Van Nuys Prostitution Attorney, Penal Code 647b, Pasadena prostitution attorney, Act in Furtherance of Prostitution in Los Angeles, California

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California Prostitution Charge - Penal Code §647(b)

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.

(l) In any accusatory pleading charging a violation of subdivision (b), if the defendant has
been once previously convicted of a violation of that subdivision, the previous conviction
shall be charged in the accusatory pleading. If the previous conviction is found to be true
by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the
defendant, the defendant shall be imprisoned in a county jail for a period of not less than
45 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 45 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 45 days. In no event does the court 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.

In any accusatory pleading charging a violation of subdivision (b), if the defendant has
been previously convicted two or more times of a violation of that subdivision, each of
these previous convictions shall be charged in the accusatory pleading. If two or more of
these previous convictions are found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in
a county jail for a period 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 no
event does the court have the power to absolve a person who violates this subdivision
from the obligation of spending at least 90 days in confinement in a county jail.

In addition to any punishment prescribed by this section, a court may suspend, for not
more than 30 days, the privilege of the person to operate a motor vehicle pursuant to
Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was
committed within 1,000 feet of a private residence and with the use of a vehicle. 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.

CHARGES FOR ENGAGING IN AN ACT OF PROSTITUTION
When the defendant is charged with engaging in an act of prostitution, 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.

When a prostitute and a customer engage in sexual intercourse or lewd acts, both of them
can be charged for engaging in an act of prostitution. 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.

CHARGES FOR SOLICITING ANOTHER PERSON TO ENGAGE IN PROSTITUTION
When the defendant is charged with soliciting another person to engage in an act of
prostitution, the People must prove that:
1. The defendant requested that another person engage in an act of prostitution;
2. The defendant intended to engage in an act of prostitution with the other person; and
3. The other person received the communication containing the request.

Loitering: For Prostitution, Penal Code §653.22(a)

When the defendant is charged with loitering with the intent to commit prostitution,
the People must prove that:
1. The defendant delayed or lingered in a public place;
2. When the defendant did so, they did not have a lawful purpose for being there; and
3. When the defendant did so, they intended to commit prostitution.

As used here, a public place is an area 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,
the jury may consider whether the Defendant:

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 their arrest in this case.

Has been convicted of this crime or of any other crime relating to or involving
prostitution within five years of their arrest in this case.