California Penal Code §647(b) — Solicitation of Prostitution
PC §647(b) is California's disorderly-conduct prostitution statute. It punishes anyone who solicits, agrees to engage in, or engages in any act of prostitution. It is a misdemeanor carrying up to 6 months county jail and up to $1,000 fine. A second offense carries a mandatory 45-day minimum; a third and subsequent offenses carry a mandatory 90-day minimum jail sentence. Under SB 357 (2023), loitering with intent to commit prostitution is no longer a crime.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Solicitation of Prostitution Cases in All LA County Courts
01 — Quick Facts
PC §647(b) — Solicitation of Prostitution at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §647(b) — Solicitation / Engaging in Prostitution |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| First Offense | Up to 6 months county jail; up to $1,000 fine |
| Second Offense | Mandatory minimum 45 days county jail |
| Third+ Offense | Mandatory minimum 90 days county jail |
| Who Is Covered | Customer, prostitute, AND third-party facilitator — all three can be charged |
| PC §290 Registration | Not required for base §647(b) — but §290.006 discretionary registration risk |
| SB 357 (2023) | Repealed §653.22 loitering-with-intent; police cannot arrest solely for 'appearing to loiter' in prostitution |
| Diversion | PC §1001.95 diversion routinely available for first-offense §647(b) |
| Immigration | May be CIMT — 8 USC §1182(a)(2)(D) prostitution-related inadmissibility |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §647(b)?
What Is California Penal Code §647(b)?
PC §647(b) Reads:
"Who solicits or who agrees to engage in or who engages in any act of prostitution with the intent to receive compensation, money, or anything of value from another person. A person agrees to engage in an act of prostitution when… the person manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution."
— California Penal Code §647(b)(1)
§647(b) is broader than most defendants realize. Merely agreeing to prostitution — even if no act occurs, even if the other party is an undercover officer — completes the offense. The core defense is often entrapment, since most §647(b) cases arise from sting operations conducted by LAPD Human Trafficking Bureau or LASD Vice.
Three Ways to Violate §647(b)
(1) Solicit prostitution; (2) agree to engage; or (3) engage. Under People v. Superior Court (Caswell) and the 2019 amendments, both parties to the transaction are equally culpable — the customer, the prostitute, and a facilitator can each be charged.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §647(b)
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 1153).
Solicitation / Agreement / Engagement
Defendant solicited, agreed to engage in, or engaged in an act of prostitution.
Specific Intent to Receive Compensation
Defendant acted with intent to exchange sexual conduct for money or anything of value.
Corroborating Act (agreement theory)
For 'agreement to engage,' §647(b)(1) requires an act in furtherance of the agreement beyond the agreement itself.
04 — Penalties
Penalties for PC §647(b) Solicitation of Prostitution in California
§647(b) penalties escalate sharply with prior convictions.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| First §647(b) Offense | PC §647(b)(1) | Up to 6 months county jail; up to $1,000 fine | Available | No |
| Second §647(b) Offense (with prior) | PC §647(k)(1) | Up to 6 months; MANDATORY 45-day minimum | Available above minimum | No |
| Third+ §647(b) Offense | PC §647(k)(2) | Up to 6 months; MANDATORY 90-day minimum | Available above minimum | No |
Related Provisions & Enhancements
SB 357 — Loitering Repeal
Former PC §653.22
SB 357 (effective 2023) repealed the loitering-with-intent-to-commit-prostitution statute. Police may no longer stop or arrest based on 'appearance' alone.
Vehicle Impound (§647(j)(5))
PC §647(j)(5)
Vehicle used in §647(b) solicitation may be impounded for up to 30 days on second or subsequent offenses in a designated area.
AIDS-Test Order
PC §1202.6
Court may order AIDS testing on §647(b) conviction with sexual contact.
