California Criminal Jury Instructions (CALCRIM) (2017)

1155. Prostitution: Agreeing to Engage in Act

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1155.Prostitution: Agreeing to Engage in Act (Pen. Code,
§ 647(b))
The defendant is charged [in Count ] with agreeing to engage 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:
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.
A person engages in an act of prostitution if he or she has sexual
intercourse or does a lewd act with someone else in exchange for money
[or other compensation]. 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.
[The conduct that furthers the commission of the act of prostitution
may happen before, after, or at the same time as the agreement to
engage in prostitution.]
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).
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)
907
0199
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].
• Specific Intent Required. Pen. Code, § 647(b).
• Act in Furtherance Required. Pen. Code, § 647(b).
• Act in Furtherance May Precede Agreement. In re Cheri T. (1999) 70
Cal.App.4th 1400, 1407–1408 [83 Cal.Rptr.2d 397]; contra, People v. Davis
(1988) 201 Cal.App.3d Supp. 1, 4–5 [247 Cal.Rptr. 359].
• Act in Furtherance May Consist of Words Alone. Kim v. Superior Court
(People) (2006) 136 Cal.App.4th 937, 945].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, §§ 61–63.
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. 1155 SEX OFFENSES
908
0200