Living in California, the land of sunshine and glamour, it is easy to forget that certain activities remain firmly on the wrong side of the law. One such activity is prostitution and operating or maintaining a brothel. California Penal Code section 315 explicitly criminalizes keeping a house of ill fame, otherwise known as a brothel.
If you are curious about this law, you have come to the right place. Below, we explore the details of Penal Code section 315 and discuss the possible consequences of operating a brothel in California.
What Is Penal Code Section 315?
Penal Code section 315 makes it illegal to keep, maintain, or reside in a brothel. A brothel is defined as any establishment or dwelling where prostitution is practiced or even simply allowed to happen. A brothel can be a hotel, a house, a massage parlor, or a gentleman’s club.
Penal Code section 315 aims to dismantle brothels in California by targeting both their owners and managers and those who unwittingly or deliberately contribute to their persistence, such as residents.
This law functions as a tool to curb the spread of prostitution and the associated activities that often surround it.
Key Elements of Penal Code Section 315
To secure a conviction under Penal Code section 315, the prosecution must establish several elements beyond a reasonable doubt.
Connection to the Brothel
The prosecution needs to demonstrate a clear connection between the defendant and the alleged brothel. This applies to anyone who owns, manages, or controls the place used for prostitution. Think pimps, brothel owners, or even landlords who knowingly rented out a property for such purposes.
Nature of the Place
Simply owning a building is not enough. The prosecution must prove that the place functioned as a brothel, a place habitually used for prostitution. This often involves presenting evidence of the premises’ reputation or demonstrating that the owner knowingly allowed such activities.
Knowledge of the Activity
For those residing in a brothel, mere suspicion is not enough. The prosecution must prove that the defendant willfully chose to live in a place they knew was used for prostitution. This knowledge element can be a critical point of contention in Penal Code section 315 cases.
Is It Possible to Get Arrested Just for Visiting a Brothel?
Penal Code section 315 only applies to those who keep or reside in a brothel. Being present in a brothel does not automatically mean you are guilty of violating Penal Code section 315. However, depending on the circumstances, you may be charged with soliciting or engaging in prostitution.
What Evidence Is Used to Prove a Penal Code Section 315 Violation?
Common reputation of the place, police observations, and witness testimonies are all potential forms of evidence.
Penalties Under Penal Code Section 315
A violation of Penal Code section 315 is classified as a misdemeanor offense. While it may not carry a lengthy prison sentence, a conviction can leave a significant mark.
- Jail time. You could be sentenced to a maximum of six months in county jail, facing potential disruptions to your work, relationships, and overall life.
- Fines. The court may impose a fine of up to $1,000, which could pose a financial burden.
But the repercussions go beyond immediate penalties. A Penal Code section 315 conviction can cast a long shadow, potentially affecting your:
- Employment opportunities. Background checks conducted by potential employers might reveal the conviction, limiting your job prospects.
- Professional licenses. Depending on your profession, a Penal Code section 315 conviction could lead to disciplinary action, license suspension, or revocation.
- Immigration status. For non-citizens, a Penal Code section 315 conviction could complicate their immigration status or even lead to deportation proceedings.
These consequences highlight the importance of taking a Penal Code section 315 charge seriously and exploring all legal defense options.
Possible Defenses for a Penal Code Section 315 Charge
If you are facing charges under Penal Code section 315, do not despair. Here are a few potential defenses you can explore with your attorney:
- Lack of Knowledge. You might have a strong defense if you demonstrate you were not aware the place was a brothel.
- Mistake of Fact. Did you believe the place was used for a legitimate purpose, like massage therapy? This mistake could be a valid defense.
- Entrapment. If law enforcement pressured you into participating in a brothel operation, entrapment could be a defense.
- False Accusation. Asserting that the charges are based on false allegations or misunderstandings.
- Insufficient Evidence. Challenging the prosecution’s evidence as inadequate to prove the essential elements of the crime.
The best defense strategy will depend on the specific facts of your case. Consulting with a qualified criminal defense attorney is crucial to navigating the legal complexities.
Are There Any Exceptions To Penal Code Section 315?
There are no explicit exceptions to Penal Code section 315. However, if the place in question is found not to be a brothel or if the activities do not constitute prostitution, charges may not hold.
Can A Penal Code Section 315 Conviction Be Expunged?
Yes, a conviction for violating Penal Code section 315 can potentially be dismissed from your criminal record, subject to eligibility and the court’s discretion. Expungement eligibility typically depends on factors such as completion of probation, payment of fines, and the nature of the offense.
Effects on Property Owners and Landlords
Property Seizure
Property used for brothel operations may be subject to seizure under California’s nuisance abatement laws. This can lead to significant financial losses for property owners, even if they were not directly involved in the criminal activities.
Legal Responsibilities
Landlords must exercise due diligence to ensure their properties are not used for illegal purposes. This includes conducting thorough background checks on tenants and regularly inspecting properties to identify and address potential illicit activities.
Have Additional Questions? We Can Help
Understanding the complexities of Penal Code section 315 charges can feel overwhelming. If you or someone you know faces such allegations, the stakes are high and require a skilled and experienced attorney by your side.
The Law Offices of Kerry L. Armstrong, APLC, stands ready to be your unwavering advocate. With over 100 jury trials under our belt and a proven track record of client success, we have the expertise and tenacity to fight for your rights. Our dedication has garnered national recognition, solidifying our reputation as a leading criminal defense firm.
Don’t settle for uncertainty. Contact us today to schedule a consultation to discuss your case and explore your defense options.
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