The Difference between Escorting and ProstitutionFor many people, there is none to little difference between an escort and a prostitute. Both escorts and prostitutes are paid for the time they spend with their clients. But, for the law, there is a huge difference. That is why escorting is legal and prostitution is not.
What is an escort?
An escort is a person who is paid to spend time with someone. They usually are paid to accompany a person to a dinner, a celebration, a business event, or just to spend time socializing with a person. So, they are paid for their time. Escorts are usually good-looking, smart, socially adaptive. They are a suitable companion for presenting to friends, associates, and colleagues. Escorting is legal in California. A valid license is needed and performing sexual services is prohibited.
What is a prostitute?
A prostitute is a person who is paid for a sexual act and typically charges by the hour or by the specific sexual act. Prostitution is defined as agreeing to, offering to, or engaging in sexual conduct in exchange for money or other valuable consideration. Sexual conduct is defined as any indirect or direct manipulation of the breasts, genitals, or anus. Sexual conduct is also defined as oral sex, sexual intercourse, or sadomasochistic abuse. Prostitution falls under the umbrella of sex crimes in California. A person can be charged with a crime for engaging in sexual acts for money or other things of value, as well for agreeing to engage in the act of prostitution or solicit another person to engage in the act of prostitution. A person who arranges sexual encounters between a prostitute and a client (often referred to as a madam, macro, or pimp) can be charged with a crime.
Sexual acts and compensation
The state needs to prove two things to convict you for prostitution. Those are sexual acts and compensation As said before, sexual acts refer to any indirect or direct manipulation of the breasts, genitals, or anus. Sexual conduct is also defined as oral sex, sexual intercourse, or sadomasochistic abuse Compensation can include money, jewelry, information, drugs, designer clothes, property, a promise not to be arrested, etc… Anything that can be of value to the person.
How to avoid a conviction for prostitution?
Do not agree to engage in sexual acts for money, jewelry, or any other compensation. In case you hire an escort, do not engage in sexual acts. Engaging in sexual acts with an escort is also illegal. In case the police arrest you for prostitution, do not say anything without your lawyer. You have the right to remain silent and have legal counseling.
Penalties for a prostitution charge
There is a difference when it is the first time prostitution conviction and when it has happened to you already in the past. Also, the sentence could be more severe if there are aggravating circumstances involved, such as engaging in prostitution near a school. Keep this in mind, because the conviction can have a serious impact on your social and family life, your career, and your status in the community. A first-time prostitution conviction could result in up to six months in jail and a $1,000 fine. The penalty increases for a second conviction of prostitution: at least 45 days in jail, with up to six months of jail time and a $1,000 fine. For the third time conviction, the minimum jail sentence is 90 days, including the penalties for first-time offenses.