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Article #229: Prostitution

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Prostitution the same offense:
Prostitution is illegal in California.  Convicted once before:
Prostitution means to engage in sexual incarceration in the county jail for a
conduct for money or other consideration. minimum of 45 days. In all cases in which
A conviction for prostitution is a probation is granted, the court shall
misdemeanor, resulting in a conviction require as a condition thereof that the
for disorderly conduct. California Penal person be confined in a county jail for
Code Section 647 (b) states in part: at least 45 days. The court does not
"A person agrees to engage in an act of have the power to absolve a person who
prostitution when, with specific intent violates this subdivision from the
to so engage, he or she manifests an obligation of spending at least 45 days
acceptance of an offer or solicitation to in confinement in a county jail.
so engage, regardless of whether the  Convicted two or more times:
offer or solicitation was made by a incarceration in a county jail for a
person who also possessed the specific minimum of not less than 90 days and
intent to engage in prostitution. No shall not be eligible for release upon
agreement to engage in an act of completion of sentence, on probation, on
prostitution shall constitute a violation parole, on work furlough or work release,
of this subdivision unless some act, in or on any other basis until he or she has
addition to the agreement, is done within served a period of not less than 90 days
this state in furtherance of the in a county jail. In all cases in which
commission of an act of prostitution by probation is granted, the court shall
the person agreeing to engage in that require as a condition thereof that the
act. As used in this subdivision, person be confined in a county jail for
"prostitution" includes any lewd act at least 90 days.
between persons for money or other  In addition to the punishment
consideration." described above, a court may suspend a
The following actions may give rise to a person's driving privileges for a maximum
charge of prostitution: of 30 days, if the prostitution was
 Any act committed with the committed within 1,000 feet of a private
intent to sexually arouse or gratify, residence and with the use of a vehicle.
involving the touching by any part of one  If intravenous drugs are
person's body against buttocks, genitals, involved, the judge may impose an
or the female breast. additional fine of $70.
 Loitering in or about any toilet  In lieu of the suspension, the
open to the public for the purpose of court may order a person's privilege to
engaging in or soliciting any lewd or operate a motor vehicle restricted, for
lascivious or any unlawful act not more than six months, to necessary
 Loitering or wandering upon the travel to and from the person's place of
streets or from place to place without employment or education. If driving a
apparent reason or business and refusing motor vehicle is necessary to perform the
to identify or account for his or her duties of the person's employment, the
presence when requested by any peace court may also allow the person to drive
officer so to do. Having to identify in that person's scope of employment.
oneself occurs if the surrounding  If an arrestee for prostitution
circumstances would indicate to a has been informed that they have tested
reasonable person that the public safety positive for the AIDS virus, and they are
demands this identification. arrested again for prostitution, then
The punishment for prostitution increases they will be charged with a felony.
if there have been prior convictions for






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