As laws regarding sex work in California change, the California legislature is enacting new protections and restrictions within the field. This is partially a response to the rapid growth the sex work industry has found as it expands further into the use of technology. Despite the new legislature, California law refuses to accept some services as legal trade and considers them unregulated, illegal activity. For this reason, it is essential to know one’s rights when considering or working in the sex work industry.
What is Prostitution, and is it Sex Work in California?
According to California Law, prostitution is considered “lewd” acts of sexual variety for compensation. A California court may consider any physical contact in a sexual manner a lewd act.
Is Prostitution Legal in California?
Prostitution and the act of soliciting prostitution are illegal in California. It is considered a misdemeanor by California law and an offense that can lead to incarceration.
What is Soliciting, and is It Sex Work?
Soliciting is a request to engage in lewd or sexual acts for monetary compositions. Solicitation of lewd acts is considered illegal because of the Penal Code 647, which includes individuals soliciting participation or participating in lewd acts in public view.
What are the Consequences of Soliciting?
Soliciting in California is considered a misdemeanor. If a prosecutor charges a sex worker and a court convict them for soliciting, they risk jail time up to six months and a fine of up to $1000. However, this increases if the court system convicts the same individual multiple times.
Can Police Arrest an Individual for Hiring a Prostitute?
Yes, the same laws regarding solicitation and participation apply to sex workers apply to those who actively participate in lewd acts or “hire” the individual to perform the lewd act.
What Evidence Can the Police use Against Someone Caught Soliciting?
While police officers might not catch the individuals engaging in the act, an individual can be convicted on charges regarding solicitation if caught:
- Consenting to participate in lewd acts with another for monetary compensation
- Consenting to sexual intercourse with explicit intent to do so for money
- Participation through giving money or commuting to the location to participate in lewd acts.
The state may use the above as evidence to convict an individual.
What is an Escort, and is It Sex Work?
An escort is a paid individual one hires for companionship. Sex work is not a prerequisite for escorts, but it may be part of their service. They work for monetary compensation to attend social events or provide their company for conversation. They are not required to perform lewd acts but often do.
Is Escorting Legal in California?
Yes, Escorting is legal in California because it does not explicitly solicit sexual intercourse. However, the escort does have to be a part of an escort agency and be licensed. An escort can be arrested for solicitation if caught making agreements or participating in a sexual act.
Is Online Sex Work in California Legal?
Online sex work is legal under California law. Platforms such as Only Fans and camera-based interactions are legal in California. The individual still may not solicit sexual intercourse for monetary compensation.
Is being a Sugar Baby a crime?
A “sugar relationship” involves two consenting adults where one will provide companionship to gain monetary or other forms of compensation. While a sugar relationship might seem illegal because it is still considered a solicitation, it is different from prostitution. Sugar relationships are more than just sexual intercourse; there is usually a level of companionship in sugar relationships absent from prostitution.
Sugar relationships usually involve emotional support, companionship, and financial stability. The most significant difference between being in a sugar relationship and prostitution is the mutual benefit from both parties and the formal relationship. However, a sugar relationship can turn into prostitution when there is an explicit agreement to trade sexual intercourse for monetary or material possession.
What type of Sex Work is Legal in California?
California sees exotic dancers, online sex workers, and escort workers as legal. An exotic club may hire an exotic dancer as a legal employee. California is continually modifying its laws to include fair treatment of sex workers.
Are Sex Workers Employees under California Law?
According to Assembly Bill 5 in California law, some sex workers qualify as employees. In 2019, California passed law AB5 that requires clubs to consider exotic dancers employees. AB5 benefits exotic dancers because it provides:
- Job security: Exotic clubs cannot terminate an employee wrongfully. An employee would be able to file for discrimination against the exotic club.
- Worker’s compensation for injured employees: If an employee suffers an injury while working, they can now file for compensation. Exotic dancing is a physical job that requires dangerous stunts, so this now allows them to have financial security if an injury occurs on the clock.
- Unions: Exotic dancers now have the opportunity to create unions and gather to better their work environments.
- Regular hours, breaks, and Overtime: Exotic clubs are now required to pay dancers at least minimum wage, overtime pay, provide regular breaks, and pay for missed breaks
California is slowly progressing to be more inclusive of other types of sex work. However, there are still areas of industry without protection under California law. If there is ever a concern that the work may not be legal or if one has issues with soliciting, it may time to contact legal counsel for advice.
Contact Pride Legal
If you or a loved one has been accused of a sex crime, we invite you to contact us at Pride Legal for legal counseling or further questions. To protect your rights, hire someone who understands them.