Prostitution

Santa Barbara Prostitution/Solicitation Defense Attorney

Prosecution-Informed Defense for PC 647(b) Charges

An arrest for prostitution or solicitation in Santa Barbara moves fast. Charging decisions can be finalized before you fully understand what you’re facing, and what you say in those first hours can shape the entire case. Sanford Horowitz spent years as a prosecutor for the Santa Barbara County District Attorney’s Office, the same office that handles these charges, and that background is a direct advantage when building your defense. We offer free consultations and are available 24/7.

An arrest is not a conviction. The prosecution carries the burden of proving every element of a California Penal Code 647(b) charge, and there are real defenses available. A conviction, however, stays on your record and can affect employment, housing, and professional licensing long after the case closes. Getting a prostitution attorney in Santa Barbara involved early gives us more options before the trajectory of your case is set.

If you’ve been arrested for prostitution or solicitation in Santa Barbara, call us now for a free consultation: (805) 749-5670

California Penal Code 647(b): What the Law Actually Covers

California Penal Code 647(b) criminalizes three distinct acts: engaging in prostitution, agreeing to engage in prostitution, and soliciting another to engage in prostitution. All three carry the same criminal exposure, and you can be charged regardless of which side of the transaction you were on.

Charges can apply if you are:

The person receiving compensation for a sexual act;
The person paying or offering to pay; or
Someone arranging an encounter between others.

For the “agreeing” element, the prosecution must prove more than a verbal agreement. They must show that the defendant agreed, intended to follow through, and took some further act beyond the agreement itself. That burden matters, and it’s where the evidence often falls short.

Examples of conduct that can result in a California Penal Code 647(b) charge include:

You offer drugs to a woman in exchange for a “blow job” (even if she is not a prostitute and she says “no”).
A woman allows you to fondle her breasts in exchange for money.
A police officer accepts your offer to have sex in exchange for not writing you a traffic ticket.

Those who arrange encounters between others may face separate charges under the pimping and pandering statutes, Penal Code 266h and Penal Code 266i, or under Penal Code 653.23 for supervising or aiding a prostitute.

How California Law Defines Sex & Compensation

Under California law, “sex” for purposes of PC 647(b) includes any lewd act, defined as touching the genitals, buttocks, or female breast of either party for the purpose of sexual arousal or gratification. The statute covers:

Sexual Intercourse
Oral Sex
Anal Sex
Sexual Touching

Compensation is defined broadly and doesn’t require a cash payment. It can include anything of value, such as:

Drugs
Stolen Merchandise
Forged Money
Important Documents
Government Welfare Notes

Legal Penalties for Prostitution

Solicitation and prostitution are misdemeanors, not felonies. The exact punishment depends on factors like where the violation occurred and whether this is the defendant’s first offense. A first-time violator in Santa Barbara may be sentenced to:

Up To 6 Months in Jail
Up To A $1,000 Fine

Prostitution is a priorable offense, meaning penalties become significantly more severe with each subsequent conviction. A second offense carries a minimum of 45 days in jail; a third offense carries a minimum of 90 days in county jail.

A defendant arrested while using a vehicle within 1,000 feet of a residence faces an additional penalty: a 30-day driver’s license suspension.

Those convicted of prostitution or solicitation can be required to register as sex offenders, though many are not. Speak with your attorney about this possibility and how it applies to your case.

Can Children Under 18 Be Convicted of Prostitution?

Children under the age of 18 cannot be found guilty of prostitution in California. This resulted from passage of California Senate Bill SB 1322, which Governor Jerry Brown signed into law on September 26, 2016.

Does PC 647(b) Require Sex Offender Registration?

Neither prostitution nor solicitation requires mandatory sex offender registration under California Penal Code 290.

However, under Penal Code 290.006, a judge has discretion to require registration if the offense was committed “as a result of sexual compulsion or for purposes of sexual gratification.”

