Is prostitution legal in California?

Prostitution is not legal in California. California prostitution laws have been challenged by some progressive state bills, lawsuits, and local ballot initiatives in recent years. Unfortunately these measures have ultimately left prostitution illegal in the state.

California Prostitution Laws - Decriminalize Sex Work

Prostitution Laws of California

§ 266. Procurement
§ 266a. Procurement by force or fraud; Prostitution and human trafficking; Punishment
§ 266b. Compelling an illicit relationship
§ 266c. Inducing consent to sexual act by fraud or fear
§ 266d. Causing cohabitation for profit
§ 266e. Acquiring prostitute
§ 266f. Selling prostitute
§ 266g. Procurement of wife by husband
§ 266h. Pimping
§ 266i. Pandering
§ 266j. Procurement of child
§ 266k. Additional fines; Use for child sexual abuse prevention and counseling and to serve minor victims of human trafficking
§ 267. Abduction of minor for prostitution
§ 309. Admitting or keeping minor in house of prostitution
§ 310.5. Agreement of parent or guardian to enter into contract to pay minor who allegedly victim of unlawful sex act
§ 315. Keeping or residing in house of ill-fame
§ 316. Keeping disorderly house
§ 318. Prevailing upon person to visit place for gambling or prostitution
§ 653.20. Definitions
§ 653.22. Loitering with intent to commit prostitution; Determination of intent
§ 653.23. Supervision of prostitute
§ 653.24. Severability
§ 653.26 Penalty for violation of chapter
§ 653.28. Effect of local ordinances

Expanded Prostitution Laws of California State

266. Procurement

A person who inveigles or entices a person under 18 years of age into a house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with another person, and a person who aids or assists in that inveiglement or enticement, and a person who, by any false pretenses, false representation, or other fraudulent means, procures a person to have illicit carnal connection with another person, is punishable by imprisonment in the state prison, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.

266a. Procurement by force or fraud; Prostitution and human trafficking; Punishment

Every person who, within this state, takes any person against his or her will and without his or her consent, or with his or her consent procured by fraudulent inducement or misrepresentation, for the purpose of prostitution, as defined in subdivision (b) of Section 647, is punishable by imprisonment in the state prison, and a fine not exceeding two thousand dollars ($2,000).

266b.Compelling an illicit relationship

Every person who takes any other person unlawfully, and against his or her will, and by force, menace, or duress, compels him or her to live with such person in an illicit relation, against his or her consent, or to so live with any other person, is punishable by imprisonment in the state prison.

266c. Inducing consent to sexual act by fraud or fear

Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person's free will, and does cause the victim to so act, is punishable by imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years. As used in this section, "fear" means the fear of physical injury or death to the person or to any relative of the person or member of the person's family.

266d. Causing cohabitation for profit

Any person who receives any money or other valuable thing for or on account of placing in custody any other person for the purpose of causing the other person to cohabit with any person to whom the other person is not married, is guilty of a felony.

266e. Acquiring prostitute

Every person who purchases, or pays any money or other valuable thing for, any person for the purpose of prostitution as defined in subdivision (b) of Section 647, or for the purpose of placing such person, for immoral purposes, in any house or place against his or her will, is guilty of a felony.

266f. Selling prostitute

Every person who sells any person or receives any money or other valuable thing for or on account of his or her placing in custody, for immoral purposes, any person, whether with or without his or her consent, is guilty of a felony.

266g. Procurement of wife by husband

Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the state prison for two, three or four years; and in all prosecutions under this section a wife is a competent witness against her husband.

266h. Pimping

(a) Except as provided in subdivision

(b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years.

(b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows:

(1) If the person engaged in prostitution is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years.

(2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

266i. Pandering

(a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years:

(1) Procures another person for the purpose of prostitution.

(2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another person to become a prostitute.

(3) Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state.

(4) By promises, threats, violence or by any device or scheme, causes, induces, persuades or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate.

(5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution.

(6) Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution.

(b) Any person who does any of the acts described in subdivision (a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows:

(1) If the other person is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years.

(2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

266j. Procurement of child

Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony and shall be imprisoned in the state prison for a term of three, six, or eight years, and by a fine not to exceed fifteen thousand dollars ($15,000).

