PC 647(b)
Prostitution, engaging, soliciting, and agreeing to
Information on the crime of engaging in, soliciting, or agreeing to prostitution is found at California penal code section 647(b).
PC 647(b) Law (Abbr.)
PC 647(b) every person who commits the following act is guilty of disorderly conduct (prostitution), a misdemeanor:
PC 647(b)(1) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
PC 647(b)(2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
PC 647(b)(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
PC 647(b)(4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
PC 647(b)(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
Prostitution is defined as agreeing to, or solicitation of, a lewd act between two or more persons, for payment of money, or other compensation (other compensation can include drugs, jewelry, services, etc).
Lewd act is defined as intercourse, vaginal or anal, or oral copulation. A lewd act can also be a touching of 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 touching does not need to be skin to skin.
PC 647(b) may be charged against the prostitute or the person soliciting prostitution services (John).
Solicitation of Prostitution
To solicit a prostitute means to communicate, by words or conduct, an offer or a request, to another person to engage in prostitution. Enticing or encouraging another person to commit a prostitution can also be a solicitation under PC 647(b). The defendant need not make an express verbal offer of sex to constitute a solicitation for prostitution. It also does not matter that money or other compensation was actually exchanged in solicitation cases; it is the solicitation itself that is criminal.
For soliciting prostitution cases the defendant must specifically intend to commit prostitution; it does not matter if the prostitute actually agrees to engage in prostitution, or that any lewd act actually occurred, so long as the defendant intended to commit prostitution.
It is a defense to a charge of soliciting a prostitute to show that the person who was the intended recipient of the solicitation never actually received the communication or request for sexual services.
Agreeing to Commit Prostitution
It is illegal to agree to commit prostitution. To agree to commit prostitution the person who agrees must have been solicited.
To prove that the defendant is guilty of agreeing to commit prostitution charged under PC 647(b), the prosecutor will need to prove all of the following:
The defendant accepted an offer for sexual services in exchange for money or other benefit, and The defendant performed some act in furtherance of the commission of the crime, and The defendant specifically intended to agree to prostitution An act in furtherance of prostitution means that the defendant did something after agreeing to commit prostitution that helps interpret the meaning of the agreement. For example, driving to a location to meet a prostitute after agreeing to commit prostitution might be considered an act in furtherance of the crime.
It does not matter if the person offering the sexual services for hire actually intended to commit prostitution, only that the person who agreed to the offer actually intended to commit prostitution.
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PC 288(a) PC 288(b)(1) PC 288(c)(1) PC 288.5(A) PC 288.7(a) PC 288.7(b) PC 288(i) PC 261(a)(2) PC 261(a)(3) PC 261.5(c) PC 262(a)(1) PC 314(1) PC 314(2) PC 288a(b)(1) PC 288a(b)(2) PC 288a(c)(2)(A) PC 288a(i) PC 647.6(a)(1) PC 647.6(a)(2) PC 647.6(b) PC 311.11(a) PC 311.11(c)(1) PC 311.11(c)(2) PC 236.1(b) PC 236.1(c)(1) PC 236.1(c)(2) PC 647(b) PC 653.22(a) PC 315 PC 647(j)(4) PC 243.4(e)(1) PC 243.4(a) PC 243.4(d) PC 289(a)(1)(A) PC 289(h) PC 289(i) PC 289(e) PC 289(a)(2) PC 266h(a) PC 266h(b)(1) PC 266h(b)(2) PC 266i(a) PC 266i(b)(1) PC 266i(b)(2) PC 286(b)(1) PC 286(c)(1) PC 286(c)(2)(A) PC 286(i) PC 285 PC 220(a) PC 290.018 |
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