Can anyone give an exposition of the new impacts on hobbyists who are caught and arrested.  Would a convicted misdemeanor on soliciting or enjoying a prostitute under the new sex offender law enacted in November cause a person to register as a sex offendor, and not be able to live within  1,000 ft. of a school?                                                                                                                                                               In fact, what is the general predicament one would be subjected to if you were arrested coming out of a provider's hotel or condo?  What could you be charged with and what would be the drill that the provider and the hobbyist be subjected too?

I'm going to assume you're referring to the voter-passed Prop 83, "Jessica's Law". Solicitation of prostitution and prostitution are misdemeanors under California Penal Code 647(b). California Penal Code 290 defines the offenses that qualifies one as a sex offender.  Penal Code 647(b) is not included. If a "hobbyist" is considered a sex offender and required to stay 2,000 feet away from schools, it will be for something other than solicitation of prostitution.

Besides, Prop. 83 is being litigated and might possibly be found unconstitutional, with a temporary restraining order already issued, and I believe a preliminary injunction hearing last week. There are constitutional issues with Prop. 83 which may cause a judge to declare part of it or all of it unconstitutional.

-- Modified on 12/3/2006 6:23:52 PM

You seem to know something about law.  Please enlighten me what the drill is if one is arrested for the 647(b) offense.  ie. potential legal costs, "notariety".  In the OC, what are the likely consequences of a "worse-case" scenario.  (referring to my initial question of what happens if the hobbyist is apprehended leaving a hotel or condo after the blessed event?

Questions like that should really be asked to your own lawyer. I just know some things from reading the Penal Code. You can read the Penal Code online. Just check the Penal Code box and search for prostitution.

Penal Code section 19 states the maximum for a misdemeanor, if not stated in the relevant section, is six months in the county jail, fine of $1000, or both.

Penal Code 647(l) states that on the second conviction, the minimum sentence is 45 days. For the third conviction, the minimum sentence is 90 days. It also states that for any conviction of 647(b) that your driver's license can be suspended for 30 days, if you were within 1,000 feet of a private residence and used a vehicle in the offense.  

Penal Code 647f bumps a 647(b) conviction to a felony, if there was a previous a 647(b) conviction and the accused is HIV-positive, which means 16 months, 2 years, or 3 years in state prison.