Escort services provide companionship and social interaction for individuals seeking company at various events or activities.
This can include attending dinners, parties, social or business functions, travel companionship, or simply spending time together.
Escorts are typically hired and paid for their time and presence, explicitly excluding sexual activity to remain within the boundaries of the law. Because they exclude sexual activity, escort services are legal in the State of California.
However, there’s a fine line between lawful companionship and illegal activity, and when escort arrangements cross the line that includes sexual activity, it can lead to charges for soliciting prostitution.
If you’ve been accused of soliciting prostitution, it’s crucial to speak immediately with an experienced attorney who understands California law.
What does California law say about hiring escorts?
In California, paying someone for their companionship, social time, or presence at an event is legal.
Escort agencies openly offer these companionship services. However, any agreement or act involving sexual activities in exchange for compensation, either explicitly or implicitly, is illegal under California Penal Code 647(b), which defines prostitution.
Legal vs. illegal escort situations
Legal examples
- Social engagement – Hiring an escort to attend events such as weddings, corporate gatherings, or dinners without sexual activity.
- Non-sexual services – Paying for an escort to accompany you socially, such as attending concerts, theaters, or traveling strictly for companionship.
Example: David hires an escort as a companion to accompany him to a professional event and dinner afterward. They spend the evening engaging only in conversation and socializing. This arrangement is entirely legal.
Illegal examples
- Exchange of sex for money – Any arrangement involving explicit or implied sexual acts for compensation.
- Negotiation for sexual acts – Any discussion or agreement regarding sex in exchange for payment, even without an actual exchange taking place.
Example: Michael hires an escort, and during their meeting, they agree to exchange money specifically for sexual activities. This scenario is illegal under California law.
Penalties for hiring an escort for prostitution
Being charged with prostitution under Penal Code 647(b) is typically a misdemeanor, but it carries serious consequences:
- First offense – Up to six months in county jail and/or fines up to $1,000.
- Second offense – Mandatory minimum of 45 days in jail.
- Third and subsequent offenses – Minimum of 90 days in jail, along with fines and possible probation terms.
Repeat offenses or aggravating circumstances can lead to even harsher penalties.
Be aware of law enforcement stings
California law enforcement regularly conducts undercover operations to combat prostitution.
Officers pose as escorts or clients, monitor online ads, and carefully observe interactions. Even implied agreements for sexual activity can result in arrest and prosecution.
Common defenses to prostitution charges
If you’re facing prostitution-related charges, possible legal defenses include:
- Entrapment – If law enforcement induced you to commit an act you wouldn’t ordinarily commit.
- Insufficient evidence – Lack of clear evidence showing an explicit or implied agreement for sexual activity.
- Misunderstanding or misinterpretation – Proving that there was a genuine misunderstanding regarding the escort’s services or intentions.
Protect your rights with Ventura defense attorney Robert M. Helfend
Hiring an escort isn’t inherently illegal, but understanding where California law draws the line is essential. If you’ve been charged with soliciting prostitution, you need immediate legal support.
Ventura defense attorney Robert M. Helfend has extensive experience successfully defending clients against prostitution and solicitation charges. Secure knowledgeable and aggressive representation to protect your reputation and future.
For a confidential and free consultation, contact Robert M. Helfend today at 805-273-5611.
Published March 20, 2025.