In California, prostitution is a misdemeanor, and a relatively minor one at that except for repeat offenders, who can receive much tougher penalties. But just the same, law enforcement agencies invest considerable resources in targeting both sex workers and their would-be customers. The crime of prostitution involves trading sexual acts for money or other compensation. As specified by California Penal Code b , participating in acts of prostitution β as well as simply offering or agreeing to engage in a sexual act for pay β can result in the arrest of:.
Of particular importance is that to be arrested, tried, and convicted of prostitution, the alleged prostitute need not be a professional or earn a substantial percentage of their total income from prostitution. Any offer or agreement between two people involving sex in exchange for compensation is considered prostitution under the law. So, even an arrangement to help pay the rent, barter for car repairs, or in exchange for a place to stay can constitute an act of prostitution.
Despite some evidence that public opinion is beginning to shift in favor of decriminalizing paid sexual acts which occur between two consenting adults in preference for allocating more resources to preventing and punishing human trafficking, prostitution continues to be viewed and prosecuted as a crime by law enforcement and justice system officials. As such, many law enforcement agencies expend considerable resources on vice operations targeting prostitution. The majority of arrests for prostitution occur prior to an actual sexual act.
These operations are periodically conducted in areas known to be frequented by prostitutes, such as certain streets, neighborhoods, or businesses. Undercover officers working sting operations usually wear, or are located within the range of audio or video recording devices so the entire incident can be captured for evidence.
A law enforcement officer is permitted to convincingly portray a prostitute in appearance, dress, and mannerisms. They may also provide false assurances that they are not a cop. In these situations β unlike the sting operation β evidence of the offense must usually be provided by an admission of guilt. The alleged prostitute and john will typically be interviewed separately by law enforcement officers, and various techniques utilized to entice a confession out of one or both of the suspects.