266k. Additional fines; Use for child sexual abuse prevention and counseling and to serve minor victims of human trafficking

(a) Upon the conviction of any person for a violation of Section 266h, 266i, or 266j, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed five thousand dollars ($5,000). In setting the amount of the fine, the court shall consider any relevant factors including, but not limited to, the seriousness and gravity of the offense and the circumstances of its commission, whether the defendant derived any economic gain as the result of the crime, and the extent to which the victim suffered losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837.

(b) Upon the conviction of any person for a violation of Section 266j or 267, the court may, in
addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to
exceed twenty-five thousand dollars ($25,000).
(c) Fifty percent of the fines collected pursuant to subdivision (b) and deposited in the
Victim-Witness Assistance Fund pursuant to subdivision (a) shall be granted to
community-based organizations that serve minor victims of human trafficking.
(d) If the court orders a fine to be imposed pursuant to this section, the actual administrative cost
of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the county.

§ 267. Abduction of minor for prostitution

Every person who takes away any other person under the age of 18 years from the father, mother,
guardian, or other person having the legal charge of the other person, without their consent, for
the purpose of prostitution, is punishable by imprisonment in the state prison, and a fine not
exceeding two thousand dollars ($2,000).

§ 309. Admitting or keeping minor in house of prostitution

Any proprietor, keeper, manager, conductor, or person having the control of any house of
prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or
keep any minor of either sex therein; or any parent or guardian of any such minor, who shall
admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in
any such house, or room, shall be guilty of a misdemeanor.

§ 310.5. Agreement of parent or guardian to enter into contract to pay minor who allegedly
victim of unlawful sex act

(a) Any parent or guardian of a child who enters into an agreement on behalf of that child which
is in violation of Section 1669.5 of the Civil Code, and any alleged perpetrator of an unlawful
sex act upon that child who enters into such an agreement, is guilty of a misdemeanor.
(b) Every person convicted of a violation of subdivision (a) shall be punished by a fine of not
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by
imprisonment in the county jail for not less than 30 days nor more than six months, or by both
such a fine and imprisonment, at the discretion of the court.
(c) For purposes of this section, “unlawful sex act,” means a felony sex offense committed
against a minor.

§ 315. Keeping or residing in house of ill-fame

Every person who keeps a house of ill-fame in this state, resorted to for the purposes of
prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor; and
in all prosecutions for keeping or resorting to such a house common repute may be received as
competent evidence of the character of the house, the purpose for which it is kept or used, and
the character of the women inhabiting or resorting to it.

§ 316. Keeping disorderly house

Every person who keeps any disorderly house, or any house for the purpose of assignation or
prostitution, or any house of public resort, by which the peace, comfort, or decency of the
immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner;
and every person who lets any apartment or tenement, knowing that it is to be used for the
purpose of assignation or prostitution, is guilty of a misdemeanor.

§ 318. Prevailing upon person to visit place for gambling or prostitution

Whoever, through invitation or device, prevails upon any person to visit any room, building, or
other places kept for the purpose of illegal gambling or prostitution, is guilty of a misdemeanor,
and, upon conviction thereof, shall be confined in the county jail not exceeding six months, or
fined not exceeding five hundred dollars ($500), or be punished by both that fine and
imprisonment.

§ 653.20. Definitions

For purposes of this chapter, the following definitions apply:
(a) “Commit prostitution” means to engage in sexual conduct for money or other
consideration, but does not include sexual conduct engaged in as a part of any stage
performance, play, or other entertainment open to the public.
(b) “Public place” means an area open to the public, or an alley, plaza, park, driveway, or
parking lot, or an automobile, whether moving or not, or a building open to the general
public, including one which serves food or drink, or provides entertainment, or the
doorways and entrances to a building or dwelling, or the grounds enclosing a building or
dwelling.
(c) “Loiter” means to delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be discovered.

