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Wednesday, June 5, 2013

Such as loitering to solicit for prostitution loiterers have no Community work provision in California as some call "Cop Shop" or "Half way House" or "Programmer"

How the crime of Prostitution under California law differs from Nevada
The crime of prostitution under California law is similar to Nevada's
in that they're both punished as misdemeanors. However, California's
definition of solicitationand how its sentences are handed down are
more complex:
California definition of solicitation
Nevada solicitation is a general intent crime, which means courts may
convict suspects of solicitationas long as the state proves that they
offered or agreed to exchange money for sex. It does not matter
whether they intended to go through with the transaction or not!
In contrast, solicitation in California is a specific intent crime .
So in order to be convicted of solicitation, the district attorney
must prove that the suspect actually intended to go through withthe
sexual act.
And whereas Nevada considers the acts of offering to engage in
prostitution and agreeing to engage in prostitution as one in the
same, California separates them out into distinct crimes:
In order for a suspect to be convicted of "agreeing to engage
inprostitution" in California, the prosecutor must show that the
suspect performed some "act in furtherance" of the prostitution, such
as paying money.
California penalties for prostitution
Similar to Nevada, prostitution offenses are misdemeanors in
California . But unlike Nevada, prostitution in California is a
prioriable crime-this means that penalties increase with each
successive offense.
A first-time conviction of prostitution in California carries typical
misdemeanor penalties of upto 6 months in jail and/or up to a$1,000
fine. But a second offense brings forty-five (45) days in jail, and a
third offense may bringa minimum of ninety (90) days. 45
And if the solicitation allegedly occurred in the suspect's car and
within 1,000 feet of a residence, the California court may suspend the
suspect's license for up to a month or give him/her a restricted
license for 6 months. In LA, the vehicle may even be seized!

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