Prostitution

Prostitution is illegal in California under Penal Code section 647, subdivision (b).

Lawyers often refers to prostitutes as "b-girls".

Prostitution

"“[P]rostitution” includes any lewd act between persons for money or other consideration." (Pen. Code, § 647, subd. (b).)

Prostitution Defined. Pen. Code, § 647(b); People v. Hill (1980) 103 Cal.App.3d 525, 534–535 [163 Cal.Rptr. 99]; People v. Romo (1962) 200 Cal.App.2d 83, 90–91 [19 Cal.Rptr. 179]; Wooten v. Superior Court (2001) 93 Cal.App.4th 422, 431–433 [113 Cal.Rptr.2d 195] [lewd act requires touching between prostitute and customer]. • General Intent Crime. People v. McNulty (1988) 202 Cal.App.3d 624, 630–631 [249 Cal.Rptr. 22]. • Proof Person Is a Prostitute. People v. James (1969) 274 Cal.App.2d 608, 613 [79 Cal.Rptr. 182]. • Solicitation Defined. People v. Smith (1955) 44 Cal.2d 77, 78–80 [279 P.2d 33]. • Lewd Conduct Defined. Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256 [158 Cal.Rptr. 330, 599 P.2d 636].

Payment does not need to be made directly to person doing act. “[W]e know of no statutory or case law requiring that payment be made to the person actually providing sexual favors.” (People v. Bell (1988) 201 Cal.App.3d 1396, 1400 [248 Cal.Rptr. 57].)

Evidence Code § 1161 prohibits evidence of sex trafficking. However, it "applies only when there is a specific causal connection between the person’s status as a victim of human trafficking and the commission of the commercial sex act at issue." (In re Aarica S. (Feb. 21, 2014, No. B248010) ___Cal.App.4th___ <http://www.courts.ca.gov/opinions/documents/B248010.PDF>.)

Solicitation of prostitution

Solicitation Requires Specific Intent. People v. Norris (1978) 88 Cal.App.3d Supp. 32, 38 [152 Cal.Rptr. 134]; People v. Love (1980) 111 Cal.App.3d Supp. 1, 13 [168 Cal.Rptr. 591]; People v. Dell (1991) 232 Cal.App.3d 248, 264 [283 Cal.Rptr. 361]. • Solicitation Defined. People v. Superior Court (1977) 19 Cal.3d 338, 345–346 [138 Cal.Rptr. 66, 562 P.2d 1315]. • Person Solicited Must Receive Communication. People v. Saephanh (2000) 80 Cal.App.4th 451, 458–459 [94 Cal.Rptr.2d 910]. • Solicitation Applies to Either Prostitute or Customer. Leffel v. Municipal Court (1976) 54 Cal.App.3d 569, 575 [126 Cal.Rptr. 773].

Agreement to engage in prostitution

A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. (Pen. Code, § 647, subd. (b).)

Specific Intent Required. Pen. Code, § 647(b). • Act in Furtherance Required. Pen. Code, § 647(b). • Act in Furtherance May Precede Agreement. In re Cheri T. (1999) 70 Cal.App.4th 1400, 1407–1408 [83 Cal.Rptr.2d 397]; contra, People v. Davis (1988) 201 Cal.App.3d Supp. 1, 4–5 [247 Cal.Rptr. 359]. • Act in Furtherance May Consist of Words Alone. Kim v. Superior Court (People) (2006) 136 Cal.App.4th 937, 945]

Loitering for Prostitution

Public Place Defined. Pen. Code, § 653.20(b). • Loiter Defined. Pen. Code, § 653.20(b).

Punishment

PC647(b): Up to 6 months in jail. (PC19)

PC647(b) with one alleged prior: Mandatory minimum of 45 days, even with probation. Up to 6 months in jail. (PC647(k), PC19)

PC647(b) with two alleged priors: Mandatory minimum of 90 days, even with probation. Up to 6 months in jail. (PC647(k), PC19)

PC653.22

Statute

Penal Code section 647, subdivision (b)

Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.

