Penal Code § 653.23 PC – Supervising or Aiding a Prostitute

California Penal Code § 653.23 PC makes it a crime to direct, supervise, recruit or aid a prostitute. Doing so is a misdemeanor punishable by up to six months in county jail.

We will quote the full language of the code section and then provide legal analysis below:

653.23. (a) It is unlawful for a 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.
(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) 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.

Examples

• walking with a prostitute to help find customers.
• collecting $20 from a prostitute after she performs oral sex on a man.
• watching a prostitute from a car to make sure the customer does not avoid payment.

Defenses

If you are facing criminal charges under this law, you can challenge them with a legal defense. A few common defenses include showing that:

• there was a mistake of fact,
• you were entrapped, and/or
• law enforcement violated one of your constitutional rights.

Penalties

A violation of this criminal code section is a misdemeanor. The crime is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will address the following in this article:

• 1. How does California law define “supervising/aiding prostitution”?
• 2. Are there legal defenses to PC 653.23a charges?
  • 2.1. Mistake of fact
  • 2.2. Entrapment
  • 2.3. Police officers violated a constitutional right
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Prostitution and solicitation – PC 647b
  • 4.2. Loitering with intent to commit prostitution – PC 653.22
  • 4.3. Pimping – PC 266h
  • 4.4. Pandering – PC 266i

1. How does California law define “supervising/aiding prostitution”?

Penal Code 653.23a PC makes it a crime to do any of the following two things:

1. direct, supervise, recruit, or help someone else commit prostitution or solicitation,
2. collect or receive some or all of a prostitute’s earnings.¹

“Prostitution” is defined as any lewd acts/sexual acts between two or more people that takes place for money or other payment.²

The “solicitation of prostitution” is where you:

1. request that another person engage in an act of prostitution, and
2. do so with the intent to engage in an act of prostitution with the other person.³

“Loitering” for the purpose of committing prostitution is defined as lingering or delaying in a public place with the actual intent to commit prostitution. Loitering for the purpose of committing prostitution is no longer a crime. ⁴

2. Are there legal defenses to PC 653.23a charges?

Criminal defense lawyers draw upon several legal strategies to challenge accusations under this statute. Three common ones include attorneys showing that:

• there was a mistake of fact.
• you were entrapped.
• law enforcement violated one of your constitutional rights.

A successful defense will show reasonable doubt as to your guilt.

2.1. Mistake of fact

Mistake of fact is a defense where you show that you acted based on an honest mistake, and thus lacked the specific intent to commit a crime. Consider, for example, the scenario where a prostitute’s boyfriend takes some of her earnings, but she tells him that the money is from her regular job as a waitress. The boyfriend is not guilty under PC 653.23 because there is a lack of intent to break the law. He was mistaken as to the true source of the earnings.

2.2. Entrapment

Entrapment is often used as a defense when you are charged following an undercover sting. You assert that the police used some type of overbearing conduct to trick you into committing a crime. This defense works so long as you show that you only committed the offense because of the undercover officer’s pressure.

2.3. Police violated a constitutional right

You can always contest a charge by showing that the police violated one of your constitutional rights.

Perhaps, for example, law enforcement:

• conducted an unlawful search or seizure,
• arrested you without probable cause,
• coerced a confession, or
• failed to read you your Miranda rights prior to custodial interrogation.

If any of the above apply in a case, then a judge can reduce or drop your charges.

3. What are the penalties?

In the State of California, a violation of PC 653.23a is a misdemeanor offense. The crime is punishable by:

• county jail time of up to six months (as opposed to time in state prison), and/or
• a maximum fine of up to $1,000.⁵

Note that some California sex crimes result in you having to register as a sex offender under Penal Code 290. However, a violation of PC 653.23a, and prostitution charges in general, do not produce this result.

4. Are there related offenses?

There are four crimes related to supervising or aiding a prostitute. These are:

1. prostitution and solicitation – PC 647b,
2. loitering with intent to commit prostitution – PC 653.22,
3. pimping – PC 266h, and
4. pandering – PC 266i.

4.1. Prostitution and solicitation – PC 647b

Under Penal Code 647b, the crime of prostitution is where you:

1. willfully engage in sexual intercourse or a lewd act with someone else, and
2. do so in exchange for money or other compensation.

“Solicitation” is the crime where you ask another to engage in sex acts, sexual activity, or prostitution activity in exchange for money or something of value.

As with supervising a prostitute, a prostitution offense and a solicitation offense are punishable by custody in county jail for up to six months.

4.2. Loitering with intent to commit prostitution – PC 653.22

Penal Code 653.22 PC – loitering with intent to commit prostitution is no longer a crime.

4.3. Pimping – PC 266h

Under Penal Code 266h PC, pimping is the crime where you derive any support or revenue from another person’s work as a prostitute.

Pimping is a more severe crime than aiding a prostitute. Pimping is a felony offense that can lead to up to six years in prison time.

4.4. Pandering – PC 266i

Per Penal Code 266i, pandering is the crime where you attempt to influence someone to become, or to remain, a prostitute.

As with charges of supervising a prostitute, you can challenge a pandering charge with the defense that police violated one of your constitutional rights.

---