California Criminal Jury Instructions (CALCRIM) (2017)

1156. Loitering: For Prostitution

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1156.Loitering: For Prostitution (Pen. Code, § 653.22(a))
The defendant is charged [in Count ] with loitering with the
intent to commit prostitution [in violation of Penal Code section
653.22(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant delayed or lingered in a public place;
2. When the defendant did so, (he/she) did not have a lawful
purpose for being there;
AND
3. When the defendant did so, (he/she) intended to commit
prostitution.
As used here, a public place is (a/an/the) (area open to the public[(,/;)]/
[or] alley[(,/;)]/ [or] plaza [(,/;)]/ [or] park[(,/;)]/ [or] driveway[(,/;)]/ [or]
parking lot[(,/;)]/ [or] automobile[(,/;)]/ [or] building open to the general
public[, including one that serves food or drink or provides
entertainment][(,/;)]/ [or] doorway or entrance to a building or
dwelling[(,/;)]/ [or] grounds enclosing a building or dwelling).
A person intends to commit prostitution if he or she intends to engage in
sexual conduct with someone else in exchange for money [or other
compensation]. Sexual conduct means sexual intercourse or 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. [Prostitution does not include sexual conduct
engaged in as a part of any stage performance, play, or other
entertainment open to the public.]
The intent to commit prostitution may be shown by a person acting in a
manner and under circumstances that openly demonstrate the intent to
induce, entice, or solicit prostitution or to procure someone else to
commit prostitution. In deciding whether the defendant acted with
intent to commit prostitution, you may consider whether (he/she):
[Repeatedly beckoned to, stopped, engaged in conversations with,
or attempted to stop or engage in conversations with passersby
in a way that indicated the solicitation of prostitution (./;)]
[Repeatedly stopped or attempted to stop vehicles by hailing,
waving, or gesturing, or engaged or attempted to engage drivers
or passengers in conversation, in a way that indicated the
solicitation of prostitution(./;)]
909
0201
[Circled an area in a vehicle and repeatedly beckoned to,
contacted, or attempted to contact or stop pedestrians or other
motorists in a way that indicated the solicitation of prostitution(./
;)]
[Has engaged in any behavior indicative of prostitution activity
within the six months before (his/her) arrest in this case(./;)]
[Has been convicted of this crime or of any other crime relating
to or involving prostitution within five years of (his/her) arrest in
this case.]
You should also consider whether any of these activities occurred in an
area known for prostitution.
This list of factors is not intended to be a complete list of all the factors
you may consider on the question of intent. The factors are provided
only as examples to assist you in deciding whether the defendant acted
with the intent to commit prostitution. Consider all the evidence
presented in this case for whatever bearing you conclude it has on the
question of the defendant’s intent. Give the evidence whatever weight
you decide that it deserves.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Pen. Code, § 653.22(a).
Factors to Consider to Prove Intent. Pen. Code, § 653.22(a), (b) & (c).
• Prostitution Defined. Pen. Code, § 653.20(a); see also 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];
Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256 [158 Cal.Rptr. 330, 599
P.2d 636].
• Public Place Defined. Pen. Code, § 653.20(b).
• Loiter Defined. Pen. Code, § 653.20(b).
• Statute Constitutional. People v. Pulliam (1998) 62 Cal.App.4th 1430,
1434–1439 [73 Cal.Rptr.2d 371].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
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Peace and Welfare, § 54.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, §§ 144.11[1], 144.20 (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
1157–1159. Reserved for Future Use
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