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California Penal Code §§ 647(b)(1) – (3) – Soliciting Prostitution

California Penal Code §§ 647(b)(1) – (3) – Soliciting Prostitution

California Penal Code [CPC] §§647(b)(1)-(3)Soliciting Prostitution – Section 647(b) of the California Penal Code makes it illegal to solicit prostitution for compensation. It also makes it a crime to solicit or agree to engage in prostitution with anyone who's eighteen or older in exchange for compensation. Furthermore, Section 647(b) makes it illegal to solicit or agree to engage in prostitution with a minor in exchange for compensation.

Penal Code §§647(b)(1)-(3) is punishable by up to six months in a county jail and/or a fine of up to $1,000. However, soliciting involving a minor can result in a year in county jail and a fine of $10,000.

What Does California Penal Code §§647(b)(1) – (3) [Soliciting Prostitution] Prohibit?

In sum, to be guilty of Soliciting Prostitutionunder CPC §§647(b)(1)-(3), you must:

  • Request another person engage in prostitution; AND,
  • Intend to engage in prostitution; AND,
  • Make a request that the other person receives.

Defining “Soliciting Prostitution” Under California Penal Code §§647(b)(1)-(3)

To convict you under CPC §§647(b)(1)-(3),[1] the prosecutor must prove the following beyond a reasonable doubt:

  • REQUESTED, SOLICITED, OR AGREED: You requested, solicited, or agreed with another person to engage in an act of prostitution;[2] AND,
  • INTENT: You intended to engage in an act of prostitution with the other person;[3] AND,
  • RECEIVED THE COMMUNICATION: The other person received the communication containing the request, solicitation, or agreement.

Note: Accepting an offer or solicitation doesn't violation this law unless some act is actually done to commit prostitution by the person accepting the offer or solicitation.

Example: Defendant Dominica, an adult sex worker, is standing on a Western Avenue corner when Undercover Cop pulls up beside her at an intersection. Dominica shouts “I want a hundred dollars!” towards his car window. Undercover Cop arrests her for solicitation. Dominica insists that she can't be guilty on these facts. Nonetheless, she is facing charges under CPC §647(b)(1). Is Dominica guilty?

Conclusion: Dominica intentionally made a communication that was received by Undercover Cop. These would otherwise be elements of the crime, making Dominica guilty. But Dominica never specified what she would do in exchange for the hundred dollars. The law requires that the perpetrator of the crime request or solicit some form of prostitution. Dominica didn't do this. Therefore, Dominica is innocent.

Penalties For Soliciting Prostitution Under CPC §§647(b)(1) - (3)

If you're convicted of Soliciting Prostitution under §§647(b)(1) or (2), the penalty may:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[4]

A second conviction will result in a mandatory forty-five (45) days in a county jail. A third or subsequent conviction will result in ninety (90) days in jail.

However, if you're convicted under §647(b)(3) (solicitation involving a minor), the penalty may be:

  • At least two days, and up to one (1) year, in a county jail; OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[5]

As noted previously, Soliciting Prostitution under CPC §§647(b)(1) and (2) may be punished with a term of up to six (6) months in a county jail and/or a fine of up to $1,000 (one-thousand dollars).[6] Second convictions will result in a mandatory forty-five (45) day jail term. Third or subsequent convictions will result in ninety (90) days in county jail.

However, if you're convicted of solicitation involving a minor (§647(b)(3)), the first-time penalty involves a minimum of two (2) days in a county jail, with a maximum term of one (1) year, and/or a fine of up to $10,000 (ten-thousand dollars).[7]

Defenses Against California Penal Code §§647(b)(1) – (3) – Soliciting Prostitution

Three common defenses against a charge of Soliciting Prostitution under CPC §§647(b)(1)-(3) are:

You Were Falsely Accused

Example: Defendant Dale's ex fiancée, Vice Cop, decides to ruin his public reputation. Dale is a children's toy seller. Since she works undercover as a sex worker, Vice Cop reports Dale for soliciting her for sex and has him charged under CPC §§647(b)(2). But Dale hasn't spoken with Vice Cop in weeks, which infuriated her to the point where she made the accusation in the first place. Should Dale be convicted?    

Conclusion: Dale, as the facts make clear, did nothing consistent with the crime. He simply hasn't communicated with a former fiancée. This has caused her to lodge a false complaint against him. Thus, Dale should not be convicted. He was falsely accused of soliciting prostitution.

