This tends to be CA specific, but it's all good advice and has some pretty good scenarios. Should be read by all newbies especially. I take no credit for the below information, I'm simply posting it here for review. I will post it in three separate parts to meet maximum post length and help with clarity
This information stemmed from a question regarding LE sending female decoys to private residences.
The cops will not put themselves into an unknown situation; ie, going into a random callers premises. They usually set up in a hotel/motel with adjoining rooms, so backup is close to the decoy. or decoy works a street corner with several other officers in close proximity. LAWS RELATING TO PROSTITUTION
Prostitution is the exchange of money for a "lewd act" or vice-versa. "Lewd" means sex which is "lustful, lascivious, unchaste, wanton, or loose in morals and conduct." It requires physical contact between the body of one person and the genitals, anus or female breast of another person.
Solicitation is agreeing to exchange money for a lewd act or vice-versa. Most "prostitution" arrests are for solicitation, not actual sex. Accepting another person's solicitation is a crime, even if the other is a police officer with no intention of actually doing the act. Presently, it does not matter whether solicitation is in public or private.
Both prostitution and solicitation are illegal (misdemeanor) for both "provider" and "hobbyist" under section Penal Code § 647 (b).
The maximum sentence for prostitution is a 6 month jail term and a $1,000 fine. The "going rate" sentence for a first conviction in Sacramento county is 10 days jail, usually served on work project, a fine and mandatory HIV test. The HIV test result becomes public, and if positive can trigger felony charges for future prostitution arrests. (Penal Code §647f.) HIV testing is always a part of a guilty plea disposition, but can not be ordered if charges are dismissed or a jury returns a "not guilty" verdict.
The sentence is generally the same whether one pleads guilty or is found guilty at trial.
Loitering for Prostitution is just what it sounds like. In addition to waiving at cars, it includes "circling" an area in a vehicle and repeatedly contacting pedestrians to solicit prostitution. It is a misdemeanor. (Penal Code § 653.22. )
Local Ordinances. Cities may not enact additional criminal laws regulating sexual behavior. However, several cities including Oakland and Sacramento have enacted ordinances allowing seizure of vehicles used to solicit prostitutes. The constitutionality of these ordinances has been upheld by the courts. (No law exists for seizure of computers.) Other cities may require licensing of escorts.
Pimping and pandering are both felony crimes. A felony carries a prison sentence and has many other serious consequences.
Pimping is taking all or part of the earnings of a prostitute. Courts have ruled that accepting payment for generally available services such as telephone answering, ads and the like do not qualify as pimping unless there is evidence of active participation in prostitution activity.
Pandering is recruiting someone else to act as a prostitute. In addition to the classic street pimp, proprietors of commercial entertainment and escort services are at risk of being charged with pimping and pandering. Sending a girlfriend to see a client for prostitution on a single occasion can also qualify as pandering.
Pimping or pandering carries a mandatory (no probation) prison term of at least 3 years. (Penal Code 1203.065.) In some cases involving minors, a pimping or pandering conviction can require lifetime registration as a sex offender.
Law enforcement often tries to "upgrade" ordinary prostitution to pimping an pandering. Avoid doing anything that could be interpreted as pimping or pandering.
"Hope for the Best, Prepare for the Worst"
The best way to avoid arrest and prosecution is to not violate the law.
If you choose to be a "provider" or a "hobbyist", you face a risk of arrest and prosecution. Get used to it. Many individuals, especially "hobbyists," fail to prepare for this risk. The unprepared are easily manipulated by police into doing or saying things that will insure they are convicted in court and/or which may force them to publicly testify against providers.
Understanding the risks and knowing your rights will lessen the chances either thing will happen. "Hope for the best, prepare for the worst" is the motto to follow.
