Legal Question in Technology Law in California

Prostitution is defined as the exchange of "lewd acts" for money or for something else of value. "Lewd acts" means actual sex acts performed in person. By definition, cybersex does not involve sexual acts performed in person. There is thus no need for a statute to distinguish between the two.

I pretty much agree with Mr. Hoffman. Prostitution is defined as a form of disorderly conduct, Penal Code section 647, and though the definition is a bit broader than an exchange of lewd acts, it is not broad enough to include the purchaser or viewer of cybersex, irrespective of the anti-prostitution laws of the state where the acts are filmed, or those of the state where the acts are viewed. It is possible that one or more of the "actors" in the webcam presentation may be committing prostitution under the laws of the jurisdiction where the action takes place.