Penal Code 315 PC - Keeping or Living in a House of Prostitution in California
California Penal Code 315 PC is the statute that makes it a crime for someone to live in or maintain a house of prostitution, commonly known as a “brothel.” Keeping a house of prostitution is also known as keeping a house of ill fame or keeping a house of ill repute.
Simply put, to keep a house of prostitution is allowing, managing, or operating a business where prostitutes are working, such as a brothel, massage parlor, strip club, or even private residence with the defendant's knowledge.
An act of prostitution is a misdemeanor crime defined as sexual services in exchange for compensation or other benefits defined under California Penal Code 647(b) PC.
In prosecuting someone for keeping or residing in a house of prostitution, the use the reputation of the house could be used as valid evidence of the character of the house, the purpose for why it is kept or used, and the moral character of the women inhabiting or resorting to it.
Acts of prostitution are unlawful in California, as are any facilities such as brothels that are designated for these sexual-related activities. PC 315 PC makes it a crime to either keep a house of prostitution or to reside in one willfully.
The “house” in the context of this law includes a brothel, private home, motel, hotel, massage parlor, or any other location where prostitution activity regularly occurs.
PC 315 says, “Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor; and in all prosecutions for keeping or resorting to such a house common repute may be received as competent evidence of the character of the house, the purpose for which it is kept or used, and the character of the women inhabiting or resorting to it.”
What is a “House of Prostitution?”
A prostitute is a person who will engage in sexual intercourse or any lewd act with another person in exchange for money or other compensation. Lewd acts are physical contact with the following:
- Genitals,
- Buttocks, or
- Female breasts.
Sexual acts could occur on either the prostitute or customer (John) on some part of their body for the purpose of sexual arousal or gratification. A house of prostitution is called a house of “ill repute,” which can include a traditional home, motel, or any other type of building.
To “keep a house of prostitution” means operating or managing a business where prostitutes are working. Often, a prostitute is also responsible for running a house of ill repute at the same time. Penal Code 315 PC makes it a crime to do any of the following:
- Keep, own, manage, or maintain a house of prostitution (brothel) or
- Willfully live inside a house of prostitution.
In context, a house of prostitution is any place where sexual services, such as sexual intercourse, are exchanged for money or other forms of compensation. This law focuses not only on prostitutes but also anyone who profits from running a business of prostitution.
House of Prostitution – Quick Facts
- You could be charged with violating PC 315 for just living in a brothel if you knew that the premises were used for this purpose.
- You do not have to participate in prostitution or profit from it to be charged for violating this law.
- A house of prostitution can be identified by "common repute,” which refers to the character of the house, the purpose of why it's kept, and the character of the women inhabiting or resorting to it.
- A house of prostitution is a place generally known in the community as a brothel, which is acceptable evidence in court.
What Must Be Proven for a Conviction?
To convict you of violating Penal Code 315 PC, a prosecutor must prove all the elements of the crime beyond a reasonable doubt, including the following:
- The place in question was being used for prostitution.
- You maintained the premises as a house of prostitution or
- You willfully resided in the house of prostitution.
- You knew the premises were being used for prostitution.
What Are the PC 315 Penalties?
If you are found guilty of violating PC 315 by keeping a house of prostitution, it's a misdemeanor with the following penalties:
- Up to six months in county jail and
- A fine of up to $1,000.
- A minimum of 45 days in jail for a second-time offense,
- A minimum of 90 days in jail for a third or subsequent offense.
Often, the judge will impose summary probation rather than jail time, including terms and conditions such as community service, participation in educational programs, and periodic check-ins with a probation officer.
What are Related Crimes?
Several California crimes are related to Penal Code 315, keeping or living in a house of prostitution, such as the following:
- Penal Code 316 PC leasing a house of prostitution. This law makes it a misdemeanor crime to keep any disorderly house, or any house for the purpose of assignation, or any house of the public resort by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner. It also prohibits anyone from letting any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution.
- Penal Code 309 PC admit a minor into a house of prostitution. This law makes it a misdemeanor for any proprietor, keeper, manager, conductor, or person having control of any house of prostitution or any home or room resorted to for the purpose of prostitution to admit or keep any minor of either sex within it. It's also illegal for any parent or guardian of a minor to admit, keep, sanction, or connive the minor's admission into any such house or room.
- Penal Code 266g PC prostituting wife. This law makes it a felony for any man by the use of force, intimidation, threats, persuasion, promises, or any other means, places or leaves or procures any other person to place or leave his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain there.
- Penal Code 267 PC abducting a minor for prostitution.
- Penal Code 273e sending a minor to a house of prostitution.
- Penal Code 11225 PC red light abatement law.
- Penal Code 266h and 266i PC pimping and pandering.
- Penal Code 236.1 PC human trafficking.
What are the Defenses?
If you're charged with violating PC 315, our California criminal defense attorneys can utilize several defense strategies to obtain the best possible outcome, including the following:
- Lack of knowledge,
- Lack of intent,
- Mistake of fact.
Perhaps we can argue that you were unaware that the premises were being used for prostitution, and you can't be held accountable.
Perhaps we can argue that you had no intent to keep or allow the premises to be used for prostitution. For example, maybe a property you rented out was being used as a brothel, and we can show that you took reasonable steps to prevent such acts of prostitution but were unsuccessful.
Perhaps we can argue that you genuinely believed the premises were used for legitimate purposes, which shows there was a misunderstanding rather than criminal intent.
Contact our law firm for a free case review and discuss legal options. Cron, Israels & Stark is based in Los Angeles, CA.
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