What is the penalty and fines for prostitution in LA county for a first time offender?? How about if she is arrested for a second time?
Are there any web sites on the web with some info regarding this??
647. Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
. . .
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.
. . .
In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each such previous conviction shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
. . .
647.1. In addition to any fine assessed under Section 647, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a) or (b) of Section 647, . . . with the proceeds of this fine to be used in accordance with Section 1463.23.
The court shall, however, take into consideration the defendant's ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section.
-- Modified on 5/18/2003 5:00:53 AM
Thanks. It talks about the penalty for the repeat offenders but not people who are arrested for the first time
Can you imagine? Citing the Penal Code? Bloody amateur.
The answer is:
1st conviction = fine
2nd conviction = 45 days in the county jail; mandatory;
3rd conviction = 90 days same place and rules
p.s. amateur
It's only 647(b) that's at issue here
I'm not an attorney, and I wasn't answering his question completely. I figured others would chime in. I was only giving him one source of information. It is written right there that a second conviction carries a mandatory 45-day jail sentence, and a third conviction, 90 days in jail. He seemed to understand that, but wanted to know how much the fine would be. And, he asked for informational websites. I certainly did not mean to step on any professional toes. Yikes!
Since you try to ridicule me by calling me an amateur, I take it you are a attorney? If you are, then perhaps you could enlighten AlbertK about some of the possible options he or his friend might face, such as having the charges reduced, so as to avoid the possibility of mandatory jail time that a subsequent conviction for 647(b) could entail.
Professional Girlfriend
The options are few. Generally they include working with LE to snare a bigger fish, i.e., pimps or panderers or getting the DDA to reduce the charge to something less than or different from solicitation. There are no fancy moves or clever motions as someone suggested. If they've got you, they've got you. Aand they know it. This is not the OJ trial. It's so old hat to the DA and the judge: they've truly heard them all before. You need to give the DA and/or the judge some reason not to hold you to the rule.
It's not professional toes that bother me; it's amateur thinking. Realize that sex for money is criminal and that the consequences are first a fine and then jail. That's one reason providers make so much money per hour; risk v. reward. Usually they commit two other crimes as well: they pay no federal or state income tax on their money. If they are nabbed on either of those counts, the penalties are a lot heavier the 45 or 90 days in the county jail.
R
At the risk of escalating this, rodmewell, your initial response to Girlfriend was uncalled for. Clearly, all she was trying to do was help, and posting the PC647 quote is about the best an "amateur" like her (or myself) could have done. Discussion of that info she left to experts such as yourself.
I remember once asking an attorney a question along the lines of "isn't it true that...?" while talking with him on the phone with my provider friend who had just been busted. He ripped me a new asshole when I told him I wasn't a lawyer. I wasn't giving her legal advice contrary to his (or otherwise). I was just asking him a question. I got the distinct impression then that I had somehow stepped on his "professional toes." That is most definitely the same impression I got from your response to Girlfriend.
We all have our areas of expertise, and our areas of ignorance. Unfortunately, we are not always in our element at all times. I wonder how you would feel if your doctor, auto mechanic or computer salesperson reacted in a similar way to your less knowledgeable opinions. Condescension and superior airs do not generate respect.
Flame me if you want. I've said my bit.
