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SERIES 1100 SEX OFFENSES

F 1154 Prostitution: Soliciting Another (PC 647(b))

TABLE OF CONTENTS
F 1154.1 Titles And Identification Of Parties
F 1154.1 Inst 1 Prostitution: Soliciting Another—Title
F 1154.1 Inst 2 Identification Of Prosecution And Defendant

F 1154.2 Prostitution: Soliciting Another—Tailoring To Facts: Persons, Places, Things And Theories
F 1154.2 Inst 1 Tailoring To Facts

F 1154.3 Prostitution: Soliciting Another—Language That Is Argumentative, Confusing, Etc. [Reserved]

F 1154.4 Prostitution: Soliciting Another—Burden Of Proof Issues
F 1154.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 1154.5 Prostitution: Soliciting Another—Elements And Definitions
F 1154.5 Inst 1 “Lewd”—Implied Moral Depravity
F 1154.5 Inst 2 Commit vs. Engage

F 1154.6 Prostitution: Soliciting Another—Defense Theories [Reserved]

F 1154.7 Prostitution: Soliciting Another—Preliminary Fact Issues [Reserved]

F 1154.8 Prostitution: Soliciting Another—Unanimity/Duplicity/Multiplicity [Reserved]

F 1154.9 Prostitution: Soliciting Another—Lesser Offense Issues [Reserved]

F 1154 Notes
F 1154 Note 1 Prostitution: Soliciting Another—CALCRIM Cross-References And Research Notes
F 1154 Note 2 Sex Crimes: Entrapment

Return to Series 1100 Table of Contents.


F 1154.1 Titles And Identification Of Parties

F 1154.1 Inst 1 Prostitution: Soliciting Another—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 1154.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 1154.2 Prostitution: Soliciting Another—Tailoring To Facts: Persons, Places, Things And Theories

F 1154.2 Inst 1 Tailoring To Facts

*Modify CC 1154, Elements, as follows [added language is underlined; deleted language is stricken]:

1. The defendant requested [or ___________<insert other synonyms for “solicit,” as appropriate>] that another person _______________ <name of person allegedly solicited> engage in an act of prostitution;

[AND]

2. The defendant intended to engage in an act of prostitution with the other person _______________ <name of person allegedly solicited>(;/.)

<Give element 3 when instructing that person solicited must receive message; see Bench Notes.>

[AND

3. The other person _______________ <name of person allegedly solicited> received the communication containing the request.]

Points and Authorities

See FORECITE F 400.2 Inst 1.


F 1154.3 Prostitution: Soliciting Another—Language That Is Argumentative, Confusing, Etc. [Reserved]


F 1154.4 Prostitution: Soliciting Another—Burden Of Proof Issues

F 1154.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 1154.5 Prostitution: Soliciting Another—Elements And Definitions

F 1154.5 Inst 1 “Lewd”—Implied Moral Depravity

*Modify CC 1154, 3 as follows [added language is underlined; deleted language is stricken]:

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd sexual act with someone else in exchange for money [or other compensation]. A lewd sexual 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.

Points and Authorities

See FORECITE F 1150.5 Inst 1.


F 1154.5 Inst 2 Commit vs. Engage

*Modify CC 1154, Element 1 & 2, as follows [added language is underlined; deleted language is stricken]:

1. The defendant requested [or __________ <insert other synonyms for “solicit,” as appropriate>] that another person engage in commit an act of prostitution;

[AND]

2. The defendant intended to engage in commit an act of prostitution with the other person(;/.)

Points and Authorities

See FORECITE F 1120.5 Inst 1.


F 1154.6 Prostitution: Soliciting Another—Defense Theories[Reserved]


F 1154.7 Prostitution: Soliciting Another—Preliminary Fact Issues[Reserved]


F 1154.8 Prostitution: Soliciting Another—Unanimity/Duplicity/Multiplicity [Reserved]


F 1154.9 Prostitution: Soliciting Another—Lesser Offense Issues[Reserved]


F 1154 NOTES

F 1154 Note 1 Prostitution: Soliciting Another—CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

See FORECITE F 1150 Notes

See FORECITE F 1151 Notes

See FORECITE F 1152 Notes

See FORECITE F 1153 Notes

CALCRIM 1150 [Pimping]
CALCRIM 1151 [Pandering]
CALCRIM 1152 [Child Procurement]
CALCRIM 1153 [Prostitution: Engaging in Act]
CALCRIM 1155 [Prostitution: Agreeing to Engage in Act]
CALCRIM 1156 [Loitering: For Prostitution]

Research Notes:

See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.


F 1154 Note 2 Sex Crimes: Entrapment

See FORECITE F 1000 Note 5.

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