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This month Governor Gavin Newsom signed a new state law which prevents police from arresting people for loitering for prostitution. This bill does not legalize prostitutions.

“To be clear, this bill does not legalize prostitution,” Newsom said in a signing message. “It simply revokes provisions of law that have led to disproportionate harassment of women and transgender adults,” he said, noting Black & Latino women are particularly affected.” –US News & World Report.

In the past, arrests of women who stood on street corners depended largely on an officer’s perception of whether or not the woman or transgender person was doing so for the purposes of soliciting sex work. The ACLU called out these arrests for criminalizing legal activities such as walking or standing in public. 

The law also makes provisions for individuals who were previously convicted of this crime, or who are serving sentences for this crime, to have their convictions dismissed and the record of their conviction sealed. 

This legislation is part of a package of bills that are meant to treat sex workers more fairly. Another important one is the 2016 law which police are prevented from arresting minors for prostitution. They are required to treat underage prostitutes as victims instead. A 2019 bill bars officers from arresting sex workers who are reporting crimes as a victim or witness. Possession of condoms is no longer a reason for an arrest. 

Prostitution is still a misdemeanor in California. It is punishable by up to six months in jail and up to $1000 in fines. Prostitution is defined as any sex act which you receive compensation in exchange for performing, including goods or services. 

There are several defenses we can use to help you defend a prostitution charge. First, we can prove that no agreement to engage in prostitution existed, or that the prosecution cannot prove any such conversation took place. We may also be able to prove that you never intended to engage in prostitution, or that no exchange of compensation took place. After all, there’s nothing illegal about a consensual sexual encounter. We may also be able to use an entrapment defense, proving that law enforcement lured a normally law-abiding person into a prostitution offense. Undercover police officers are often quite aggressive about entrapment. It’s more common in cases where individuals are thought to be soliciting prostitution, but it can happen to sex workers as well. 

If you’ve been accused of prostitution in Los Angeles, you’ll need help from a criminal defense attorney. Reach out to our office to schedule a case review today. We can help bring your case to a better conclusion.

See also:

What to Do If You Get Arrested in Los Angeles, CA

When Should You Take a Plea Deal in Your Los Angeles, CA Criminal Case?

What is a Cite & Release in Los Angeles?