Solicitation of Prostitution

Solicitation of prostitution refers to a person trying to obtain lewd conduct from another person. Solicitation to engage in lewd conduct requires specific intent to engage in that conduct. Specific intent is that intent where the person specifically seeks the end result. In a prostitution case, the end result is engaging in lewd conduct. Lewd conduct refers to the specific intent to sexually arouse, gratify, annoy or offend by soliciting someone to engage in conduct which involves the touching of genitals, buttocks, or the female breast.

In order to be convicted of solicitation of prostitution, the following elements must be fulfilled, according to the jury instructions that the judge gives the jury in a solicitation of prostitution case. CALJIC 16.420 reads in part:

"In order to prove this crime, each of the following elements must be proved:

1. A person solicited another to engage in any act of prostitution; and
2. That person did so with the specific intent to engage in an act of prostitution.
3. In addition to the agreement, the person did an act in furtherance of prostitution."

An agreement to engage in an act of prostitution itself is not enough; there must be an act that is done in furtherance of committing prostitution. Acts done in furtherance could be verbal comments, such as price negotiation or questions regarding condoms, and locations to engage in sex acts. It could also mean overt acts, such as agreement to sex or negotiation done with physical actions instead of words, such as taking off clothes, getting out a condom, exchanging money, or getting into a car after accepting the offer of an individual to engage in an act of prostitution. The court will interpret solicitation on a totality of the circumstances.