§ 653.22. Loitering with intent to commit prostitution; Determination of intent

(a)
(1) Except as specified in paragraph (2), it is unlawful for any person to loiter in any
public place with the intent to commit prostitution. This intent is evidenced by acting in a
manner and under circumstances that openly demonstrate the purpose of inducing,
enticing, or soliciting prostitution, or procuring another to commit prostitution.
(2) Notwithstanding paragraph (1), this subdivision does not apply to a child under 18
years of age who is alleged to have engaged in conduct that would, if committed by an
adult, violate this subdivision. A commercially exploited child under this paragraph may
be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of
Section 300 of the Welfare and Institutions Code and may be taken into temporary
custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if
the conditions allowing temporary custody without warrant are met.
(b) Among the circumstances that may be considered in determining whether a person loiters
with the intent to commit prostitution are that the person:
(1) Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or
engage in conversations with passersby, indicative of soliciting for prostitution.
(2) Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving
arms, or making any other bodily gestures, or engages or attempts to engage the drivers
or passengers of the motor vehicles in conversation, indicative of soliciting for
prostitution.
(3) Has been convicted of violating this section, subdivision (a) or (b) of Section 647, or
any other offense relating to or involving prostitution, within five years of the arrest
under this section.
(4) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
contact or stop pedestrians or other motorists, indicative of soliciting for prostitution.
(5) Has engaged, within six months prior to the arrest under this section, in any behavior
described in this subdivision, with the exception of paragraph (3), or in any other
behavior indicative of prostitution activity.
(c) The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set
forth in subdivision (b) should be considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances may be considered in
determining whether a person has the requisite intent. Moreover, no one circumstance or
combination of circumstances is in itself determinative of intent. Intent must be determined
based on an evaluation of the particular circumstances of each case.

§ 653.23. Supervision of prostitute

(a) It is unlawful for any person to do either of the following:
(1) Direct, supervise, recruit, or otherwise aid another person in the commission of a
violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution
committed by another person in violation of subdivision (b) of Section 647.
(b) Among the circumstances that may be considered in determining whether a person is in
violation of subdivision (a) are that the person does the following:
(1) Repeatedly speaks or communicates with another person who is acting in violation of
subdivision (a) of Section 653.22.
(2) Repeatedly or continuously monitors or watches another person who is acting in
violation of subdivision (a) of Section 653.22.
(3) Repeatedly engages or attempts to engage in conversation with pedestrians or
motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or
motorists and another person who is acting in violation of subdivision (a) of Section
653.22.
(4) Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or
facilitate an act of prostitution between pedestrians or motorists and another person who
is acting in violation of subdivision (a) of Section 653.22.
(5) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of
prostitution between the pedestrians or motorists and another person who is acting in
violation of subdivision (a) of Section 653.22.
(6) Receives or appears to receive money from another person who is acting in violation
of subdivision (a) of Section 653.22.
(7) Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard
to or on behalf of two or more persons who are in violation of subdivision (a) of Section
653.22.
(8) Has been convicted of violating this section, subdivision (a) or (b) of Section 647,
subdivision (a) of Section 653.22, Section 266h, or 266i, or any other offense relating to
or involving prostitution within five years of the arrest under this section.
(9) Has engaged, within six months prior to the arrest under subdivision (a), in any
behavior described in this subdivision, with the exception of paragraph (8), or in any
other behavior indicative of prostitution activity.
(c) The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set
forth in subdivision (b) should be considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances may be considered. Moreover,
no one circumstance or combination of circumstances is in itself determinative. A violation of
subdivision (a) shall be determined based on an evaluation of the particular circumstances of
each case.
(d) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section
266h or 266i or for any other offense, or for a violation of this section in conjunction with a
violation of Section 266h or 266i or any other offense.

§ 653.24. Severability

If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be
deemed a separate, distinct, and independent provision, and that holding shall not affect the
validity of the remaining portion of the chapter.

§ 653.26 Penalty for violation of chapter

A violation of any provision of this chapter is a misdemeanor.

§ 653.28. Effect of local ordinances

Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local
governing body from adopting and enforcing laws consistent with these chapters relating to
prostitution or prostitution–related activity. Where local laws duplicate or supplement this
chapter or Chapter 2 (commencing with Section 639), these chapters shall be construed as
providing alternative remedies and not to preempt the field.