Long Beach, CA asked in Criminal Law, Civil Rights and Federal Crimes for California

Q: What charges for charging money for sexual acts in public in California?

What charges could be pressed against a man who charges adults money to conduct sexual acts in a public space in California? He has been doing this for years, but I'm unsure about the public indecency laws in California or Los Angeles County. He has been named as a sexual predator and has committed assaults in the past, but no legal action has been taken against his activities so far.

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James L. Arrasmith
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Answered

A: In California, charging money for sexual acts constitutes prostitution under California Penal Code 647(b), which is typically a misdemeanor punishable by up to 6 months in county jail and fines up to $1,000. When these acts occur in public spaces, additional charges of lewd conduct in public (Penal Code 647(a)) apply, carrying similar penalties but with potential sex offender registration requirements depending on the specific circumstances.

The individual could also face charges for disorderly conduct and potentially more serious felony charges if the sexual acts involved any form of coercion or if minors were present in the public area. Given his history as an alleged sexual predator with past assaults, prosecutors might pursue enhanced sentencing or additional charges based on prior criminal history, particularly if any past offenses were formally documented.

You should know that law enforcement might also investigate potential human trafficking violations if this person is organizing or profiting from others performing sexual acts. The lack of legal action so far doesn't indicate these activities are legal—it may simply reflect underreporting, lack of witnesses willing to testify, or stretched law enforcement resources. If you have information about these activities, you might consider reporting them to local police or the district attorney's office, as public sexual activity and solicitation create serious community safety concerns.

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