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31 Los Angeles Municipal Code 41.70 — Nuisance vehicles – Prostitution. This code sets forth the requirements and procedures for seizing and forfeiting a car used in the commission of a prostitution offense.
32 California Penal Code 290.006 PC is part of what’s known as the “Sex Offender Registration Act.” It states that. “Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290 [such as prostitution or solicitation under Penal Code 647b PC], shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.”
34 California Penal Code 290.018 PC – Penalties for [failure to register as a sex offender]. (“(a) Any person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. (b) Except as provided in subdivisions (f), (h), and (j), any person who is required to register under the act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the act and who subsequently and willfully violates any requirement of the act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (c) If probation is granted or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the person serve at least 90 days in a county jail. The penalty described in subdivision (b) or this subdivision shall apply whether or not the person has been released on parole or has been discharged from parole.”)
35 California Penal Code 415 PC — Fighting; noise; offensive words [offense reduction from prostitution]. (“Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.”)
36 California Penal Code 602 PC defines a variety of ways that an individual commits criminal trespass [offense reduction from prostitution]. Simply put, Penal Code 602 PC trespass prohibits entering another person’s property without permission to do so. See California Penal Code 602 PC – Trespasses constituting misdemeanors; enumeration. (“Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: . . . “)
37 See People v. West, (1956) 139 Cal.App.2d Supp. 923, 924. (“Entrapment is the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Persuasion or allurement must be used to entrap.”)
38 Prostitution in the United States. (“In the 19th century, parlor house brothels catered to upper class clientele, while bawdy houses catered to the lower class. At concert saloons, men could eat, listen to music, watch a fight, or pay women for sex. Over 200 brothels existed in lower Manhattan. Prostitution was illegal under the vagrancy laws, but was not well-enforced by police and city officials, who were bribed by brothel owners and madams. Attempts of regulate prostitution were struck down on grounds that it is again the public good. Seventy-five percent of New York men had some type of sexually transmitted disease.”) Taken from “XY factor, Prostitution: Sex in the City (History Channel).
40 California Penal Code 647 PC [Prostitution] Historical and Statutory Notes: (“As added in 1961, the section read: “Every person who commits any of the following acts shall be guilty of disorderly conduct, a misdemeanor: “(b) Who solicits or who engages in any act of prostitution.”)
41 See same. (“The 1986 amendment by Stats.1986, c. 1276, rewrote subd. (b) [of California Penal Code 647 regarding prostitution / solicitation]. “)
42 Kim v. Superior Court (2006) 136 Cal.App.4th 937, 941. (“The provision expanding section 647(b) to permit conviction for an agreement to engage in an act of prostitution was added by the Statutes of 1986, chapter 1276, section 1, pages 4457-4459 (Sen. Bill No. 2169). Senator David Roberti sponsored the bill on behalf of the City of Los Angeles. (Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, p. 1.) At the time of the bill’s introduction, unlike 24 other states with prohibitions against agreements to engage in lewd acts for money, California law barred only prostitution and its solicitation. ( Ibid .) According to the proponent, “most prostitutes kn[e]w that if they wait[ed] until a customer mention[ed] money or sex, and then simply approve[d] the conditions, they [could not] be found guilty of soliciting prostitution. Consequently, street-wise prostitutes rarely ‘solicit [ed]’ prostitution, and undercover officers posing as customers often [were] unable to make arrests for prostitution.” ( Ibid .) The legislation was, therefore, “intended to give police another enforcement tool” on “prostitution laws that [were] difficult to enforce.” ( Ibid .)”)
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