Loitering: For Prostitution (Pen. Code, § 653.22(a)) The defendant is charged with loitering with the intent to commit prostitution in violation of Penal Code section 653.22(a). To prove that the defendant is guilty of this crime, the Prosecutor must prove that:
1. The defendant delayed or lingered in a public place;
2. When the defendant did so, (he/she) did not have a lawful purpose for being there; AND
3. When the defendant did so, (he/she) intended to commit prostitution.
As used here, a public place
is any area open to the public. A person intends to commit prostitution
if he or she intends to engage in sexual conduct with someone else in exchange for money or other compensation. Sexual conduct
means sexual intercourse or 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. Prostitution
does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public. The intent to commit prostitution may be shown by a person acting in a manner and under circumstances that openly demonstrate the intent to induce, entice, or solicit prostitution or
to procure someone else to commit prostitution. In deciding whether the defendant acted with intent to commit prostitution, you may consider whether (he/she):
Repeatedly beckoned to, stopped, engaged in conversations with, or attempted to stop or engage in conversations with passersby in a way that indicated the solicitation of prostitution - Repeatedly stopped or attempted to stop vehicles by hailing, waving, or gesturing, or engaged or attempted to engage drivers or passengers in conversation, in a way that indicated the solicitation of prostitution. Circled an area in a vehicle and repeatedly beckoned to, contacted, or attempted to contact or stop pedestrians or other motorists in a way that indicated the solicitation of Prostitution. Has engaged in any behavior indicative of prostitution activity within the six months before (his/her) arrest in this case. Has been convicted of this crime or of any other crime relating to or involving prostitution within five years of (his/her) arrest in this case.
You should also consider whether any of these activities occurred in an area known for prostitution. This list of factors is not intended to be a complete list of all the factors you may consider on the question of intent. The factors are provided only as examples to assist you in deciding whether the defendant acted with the intent to commit prostitution. Consider all the evidence presented in this case for whatever bearing you conclude it has on the question of the defendant’s intent. Give the evidence whatever weight you decide that it deserves.