Jury Instructions

CALCRIM 1153: Prostitution: Engaging in Act

The defendant is charged [in Count ] with engaging in an act of prostitution [in violation of Penal Code section 647(b)].

To prove that the defendant is guilty of this crime, the People must prove that the defendant willfully engaged in sexual intercourse or a lewd act with someone else in exchange for money [or other compensation].

A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification of either person.

Someone commits an act willfully when he or she does it willingly or on purpose.

CALCRIM 1154: Soliciting Another

The defendant is charged [in Count ] with soliciting another person to engage in an act of prostitution [in violation of Penal Code section 647(b)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant requested [or <insert other synonyms for “solicit,” as appropriate>] that another person engage in an

act of prostitution;

[AND]

2. The defendant intended to engage in an act of prostitution with the other person(;/.)

<Give element 3 when instructing that person solicited must receive message; see Bench Notes.>

[AND

3. The other person received the communication containing the request.]

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money [or other compensation]. A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.

CALCRIM 1155: Prostitution: Agreeing to Engage in Act

The defendant is charged [in Count ] with agreeing to engage in an act of prostitution [in violation of Penal Code section 647(b)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant agreed to engage in an act of prostitution with someone else;

2. The defendant intended to engage in an act of prostitution with that person;

AND

3. In addition to agreeing, the defendant did something to further the commission of an act of prostitution.

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money [or other compensation]. A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification.

[The conduct that furthers the commission of the act of prostitution may happen before, after, or at the same time as the agreement to engage in prostitution.]

CALCRIM 1156: Loitering: For Prostitution

The defendant is charged [in Count ] with loitering with the intent to commit prostitution [in violation of Penal Code section 653.22(a)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant delayed or lingered in a public place;

2. When the defendant did so, (he/she) did not have a lawful purpose for being there;

AND

3. When the defendant did so, (he/she) intended to commit prostitution.

As used here, a public place is (a/an/the) (area open to the public[(,/;)]/ [or] alley[(,/;)]/ [or] plaza [(,/;)]/ [or] park[(,/;)]/ [or] driveway[(,/;)]/ [or] parking lot[(,/;)]/ [or] automobile[(,/;)]/ [or] building open to the general public[, including one that serves food or drink or provides entertainment][(,/;)]/ [or] doorway or entrance to a building or dwelling[(,/;)]/ [or] grounds enclosing a building or dwelling).

A person intends to commit prostitution if he or she intends to engage in sexual conduct with someone else in exchange for money [or other compensation]. Sexual conduct means sexual intercourse or touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. [Prostitution does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public.]

The intent to commit prostitution may be shown by a person acting in a manner and under circumstances that openly demonstrate the intent to induce, entice, or solicit prostitution or to procure someone else to commit prostitution. In deciding whether the defendant acted with intent to commit prostitution, you may consider whether (he/she):

• [Repeatedly beckoned to, stopped, engaged in conversations with, or attempted to stop or engage in conversations with passersby in a way that indicated the solicitation of prostitution (./;)]

• [Repeatedly stopped or attempted to stop vehicles by hailing, waving, or gesturing, or engaged or attempted to engage drivers or passengers in conversation, in a way that indicated the solicitation of prostitution(./;)]

• [Circled an area in a vehicle and repeatedly beckoned to, contacted, or attempted to contact or stop pedestrians or other motorists in a way that indicated the solicitation of prostitution(./;)]

• [Has engaged in any behavior indicative of prostitution activity within the six months before (his/her) arrest in this case(./;)]

• [Has been convicted of this crime or of any other crime relating to or involving prostitution within five years of (his/her) arrest in

this case.]

You should also consider whether any of these activities occurred in an area known for prostitution.

This list of factors is not intended to be a complete list of all the factors you may consider on the question of intent. The factors are provided only as examples to assist you in deciding whether the defendant acted with the intent to commit prostitution. Consider all the evidence presented in this case for whatever bearing you conclude it has on the question of the defendant’s intent. Give the evidence whatever weight you decide that it deserves.