Prostitution by Darren Kavinoky
Prostitution
Prostitution is illegal in California. Prostitution means to engage in sexual
conduct for money or other consideration. A conviction for prostitution is a
misdemeanor, resulting in a conviction for disorderly conduct. California Penal
Code Section 647 (b) states in part:
"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."
The following actions may give rise to a charge of prostitution:
Any act committed with the intent to sexually arouse or gratify, involving the
touching by any part of one person's body against buttocks, genitals, or the
female breast. Loitering in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any unlawful act
Loitering or wandering upon the streets or from place to place without
apparent reason or business and refusing to identify or account for his or her
presence when requested by any peace officer so to do. Having to identify
oneself occurs if the surrounding circumstances would indicate to a reasonable
person that the public safety demands this identification.
The punishment for prostitution increases if there have been prior convictions
for the same offense:
Convicted once before: incarceration in the county jail for a minimum of 45
days. In all cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for at least 45
days. The court does not have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in confinement in a
county jail. Convicted two or more times: incarceration in a county jail for a
minimum of not less than 90 days and shall not be eligible for release upon
completion of sentence, on probation, on parole, on work furlough or work
release, or on any other basis until he or she has served a period of not less
than 90 days in a county jail. In all cases in which probation is granted, the
court shall require as a condition thereof that the person be confined in a
county jail for at least 90 days. In addition to the punishment described
above, a court may suspend a person's driving privileges for a maximum of 30
days, if the prostitution was committed within 1,000 feet of a private residence
and with the use of a vehicle. If intravenous drugs are involved, the judge
may impose an additional fine of $70. In lieu of the suspension, the court may
order a person's privilege to operate a motor vehicle restricted, for not more
than six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the person to drive
in that person's scope of employment. If an arrestee for prostitution has been
informed that they have tested positive for the AIDS virus, and they are
arrested again for prostitution, then they will be charged with a felony.
About the Author: none
Source: This article is taken from
www.goarticles.com
|