Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
The term “solicitation” generally means asking for or trying to get something from another person. While relatively simple, the word causes some confusion when applied to California law.
What exactly does soliciting mean in the California criminal justice system?
There are five key things to know about “solicitation” in the context of California criminal law. These are:
It can be, yes. Under California’s solicitation laws, you are generally considered guilty of soliciting prostitution if you:
As to the second element, you must have clearly intended to engage in some type of sexual act to be guilty of solicitation.2
Example: John is standing in a known area of prostitution and waves to a couple of women. He takes no other acts. John is not guilty of solicitation because he showed no clear intent to engage in a sex act.
However, consider the scenario where John approaches a prostitute and offers her $200 to have sex with him and shows her the cash. John is likely guilty of solicitation because his acts exhibit an intent to have sex.
Solicitation in California is typically charged as a misdemeanor. A first-time offense is punishable by:
In my experience, judges rarely impose jail for a first-time solicitation offense. Also, there is no requirement to register as a sex offender.
No. Solicitation and prostitution charges are two separate sets of charges in the State of California.
You are typically guilty of prostitution if you:
Note that prostitution focuses on the actions by the prostitute or “hooker,” whereas solicitation focuses on the acts by the prostitute’s client or “John.”
As with solicitation, I rarely see judges impose jail for a first-time prostitution conviction.
Yes. Solicitation to commit a crime is a different offense than the sex crime of solicitation.
Under Penal Code 653f, a prosecutor must prove the following to find you guilty of solicitation to commit a crime:
As to the first element above, the “certain criminal offenses” covered by PC 653f include such crimes as:
A prosecutor can charge solicitation to commit a crime as either a misdemeanor or a felony, depending on the severity of the crime that you asked another person to commit.
A conviction under PC 653f can result in:
Here at Shouse Law Group, I have represented literally thousands of people charged with solicitation. In my experience, the following defenses have proven very effective with prosecutors, judges, and juries.
Yes. The criminal offense of “solicitation of alms” is also referred to as panhandling.
Per Penal Code 647c, you are guilty of panhandling if you:
Note that “accost” requires more than walking up to someone and asking for money. It generally requires some form of:
A violation of PC 647c is charged as a misdemeanor offense punishable by:
From what I have seen, a first-time offense usually results in a fine and no jail time.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.