The Ugly Truth about “Pretty Woman” - California Prostitution Laws

The modern day Cinderella story captured in the film “Pretty Woman” – starring Julia Roberts and Richard Gere - has an unusual legal twist: a rich New York industrialist hires a Hollywood hooker to be his “girlfriend” during a complicated week of hostile business takeover.

No big deal, you think. Edward Lewis (played by Gere) didn’t hire Vivian Ward (played by Roberts) for sex. He hired her for “companionship.” A true romantic comedy with a happy ending. A film producer’s dream come true! A box office bonanza!

Despite the happy ending of this poor girl meets rich boy love story, Edward and Vivian have potentially broken California prostitution laws.

Engaging in sex for hire, either as a prostitute or as a customer can lead to serious criminal charges of disorderly and/or lewd conduct.

California Prostitution Laws

What California prostitution laws would the stars of "Pretty Woman" have faced if their story occurred in real life?

Prostitution means engaging in a sexual act in exchange for money or other consideration (drugs, gifts, etc.). Prostitution in California is a crime of disorderly or lewd conduct under Penal Code Section 647. You can be charged with either:

• Engaging in prostitution; or
• Offering (this is also known as "solicitation") or agreeing to engage in the act of prostitution.

California police officers routinely arrest the prostitute, the soliciting customer (“john”), and often the go-between, or “pimp” if there is one.

What Would Edward and Vivian Face if Ever Charged?

Assuming that Edward and Vivian had made a contract for sex in exchange for money, they could be found guilty of engaging in prostitution if arrested and charged. Prostitution (or solicitation of prostitution) in California is a misdemeanor under Penal Code Section 647(b). A first offense is punishable by up to six months in jail and/or a maximum fine of $1,000, or both.

If you have a prior conviction for prostitution (or solicitation), California requires a sentence of at least 45 days in jail that must be served before you could be eligible for probation or work release. Similarly, two or more prior convictions for prostitution will increase your mandatory sentence to at least 90 days in jail.

The court may impose an additional punishment if the crime of prostitution took place in a motor vehicle within 1,000 feet of a private residence. The court may decide to restrict your use of a motor vehicle for up to six months with exceptions made to drive to work, for employment purposes, or to attend school.

Neither prostitution nor solicitation under Penal Code 647(b) requires mandatory sex offender registration pursuant to California Penal Code Section 290. However, the judge may discretionarily order you to register as part of your sentence.

Discretionary registration pursuant to Penal Code Section 290.006 is imposed whenever the judge finds at the time of conviction or sentencing that you committed a crime as a result of sexual compulsion or for purposes of sexual gratification.

Additional “Crimes” Vivian may Have Committed

At the beginning of “Pretty Woman” Julia Robert’s character Vivian is seen hanging around Hollywood Boulevard, scantily dressed in an area depicted as being known for streetwalkers. Ultimately, she saunters over to a fancy car being driven by Edward and says provocatively, “Hey sugar, are you looking for a date?”

Vivian may be in violation of Penal Code Section 653.22, known as Loitering to Commit Prostitution.

Police may charge a person they observe to be a prostitute, standing or walking in an area known for prostitution, who appears to be soliciting customers driving by. Although the suspect has yet to engage in an act of prostitution, the law exists to aid law enforcement in making arrests against people they believe to be prostitutes.

Penal Code Section 653.22 is charged as a misdemeanor. A conviction can lead to up to six months in jail and/or a fine of up to $1,000.

Are Edward and Vivian Guilty?

Not likely. He doesn’t actually pay her until the end of the week, well after they’ve clearly fallen in love with each other. That’s a gift, which is not consideration in a contract.

Besides, Richard Gere played the role of a male prostitute (a “hustler”) named Julian in the movie American Gigolo in 1980. So it’s hard to say who is hustling who in Pretty Woman!

Interestingly, actor Hector Elizondo was in both American Gigolo and Pretty Woman. Does that make him the pimp?

On second thought, maybe these characters need to hire a really good criminal defense attorney!

Wallin & Klarich is Here to Help

If you or someone you care about is facing charges for prostitution, there might not be a happy ending for you if you don’t speak to our attorneys at Wallin & Klarich right away. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending our clients facing prosecution for disorderly and lewd conduct.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the knowledgeable criminal defense attorneys at Wallin & Klarich will be able to examine all of the evidence against you to determine if all of the elements of a crime can be proven beyond reasonable doubt. If not, we may be able to get your charges reduced or dismissed altogether. Our top priority is to get you the best possible result in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.