Prostitution, described as exchanging sexual conduct for anything of value, is illegal in California. Understanding the differences between escorting and prostitution can prevent legal misunderstandings or even criminal charges. Under the law, an escort is very different than a prostitute.
An escort agrees to either accompany a client to a social event or provide entertainment in exchange for money. If an escort agrees to sexual conduct or even describes what sexual acts they might perform to their client, they could face the criminal charge of soliciting prostitution.
While escorting is legal in California, doing so requires a license. Escorting without a license is itself grounds for arrest. While license applications are easy to find, actually obtaining a license requires an extensive background check. Before July , merely having condoms was considered circumstantial evidence for prostitution. That meant police might accuse a licensed escort of soliciting prostitution just because they had sexual protection on their person, regardless of the actual intent.
Now, thanks to a law passed by the California State Assembly, condoms cannot be a consideration when determining whether someone was furthering an act of prostitution. These questions should be explained on a case-by-case basis by an experienced sex crimes attorney. If the police believe there is probable cause that escort was hired to pursue sexual conduct at a later time, both the escort and their client could face criminal charges.
If you have questions about California sex crimes, you might want legal representation. What Is Bribery? The concept of bribery may seem straightforward, but in California, the legal definition is detailed and Blog January Escorting vs. Escorting in California: What is an Escort?
