Prostitution is illegal in California. Prostitution means to engage in sexual conduct for money or other consideration. A conviction for prostitution is a misdemeanor, resulting in a conviction for disorderly conduct. California Penal Code defines a prostitute as

Any person who agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.

The following actions may give rise to a charge of prostitution:

a) Any act committed with the intent to sexually arouse or gratify.
b) Loitering in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act
c) Loitering or wandering upon the streets or from place to place without apparent reason or business and refusing to identify or account for his or her presence when requested by any peace officer so to do.

The punishment for prostitution increases if there have been prior convictions for the same offense.

a) Convicted once before: incarceration in the county jail for a minimum of 45 days. The court does not have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
b) Convicted two or more times: incarceration in a county jail for a minimum of 90 days.
c) In addition to the punishment described above, a court may suspend a person's driving privileges for a maximum of 30 days if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle.
d) If intravenous drugs are involved, the judge may impose an additional fine of $70.
e) In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for up to 6 months. The court may also allow the person to drive in that person's scope of employment.
f) If an arrestee for prostitution has been informed they tested positive for the AIDS virus and they are arrested again for prostitution, then they will be charged with a felony.

If you or a loved one has been arrested and charged with prostitution, please contact an experienced defense attorney immediately.