A person generally commits the crime of prostitution by engaging in sexual contact or offering to engage in sexual contact in exchange for money or other consideration.
It is also a criminal offense to solicit (on a person's own behalf, or on behalf of another person), promote, or compel prostitution. For example, most states have laws that make it illegal to buy, sell, or profit from prostitution—which is generally the business of pimps and other human traffickers—known as pimping, pandering, procuring, soliciting, promoting, or compelling prostitution.
Prostitution laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In California, prostitution is defined as engaging in sexual conduct for money or other consideration, and it is illegal under California Penal Code 647(b). This law makes it a misdemeanor for anyone to participate in any act of prostitution, and this applies to both the person offering sexual services and the person receiving them. Additionally, the law criminalizes the acts of soliciting prostitution, agreeing to engage in prostitution, and engaging in the act itself. Beyond the act of prostitution, California law also prohibits pimping and pandering, which involve facilitating or arranging for another person to engage in prostitution (California Penal Code 266h and 266i). Pimping refers to receiving financial gain from the earnings of a prostitute, while pandering involves encouraging or persuading someone to become or remain a prostitute. These offenses are typically treated as felonies and carry more severe penalties than the act of prostitution itself. The state's approach to these crimes reflects a broader effort to combat human trafficking and protect individuals from exploitation.