Additional Consequences Beyond Prison
- No mandatory §290 registration — but discretionary §290.006 risk if court finds sexual gratification/compulsion
- PC §1001.95 judicial diversion routinely granted on first-offense §647(b) — case dismissed on completion
- AB 262 vacatur relief available to trafficking victims coerced into §647(b) conduct
- Immigration: prostitution-related inadmissibility bar under 8 USC §1182(a)(2)(D) — 10 years
- Employment consequences: professional licensing (nursing, teaching) implicated on any §647(b) conviction
- Vehicle impound exposure under §647(j)(5)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §647(b) Solicitation of Prostitution Charges
§647(b) defenses attack intent, agreement, and undercover conduct.
Entrapment
California's objective entrapment test (People v. Barraza) asks whether police conduct was likely to induce a normally law-abiding person to commit the offense — a strong defense in aggressive sting operations.
Entrapment
No Act in Furtherance
Mere agreement is not enough — §647(b)(1) requires an act in furtherance. Handing over money, entering a hotel room, and undressing are common overt acts; conversation alone is not.
Sufficiency
Ambiguous Communication
Undercover conversation that does not clearly manifest intent to exchange sex for money defeats the specific-intent element.
Intent
PC §1001.95 Diversion
Judicial misdemeanor diversion — up to 24 months of court-supervised terms; case dismissed on completion.
AB 3234
AB 262 Vacatur (Trafficking Survivors)
Trafficking survivors coerced into §647(b) conduct may vacate the conviction under the California Vacatur Act.
Survivor Relief
Constitutional Sources
07 — Court Process
How PC §647(b) Solicitation of Prostitution Cases Move Through Los Angeles Courts
§647(b) prosecutions are almost always sting-driven.
- 1
Step 1 — Undercover Sting
LAPD Human Trafficking Bureau / LASD Vice conducts hotel-room or street stings. Body-worn cameras and audio recordings dominate the evidence.
- 2
Step 2 — Arrest & Booking
Vehicle towed under §647(j)(5) on qualifying repeat offenses.
- 3
Step 3 — Filing Decision
City Attorney (misdemeanor) files complaint; DA files if pimping/pandering companion counts are added.
- 4
Step 4 — Arraignment
OR release routine on first offense.
- 5
Step 5 — §1001.95 Diversion Motion
Diversion package (counseling enrollment, mitigation) filed at first appearance.
- 6
Step 6 — Motion Practice
Entrapment litigation, body-cam authentication challenges, Miranda motions on custodial statements.
- 7
Step 7 — Trial or Plea
Vast majority resolve via §1001.95 diversion, PC §17(b) equivalents, or reduced trespass/disturbance pleas.
- 8
Step 8 — Sentencing / Registration Litigation
Defense litigates any §290.006 discretionary registration finding aggressively.
Los Angeles Courts That Handle PC §647(b) Solicitation of Prostitution Cases
§647(b) is heard on misdemeanor calendars countywide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Solicitation of Prostitution Defense Attorney
Daniel S. Rubin has defended clients charged with solicitation of prostitution and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §647(b) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Solicitation of Prostitution Cases Throughout LA County
09 — FAQs
PC §647(b) Solicitation of Prostitution Questions — Los Angeles
Do I have to register as a sex offender for §647(b)?
No — base §647(b) is not on the mandatory §290 list. But the court can impose discretionary registration under §290.006 upon findings of sexual gratification/compulsion. Charge selection matters.
Is entrapment a defense?
Yes. California uses the objective entrapment test (People v. Barraza) — whether police conduct was likely to induce a normally law-abiding person to commit the offense. Aggressive stings are ripe for the defense.
Can §647(b) be dismissed through diversion?
Yes. PC §1001.95 judicial diversion is routinely granted on first-offense §647(b) — case dismissed and arrest sealed under PC §851.87 on successful completion.
What did SB 357 change?
SB 357 (effective 2023) repealed PC §653.22 — the 'loitering with intent to commit prostitution' statute. Police may no longer arrest based on appearance alone; officers must observe actual §647(b) conduct.
Available 24/7 — Free Consultation
Charged With PC §647(b) Solicitation in Los Angeles?
First-offense §647(b) is virtually always divertible under §1001.95. Rubin Law, P.C. defends LA sting-operation solicitation cases and protects registration status. Call (213) 723-2337.