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Reading Topic #213

jjj
Charter Member
2751 posts
20-Sep-02, 04:40 PM (PST)
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"FYI - California Law Code Finder"
 
   LAST EDITED ON 20-Sep-02 AT 05:06 PM (PST)
 
http://www.leginfo.ca.gov/calaw.html

California Penal Code 647(b) Solicitation of Prostitution

647. 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.

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 such previous conviction 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.

JJJ in East Bay

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massageman2020 massageman2020 rating
Member since 21-Dec-02
8552 posts, 61 feedbacks, 105 points
06-Nov-06, 07:31 AM (PST)
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1. "Defining *Lewd Act* as stated in 647(b)"
In response to message #0
 
Since the Penal Code never defines a "Lewd Act", I went on a fact finding mission.

I was able to find California v. Freeman, which quotes another precident, People v. Hill. While I have the link for Califoria v. Freeman, I never could figure out how to find a link to People v. Hill. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=488&invol=1311 C. v F. quoting P v H says:
Prostitution, in turn, is defined in 647(b) of the Penal Code as "any lewd act between persons for money or other consideration." Finally, " 'for a "lewd" or "dissolute" act to constitute "prostitution," the genitals, buttocks, or female breast, of either the prostitute or the customer must come in contact with some part of the body of the other for the purpose of sexual arousal or gratification of the customer or of the prostitute.' " 46 Cal.3d, at 424, 250 Cal.Rptr., at 600, 758 P.2d, at 1130 (emphasis in original), quoting People v. Hill, 103 Cal.App.3d 525, 534-535, 163 Cal.Rptr. 99, 105 (1980).

Cutting through the legalese, my layman's interpretation of a "Lewd Act" is:
Touching a woman's breast
Touching a pussy or a cock
Touching an ass

In this context, it's always for sexual gratification so that's a given.

LK & DFK are NOT lewd acts!


Girl-girl (or toy) shows are OK too, so long as the client is not touched. See http://www.criminalattorney.com/pages/firm_articles_solicitation.htm


The man with magic hands

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