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Prostitution, Age of Consent, Criminal Penalty

Los Angeles, CA |

If someone (male age 19) pays someone else (female age 17) to have sex for money is there any additional punishment besides the standard prostitution law? There is no position of influence/power involved in the relationship.

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Attorney answers 5

Posted

I wouldn't be so much worried about the prostitution charges, so much as I would be about the statutory rape charges that you...I am sorry, "someone". Your power/influence position would only make things worse, but definitly not make things better. You are looking at a number of very big issues, like: being a blue dot (sex offender registry), being charged with a felony, serving time, having the stigma of statuary rape attached to your name, etc.

If you have been contacted by the police, please, please, please speak to an attorney. You will be doing irreparable harm to yourself if you handle...I am sorry, if "someone," handles this situation on their own. Good luck!

Asker

Posted

I thought it was only a misdemeanor to have sex with a 17 year old unless one is more than 3 years in age difference? Is this misdemeanor automatically registerable?

Brent Thomas Gleason

Brent Thomas Gleason

Posted

It is a misdemeanor, but many misdemeanors are registrable offenses. Like my colleague Mr. Farina said, PC 261.5 includes a lifetime sex offender registration. PC 261.5, under these circumstances are a misdemeanor.

Posted

When you say the "standard prostitution law" not sure what you mean. If you are an adult and the child is a minor but over the age of 14 years, you have the statutory rape law to deal with, PC 261.5, which could include lifetime sex registration. There may be other violations of the sexual assault statutes charged, depending on what acts are alleged. This is not your standard prostitution matter because you are an adult having sex with a minor. You definitely need to talk to an attorney if you think you might get arrested.

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

Not automatically registerable, but can be non-registerable if the DA, defense attorney and Judge agree that the defendant does not have to register as a sex offender.

Posted

You face an additional misdemeanor beyond the "standard prostitution law" and possible sexual registration. If you've done the deed and are facing criminal prosecution, consult a local criminal attorney immediately. This case could go from bad to worse quite quickly. On the hand, there are applicable defenses. Don't talk about this case further with anyone (least of all law enforcement). Good luck.

Posted

Statutory Rape

Posted

As other attorneys have stated, there is a possible statutory rape charge that could be filed against you. But, unlike what others have said, PC 290 (which shows which crimes require sex offender registry) does not require sex offender registration. If you are charged with statutory rape, it will be as a misdemeanor as there was less than 3 years between you. I'm not saying this is going to be a walk in the park, but it could be worse. You should hire an attorney to help you with this case. Many of us offer free consultations. Good luck!

The above stated is advice only, and does not establish an attorney-client relationship.