Escorting vs. Prostitution: What’s the Difference?

May 17, 2025 | Nafiz M. Ahmed

The distinction between escort services and prostitution can be unclear. While some might view escorting as a way to circumvent prostitution laws, they are legally and practically distinct. Escort services typically emphasize the services they provide and often have internal guidelines to prevent confusion.

Distinguishing between lawful escort services and prostitution can help you avoid criminal charges. If you think you may be suspected of soliciting or engaging in prostitution, regardless of your relationship to the title as an escort, you need the support of an experienced criminal defense attorney.

What Is an Escort?

Escort services are legal and relatively common in California. An escort provides paid companionship, which may include attending events, dining out, or spending time together. The payment strictly covers the escort’s time and presence, but it does not include any form of physical or sexual contact.

Law enforcement frequently monitors escort services to ensure they are not being used as fronts for prostitution. Any suggestion or discussion of sexual acts, whether during negotiations or while together, can be interpreted as an intent to engage in prostitution. This interpretation may apply even if sexual contact occurs after the paid time, putting both clients and escorts at legal risk.

Prostitution in California

Prostitution is illegal in California. California law defines prostitution as a lewd or sexual act in exchange for compensation, money, or anything else of value. In most circumstances where both parties are adults, charges of prostitution or soliciting prostitution are often considered misdemeanors and do not require registration as a sex offender. However, the penalties for each additional charge will increase.

Prostitution and Trafficking Charges

The act of soliciting a prostitute is a misdemeanor. However, if the individual involved is under 18, charges may escalate to felony-level offenses, including sex trafficking. Convictions involving sex trafficking or any sex crime with a minor can require mandatory registration as a sex offender, often for decades or even life, depending on the offense.

Updates to California Prostitution Laws

Effective January 2023, California updated its prostitution laws to include SB 357. According to the ACLU, SB 357, the Safer Streets for All Act, removes law enforcement’s ability to arrest for loitering with intent to engage in prostitution.

SB 357 seeks to decrease discriminatory policing. The law also enables those with past convictions under the repealed statute to request record clearance, thereby improving their ability to assimilate back into society.

In California, engaging in or agreeing to engage in prostitution involving adults is considered a misdemeanor offense. This means that if an adult offers or pays for sex, or agrees to do so, they may face up to six months in county jail, a fine of up to $1,000, or both.

Prostitution With a Minor

When prostitution involves someone under 18 years of age, the penalties become more severe. In cases involving minors, penalties increase significantly, resulting in up to one year in jail and a fine of up to $10,000.

Most cases involving minors are charged as felonies and can result in state prison and mandatory sex offender registration.

If the minor involved is under the age of 16 or if the minor is a victim of human trafficking, the offender may face even harsher penalties. In those situations, the punishment can include up to one year in county jail and a $10,000 fine, or state imprisonment as a felony-level offense.

Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500