California Penal Code Section 653.23 PC: Supervising Or Aiding Prostitution

1. Definition and Elements of the Crime

prostitution defense

Law enforcement and legislators recognize that there are many people who profit off the crime of prostitution but who do not actually commit the offense. In many cases, people manage or supervise others who engage in prostitution and take a portion of their earnings. In order to go after these people, the legislature enacted California Penal Code Section 653.23 PC, which makes it a crime to supervise or aid a prostitute.

Under California Penal Code Section 653.23 PC, it is unlawful to do the following:

  1. Direct, supervise, recruit or otherwise aid someone else in the commission of a prostitution offense OR
  2. To collect or receive the proceeds earned from another person’s act of prostitution.

The following situations can be considered as evidence that a defendant is guilty of aiding or supervising a prostitute:

  1. Repeatedly speaking or communicating with a prostitute
  2. Monitoring a prostitute
  3. Engaging in conversation with pedestrians or motorists to solicit an act of prostitution with a prostitute
  4. OR openly receiving money from another person engaging in prostitution.

2. Related Offenses

Related offenses include the following crimes:

  1. Prostitution - California Penal Code Section 647(b) PC
  2. Loitering for Prostitution - California Penal Code Section 653.22 PC
  3. Lewd Conduct - California Penal Code Section 647(a) PC

3. Examples

A man has a female friend who dances at private parties on the weekend for additional money. The man knows that the woman engages in acts of prostitution while at these parties. The woman needs a driver and someone to act as protection, so she asks the man if he will do this for her. The man agrees to help her and does this, but he refuses to take any money from the woman at the end of the night. This man could be charged with aiding or supervising a prostitute despite the fact that he received no money and was simply helping out a friend. The fact that he assisted her in committing an act of prostitution is enough to violate the statute.

In another example, a woman runs a massage parlor in town. While the parlor does offer legitimate massages, most of its profits come from acts of prostitution committed by the various masseuses working there. The woman who runs the massage parlor hardly ever comes to the business premises and is never there during work hours. This woman could be prosecuted for aiding or supervising prostitution because she profited from acts of prostitution carried out at her business.

In a third example, a man is drinking at a bar when a stranger sits beside him. The two men strike up a conversation and the stranger indicates that he is from out of town and wants to know where to find a prostitute. The man tells the stranger where the red light district is and directions on how to get there. This man would not be criminally liable for aiding or supervising a prostitute, as merely instructing someone where he can find a red light district is not enough to violate the statute.

4. Defenses to Supervising or Aiding Prostitution

There may be situations in which a person aids or assists in prostitution unknowingly. An example of this would be someone who regularly receives money from another person without knowing that the money was earned via prostitution. In these cases, the defendant would have a valid mistake of fact defense.

5. Penalties

Supervising or aiding a prostitute is a misdemeanor offense that is punishable by up to six months in jail and a $1,000 fine.

6. Criminal Defense for Supervising or Aiding Prostitution

If you have been charged with supervising or aiding a prostitute it is imperative that you discuss your case with a Los Angeles Criminal Defense Lawyer as soon as possible. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who has extensive experience in both prosecuting and defending cases like this. Mr. Kraut understands the stigma that charges of this nature can carry and is able to make all court appearances on his behalf of his clients to save them the embarrassment of personally appearing in court.

For more information about supervising or aiding prostitution, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
★★★★★
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
★★★★★
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
★★★★★
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
★★★★★
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
★★★★★
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
★★★★★