defendant had knowledge of the minor’s age and whether the conduct met the definition of prostitution or procurement.

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Common Defenses to Prostitution Charges in California

Entrapment by Law Enforcement — Entrapment occurs when law enforcement officers persuade or pressure someone into committing a crime that they were not otherwise predisposed to commit. In prostitution cases, this often arises during sting operations when an undercover officer induces a person to agree to an act of prostitution. If the officer’s actions went beyond offering an opportunity and actually created the criminal intent, the defense can argue that the defendant was entrapped. Courts review recordings and officer conduct to determine whether the defendant was unfairly influenced.

Lack of Intent or Misunderstanding — To be guilty of prostitution under California Penal Code § 647(b), a person must specifically intend to exchange sexual activity for money or something of value. If that intent is missing, the offense cannot be proven. This defense applies when a conversation or meeting is misinterpreted—such as a discussion about escorting or companionship services without any agreement for sexual contact. When the prosecution cannot clearly show intent, reasonable doubt exists, and the charge may not stand.

No Act in Furtherance of Prostitution — California law requires that the defendant take some step beyond agreeing to prostitution. Words alone are not enough. There must be evidence of an act “in furtherance” of the offense, such as meeting at a location, exchanging money, or undressing. If the accused did not perform any act that moved the plan forward, the charge fails. Defense attorneys frequently challenge this element because it is essential for conviction under California Penal Code § 647(b).

Insufficient Evidence or Credibility Problems — Many prostitution cases rely heavily on undercover officer testimony or incomplete text messages. If the evidence is vague, contradictory, or improperly collected, the defense can argue that it fails to meet the burden of proof. Inconsistencies in police reports, missing recordings, or lack of corroboration can all weaken the prosecution’s case. Courts demand reliable, admissible evidence before convicting a defendant of any prostitution-related offense.

Victimization or Coercion — California Penal Code § 647(b)(5) states that minors who engage in prostitution-related conduct cannot be prosecuted and are treated as victims of exploitation. Similarly, adults who are coerced, threatened, or trafficked into prostitution may assert a defense of duress or lack of voluntary participation. These individuals may instead qualify for protective or diversion programs rather than criminal punishment.

Police Misconduct or Violation of Rights — Prostitution charges can be dismissed if officers violated constitutional rights during the investigation or arrest. Unlawful searches, illegal detentions, or failure to follow proper arrest procedures can lead to evidence being excluded under the Fourth or Fifth Amendments. When key evidence is suppressed, prosecutors often cannot proceed.

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Role of a San Diego Prostitution Attorney

Protecting the Client’s Rights from the Start — A San Diego prostitution lawyer immediately intervenes after an arrest to stop unlawful questioning, prevent self-incrimination, and ensure that law enforcement follows proper procedures during searches, undercover operations, and evidence collection.

Challenging the Evidence and Police Conduct — The lawyer thoroughly examines the details of the sting operation, reviewing recordings, text messages, or surveillance to identify entrapment, lack of intent, or constitutional violations. Unlawful police tactics can lead to suppression of key evidence or complete dismissal of charges.

Negotiating with Prosecutors for Strategic Outcomes — When dismissal is not immediately possible, the attorney negotiates aggressively with prosecutors for reduced charges, diversion programs, or alternative sentencing that avoids incarceration and protects the client’s future.

Preparing a Strong Defense for Trial — If the case proceeds to trial, the attorney cross-examines undercover officers, challenges the credibility of informants, and highlights inconsistencies in the prosecution’s story. Each argument focuses on creating reasonable doubt regarding intent or agreement.

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Frequently Asked Questions

What are the penalties for prostitution in San Diego?
Penalties for prostitution in San Diego may include up to six months in county jail, fines up to $1,000, informal probation, mandatory HIV testing, and increased sentencing if a minor is involved.

Can a San Diego solicitation charge be dismissed before trial?
Yes. A San Diego solicitation charge may be dismissed if defense counsel successfully challenges evidence of intent, shows improper police conduct or entrapment, or negotiates diversion or reduced charges prior to trial.

Does a San Diego prostitution conviction affect immigration status?
Yes. A San Diego prostitution conviction may be considered a crime involving moral turpitude, which could lead to deportation, inadmissibility, denial of a visa, or other immigration consequences for non-citizens.

Can someone be charged for solicitation in San Diego without completing a sex act?
Yes. In San Diego a solicitation charge can be filed if someone requested or agreed to engage in prostitution and took a step toward completing it, even if no sexual act was ultimately performed.

Will a San Diego solicitation arrest show up on someone’s employment background check?
Yes. A San Diego solicitation arrest can appear on criminal record searches. Without diversion or expungement, the charge may be visible to employers, licensing boards or educational institutions.

Is prostitution in San Diego still treated as a misdemeanor?
Generally yes. Under California law, prostitution in San Diego is typically a misdemeanor. However, involvement of minors, human trafficking or pimping may elevate the offense to a felony.

How soon should a person consult a San Diego prostitution lawyer after an arrest?
Very soon. After a San Diego prostitution arrest it is crucial to consult a San Diego prostitution lawyer immediately to protect rights, evaluate defenses such as lack of intent or procedural errors and avoid harmful plea deals.

Can a San Diego prostitution lawyer help get someone’s record sealed or expunged?
Yes. A San Diego prostitution lawyer can assess eligibility for expungement or record sealing after successful completion of probation or diversion, helping reduce long-term impact on housing, employment, and licensing.

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Resources

California Legislature – California Penal Code § 647(b)

This section of the California Penal Code defines disorderly conduct, including laws about prostitution and solicitation. It describes what constitutes solicitation, agreements to engage in prostitution, and related penalties. It also outlines exceptions for minors involved in commercial sexual exploitation and details on other acts considered disorderly conduct under California law.

KCRA3 – Gov. Gavin Newsom Signs Bill To Crack Down On Criminals Who Buy Teens For Sex

This news article explains California’s Assembly Bill 379, signed by Governor Gavin Newsom in 2025. It details how the bill makes it a felony for adults to buy 16- and 17-year-olds for sex and reinstates penalties for loitering with the intent to purchase sex. The article also discusses legislative debates, political reactions, and when the new law will take effect.

ACLU – Sex Worker Rights In California

This ACLU resource outlines California laws affecting sex workers, including rights and protections created by AB 5, SB 233, and SB 357. It explains employment classification rules for strippers, legal protections for reporting crimes, and the repeal of loitering laws for prostitution. The page also provides practical advice for sex workers interacting with law enforcement and steps for clearing related criminal records.

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Hire a Defense Attorney for Prostitution Charges in San Diego County, CA

A prostitution-related charge can have devastating effects on your personal life, reputation, and career. Even a single accusation can result in public embarrassment, probation, and permanent record consequences.

The Law Offices of Michael E. Cindrich provide discreet and strategic legal representation for individuals accused of prostitution, solicitation, or related offenses. We work to protect your privacy, challenge the prosecution’s evidence, and pursue the best possible outcome for your case.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.