Supervising or Aiding Prostitution

How is lewd conduct and prostitution defined under PC 653.23?

Lewd conduct refers to acts between two or more people, for the purposes of sexual gratification, in public, that involves the touching of the genitals, private parts, or reproductive areas. Prostitution, on the other hand, refers to an agreement for lewd conduct between two or more people where money or anything of value is exchanged, in public.

What is the definition of supervising and aiding under PC 653.23?

Anyone who orchestrates the grand scheme of, or directs in the plans in furtherance of, or aids another to commit the act of prostitution, or seeks to help another encourage others, or procures customers to commit, and or participate in the act of prostitution. Or who orchestrates the grand scheme, directs in the plans in furtherance of, by collecting money or things of value or assisting another to do the same.

What facts must be determined to assess whether or not there is a violation of PC 653.23?

The following acts can be considered a violation of Penal Code 653.23 PC:

1. Overtly attempting to communicate with another who fixates in an area in order to commit prostitution;
2. Watching and securing the safety of a person fixating in an area for the specific intent for prostitution;
3. Assisting the person fixated in the area for the specific intent for prostitution by speaking to established or interested clients;
4. Id. Supra.3, the same but physically stopping others to help facilitate the same;
5. Using a car to steer, navigate or drawn interest from the public in an area of focus toward another who is engaging in the act of prostitution;
6. Receives money from others in furtherance of prostitution;
7. Id. Supra.6, interacts with more than one person who is in the process of completing the same;
8. Within a 5-year period prior to an arrest under this Statute, was arrested and convicted for encouraging the act of prostitution; the act of loitering for prostitution; or any lewd act;
9. Within a 6-month period prior to an arrest under this Statute, was arrested and convicted for any of the acts previously listed (1-8).

Sentencing Penal Code 653.23 PC 

What are the penalties for a violation of Penal Code 653.23 PC?

A conviction for a violation of Penal Code 653.23 PC is a misdemeanor. The penalties include up to 6 months in jail, and fines not exceeding $1000 dollars.

SENATE BILL 357 has repealed and decriminalized Penal Code 653.23 PC. Any convictions resulting from the Penal Code 653.23 should be vacated upon either by direct appeal during the imposition of the sentencing, writ before sentencing, a motion to quash at pretrial or expungement after punishment received to remove from the record.

What are examples for the penalties for a violation of Penal Code 653.23 PC?

• Jenna’s brother, James, tells her to walk with him to the nearby bar for a drink. She observes him speaking to several women. She walks over and overhears one of them state, “If you were any cuter, I would pay you for a good time”. While Jenna is discussing prices, to the amusement of the inquiring female and her brother, the bartender called the police as this is the second time Jenna and James did this. Jenna and James are arrested against the protest of the woman.

Defending Penal Code 653.23 PC 

What are examples of defenses against a charge for Penal Code 653.23 PC?

1. Penal Code 1385 PC- Senate Bill 357 SB.
2. Mistake in Law- Location: the area of the arrest was not public or open to the public, there was an expectation of privacy.