Don’t wait to contact Sanford Horowitz Criminal Defense to ensure that your legal rights are protected. Call now: (805) 749-5670.

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What Clients Are Saying

Fighting a Prostitution/Solicitation Charge in Santa Barbara

Having handled these cases from the prosecution side, Sanford Horowitz understands what local prosecutors look for when building a case and where that case can be challenged. The defenses below are among the most common in PC 647(b) cases, and the right approach depends on the specific facts of your situation.

Insufficient Evidence

The prosecution must prove every element of the charge beyond a reasonable doubt. If the evidence doesn’t establish that an agreement was reached, that compensation was involved, or that the defendant intended to follow through, the charge can be challenged on that basis alone.

Police Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime they wouldn’t otherwise have committed. You can raise this defense in the context of undercover sting operations where officers pose as prostitutes or clients in order to entice others into soliciting or agreeing to engage in prostitution.

Fourth Amendment Violations

If police gathered evidence against you through surveillance, a search, or a seizure that violated your Fourth Amendment rights, that evidence may be suppressed. A motion to suppress can render unlawfully obtained evidence inadmissible, which can significantly weaken the prosecution’s case.

Plea Bargain & Charge Reduction

Many prostitution cases are resolved through the plea bargain process, where the defendant pleads guilty in exchange for a reduced charge or more lenient sentence. Charge reductions may allow a defendant to plead to an offense that doesn’t carry the sexual stigma of a prostitution conviction, which matters well beyond the courtroom. Negotiating a plea is a legally complex process, and having an attorney who understands how the Santa Barbara County DA’s office evaluates these cases is a real advantage. Charges that a prostitution conviction may be reduced to include:

California PC 415 – Disturbing the Peace
California PC 602 – Criminal Trespass
California PC 647(a) – Lewd Conduct in Public

If you’re facing a prostitution or solicitation charge, a Santa Barbara prostitution lawyer who has worked inside the same DA’s office that will prosecute your case is a meaningful advantage. To schedule a free consultation, call (805) 749-5670 or fill out this contact form.

Collateral Consequences of a Prostitution Conviction

A misdemeanor conviction doesn’t stay in the courtroom. Once a prostitution or solicitation conviction is on your record, it can surface in background checks run by employers, landlords, and professional licensing boards, and those consequences can follow you for years.

Certain licensed fields carry particular risk. Professions in healthcare, education, and other regulated industries may treat a sex-related criminal conviction as grounds to deny, suspend, or revoke a professional license. The collateral impact of a conviction can be as significant as the sentence itself.

For noncitizens, the stakes are higher still. A prostitution conviction can affect visa status, green card applications, or naturalization eligibility. These cases require careful handling from the outset, and the approach to the criminal case may need to account for immigration exposure at every step.

Steps to Take Immediately After an Arrest in Santa Barbara

What you do in the hours after an arrest matters. Taking the wrong steps can limit your attorney’s options later. After an arrest, you should:

Exercise your right to remain silent and decline to answer questions without an attorney present;
Request an attorney before any interrogation begins;
Preserve all paperwork received from officers at the time of arrest;
Avoid discussing the case on social media or with anyone other than your attorney.

Cases in Santa Barbara are handled through Santa Barbara County Superior Court. Arraignment is typically the first formal court date, at which charges are read and an initial plea is entered. Retaining a prostitution attorney in Santa Barbara before arraignment can influence bail conditions, open early resolution discussions, and shape the overall direction of the case.

The Right Firm Makes a Difference

Why Clients Choose Us

Aggressive & Compassionate Representation
You are our number one priority in and out of the courtroom.
Former Prosecutor on Your Team

Work with an experienced former prosecutor who knows both sides.
Providing Service in Spanish
Criminal defense provided by a Spanish-speaking team.
Offering 100% Free Consults
Talk through all of your legal options during a free consultation.

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1334 Anacapa St.
Santa Barbara, CA 93101
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3293 Main Street
Mammoth Lakes, CA 93546
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