Escorting vs. Prostitution: What’s The Difference?

What's the difference between escorting and prostitution? Escort service and prostitution are often used interchangeably, but they have differences. Escorting is legal in some places and illegal in others. But it's hard to know where you stand in a legal sense when offering these services. It can be even more difficult if your business spans many jurisdictions.

On the other hand, prostitution is always illegal. You should know that there's no way around that fact. If a client pays for sex, then they have already committed a crime. Moreover, they most likely violated human trafficking laws.

Other than receiving criminal charges, you can also receive civil penalties if you are found guilty of engaging in prostitution. Every state has its own established regulations for these services. Knowing the difference can help you identify if you committed a sex crime or not.

At Summit Defense, we defend clients against allegations of sex crimes. Learn more about escorting versus prostitution below. Then, contact us to schedule a free case consultation.

What Is An Escort?

It's also important to know that escorting isn't synonymous with prostitution. That's one of the biggest misconceptions about this business. Prostitution is defined as exchanging sexual favors for money, drugs, or other valuable items. The difference revolves around who runs the show during the encounter.

Escorts are generally independent contractors offering their time for money. There's no business relationship between them and their clients. In this sense, escort services are non-sexual services.

In case you are an escort providing an innocent date, then you are not engaging in sex work. Your client may request some form of physical contact on your part, but you can set the line with the services you offer.

If there is penetration, then it's considered sexual intercourse. The law will most likely deem it prostitution.

Is Escorting Legal In California?

The laws in California allow escorts to offer their company for a fee. But, they must be licensed escorts before they can offer their services. This is the only way they can operate without risking legal trouble.

It's essential to know other regulations about escort services to prevent future legal disputes. It's possible to commit an illegal act even when there's no sexual activity involved. For example, facilitating or arranging a sexual encounter may be deemed an illicit activity under the law.

Is Having Sex With An Escort Legal In California?

The laws in California are stringent about sex work. The state considers escorts separate from prostitutes. This means that it is illegal for an escort to provide any sexual act or sexual penetration in exchange for money.

There are no legal loopholes when you engage in this type of work. Moreover, the law prohibits anyone from paying to view another person involved in sexually explicit acts.

On the other hand, the law is not strict with an adult viewing legally permitted pornography. Other illegal sexual acts involving masturbation may be deemed prostitution under Californian law.

What Is A Prostitute?

Prostitution is commonly defined as the act or practice of offering sexual services in exchange for money. Punishments for prostitution are often referred to as solicitation. Solicitation varies by state.

Generally, the punishment for this sexual conduct includes jail time, fines, and community services. A sex offender is required to undergo sexually transmitted infection (STI) testing and register as a sex offender. Changes to laws about prostitution most often focus on issues surrounding minors and other sex crime charges.

Is Prostitution Legal In California?

Like most states, prostitution is illegal in California. The state's law does not allow people to offer services for sexual gratification. California serves harsh punishments for criminals who are receiving money from sexual actions.

California's Penal Code section 647(b) prohibits soliciting another to engage in sexual conduct for hire. A person incriminated for a prostitution offense is subject to up to six months of imprisonment. In addition, they may also face a $1,000 fine.

Solicitation

Solicitation happens in the same way as prostitution. Both sex acts share the same severe penalties. Solicitation is the act of offering to do a lewd act in exchange for pay and intending to do so.

The law defines a lewd act as explicitly touching another person's genitals, buttocks, or breasts. A lewd act is also applicable in terms of sexual intercourse. The person they are soliciting does not need to be a prostitute for the crime to happen.

Penalties For A Prostitution Charge

Under California's Penal Code section 647(b), prostitution is a misdemeanor offense. The penalty depends on your criminal history prior to the prostitution arrest. The penalties for each offense are as follows:

• For first-time prostitution conviction: Up to six months custody in county jail and a $1,000 fine charges
• For second-time prostitution conviction: A minimum of 45 days in county jail and a $1,000 fine charges
• For third-time prostitution conviction: A minimum of 90 days in county jail and a $1,000 fine charges

Legal Defenses Against Prostitution Charges In California

Once you are accused of prostitution, your future seems bleak. You may wonder how to fight the charge and eventually return to your everyday life. A conviction could restrict your activities in CA significantly.

There is more than one way to fight a prostitution charge. Several common legal defenses include:

• There was no monetary exchange between you and the other party.
• There was no agreement between you and the other participant to engage in sexual activity.
• The cops utilized unlawful tactics to apprehend you.
• Inadequate evidence exists to substantiate the legal components of the offense.
• You have been the victim of mistaken identity or false accusations.

New Protections For Sex Workers Under California Law

Senate Bill 233, under California Law, protects sex workers from low-level criminal offenses. This bill protects everyone from being arrested when they report witnessing severe crimes to the police. Before the court passed the bill, sex workers often refused to report criminal activities out of fear that they might also be arrested in the process.

During the past few years, a police officer can form probable assumptions that someone is a sex worker if they carry a condom. Now, they cannot use the presence of condoms to assume that another person is loitering for prostitution.

About The Author

Rabin Nabizadeh

Attorney at Law

Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts around the Bay Area. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.