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Former Senior LA Prosecutor. Harvard Law School Educated. Definition and Elements of the Crime Under California law it is illegal to run a motel, hotel, massage parlor or just about any other business that allows for prostitutes to engage in the sale of sexual services. To prove that a defendant is guilty of keeping a house of prostitution, a prosecutor must be able to establish the following required elements:. Examples of Keeping a House of Prostitution An owner of a motel allows known prostitutes to rent rooms at a discounted rate so they can engage in the sale of sexual services.
The motel owner who is not promoting the prostitutes sexual services but is only concerned about maximum occupancy is well aware that these prostitutes are engaging in sexual services based on the numerous companions they take to their rooms. In this example the motel owner can be charged and convicted of keeping a house of prostitution because he is maintaining a motel where prostitution occurs and is even giving a discounted rate to the prostitutes to ensure maximum occupancy.
Additionally, based on the numerous companions that are seen entering the rooms with the prostitutes he is aware that the building is being used to conduct prostitution. In another example, an owner of a spa employs numerous massage therapists to perform legitimate massage services to clients. However, unknown to the spa owner some of these massage therapists are engaging in the sale of sexual services in the massage rooms.
In this example it is unlikely that the spa owner will be convicted of keeping a house of prostitution because he does not have the requisite knowledge that the spa is being used for prostitution.
Defenses to Keeping a House of Prostitution One of the common defenses against keeping a house of prostitution is entrapment. Entrapment occurs when a person who would normally be law-abiding is persuaded into doing something illegal after repeated requests by law enforcement.