CALCRIM No. 1153. Prostitution: Engaging in Act (Pen. Code, § 647(b))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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1153.Prostitution: Engaging in Act (Pen. Code, § 647(b))
The defendant is charged [in Count ] with engaging in an act of
prostitution [in violation of Penal Code section 647(b)].
To prove that the defendant is guilty of this crime, the People must
prove that the defendant willfully engaged in sexual intercourse or a
lewd act with someone else in exchange for money [or other
compensation].
Alewd 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.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with one or more prior convictions, give CALCRIM No.
3100, Prior Conviction: Nonbifurcated Trial, unless the defendant has stipulated to
the conviction. If the court has granted a bifurcated trial on the prior conviction, use
CALCRIM No. 3101, Prior Conviction: Bifurcated Trial.
AUTHORITY
• Elements. Pen. Code, § 647(b).
• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Prostitution Defined. Pen. Code, § 647(b); People v. Hill (1980) 103
Cal.App.3d 525, 534-535 [163 Cal.Rptr. 99]; Wooten v. Superior Court (2001)
93 Cal.App.4th 422, 431-433 [113 Cal.Rptr.2d 195] [lewd act requires touching
between prostitute and customer].
• Lewd Conduct Defined. Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256
[158 Cal.Rptr. 330, 599 P.2d 636].
RELATED ISSUES
Payment Does Not Need to Be Made Directly to Person Doing Act
“[W]e know of no statutory or case law requiring that payment be made to the
person actually providing sexual favors.” (People v. Bell (1988) 201 Cal.App.3d
1396, 1400 [248 Cal.Rptr. 57].)
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SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 76-78, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.11[1] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
CALCRIM No. 1153 SEX OFFENSES
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