You Were The Victim Of Police Misconduct

Example: Defendant Donna, a sex worker, is approached by Undercover Officer on Figueroa Boulevard. To ensure that he isn't a police officer, Donna asks Undercover Officer to show his penis to her. He does so. Satisfied that he's not with the police, they discuss a sex act and compensation. But then Undercover Officer arrests and charges her under §§647(b)(1). Donna says she shouldn't be convicted. Is she guilty?

Conclusion: Donna only proceeded with Undercover Officer because his conduct – showing his genitals to her – was conduct that might otherwise cause a normally law-abiding person to commit the crime. Thus, Undercover Officer's conduct amounted to entrapment.[8] The charge should be dismissed. In any case, Donna should prevail in court. Donna is not guilty. She was the victim of police misconduct. 

There Is Insufficient Evidence Against You

Example: Defendant David is a sex worker on Santa Monica Boulevard. Vice Cop approaches David and gives him a small amount of cash. He gestures for David to follow him. But David walks away, pocketing the cash. He does not look back. Vice Cop has David arrested for soliciting and charges him under CPC  §647(b)(2). David insists that no one can prove he violated the law as charged. Is he innocent or guilty?

Conclusion: David, a sex worker, took money from a Vice Cop. But the facts do not state that there was a discussion of prostitution at the time. Vice Cop simply tried to get David to follow him. But discussion of an act of prostitution is an element of the charge. If even one element of a charge is lacking, the accused must be acquitted in any US court. Thus, David is innocent. There is insufficient evidence against him.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with PC §§647(b)(1)-(3) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Soliciting Prostitution:  Pimping (CPC §266h(a)), Pandering (CPC §266i(a)), Human Trafficking (CPC §236.1(a)), Supervising/Aiding a Prostitute (CPC §§653.23(a)(1),(2)), Loitering with the Intent to Commit Prostitution (CPC §653.22(a)(1)), Lewd Conduct in Public (CPC §647(a)), Indecent Exposure (CPC §314), Disturbing the Peace (CPC §415) and Trespassing (CPC §602(m)).

Pimping

The crime of Pimping (CPC §266h(a)) involves deriving support or maintenance from the earnings of a person's prostitution. It also applies to earning from money loaned, advanced to, or charged against that person by any keeper of a house where prostitution is practiced or allowed. The same law applies to one who receives compensation for soliciting for the prostitute. The crime is related to Soliciting Prostitution because pimps derive income from acts of prostitution, potentially allowing the prosecution to charge you with both crimes in the same trial.

If you're convicted of Pimping, the penalty may be:

  • A term of up to six (6) years in a state prison;[9] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[10]

California Jury Instructions – Pimping

To convict you under CPC §266h(a), the prosecution must prove the following beyond a reasonable doubt:

You knew that someone was a prostitute. The money or proceeds that person earned as a prostitute supported you, in whole or in part, or, money that was loaned to, advanced to, or charged against the prostitute by a person who kept, managed, or was a prostitute at a house or another place where the prostitution occurred supported you, or, you asked for or received payment for soliciting customers on behalf of a prostitute.

Example: Defendant Dom “watches out for” sex workers, protecting them from risky customers. He drives them from city to city. He even bails them out when they're in jail. Dom considers this a service for which he should charge a percentage of their earnings. He considers it a “partnership.” Nonetheless, he's facing a charge under §266h. Should Dom be convicted, considering the facts as he describes them?

Conclusion: Dom earns his support, at least in part, from sex workers whom he knows to be prostitutes. He takes a percentage of their earnings from sex work. These are the elements of the charge. That Dom has a euphemism for his relationship to the sex workers doesn't change what he does - or its illegality. Under California law, Dom is still a pimp. He should be convicted.

Pandering

Pandering (CPC §266i(a)) involves encouraging, procuring, or inducing another person to become a prostitute, or procuring another person to perform acts as a prostitute. The crime is related to Soliciting Prostitution because pandering often precedes acts of prostitution, potentially allowing the prosecution to charge you with both crimes in the same trial.

If you're convicted of Pandering, the penalty may be:  

  • A term of up to six (6) years in a state prison;[11] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[12]

California Jury Instructions – Pandering

To convict you under CPC §266i(a), the prosecution must prove the following beyond a reasonable doubt:

You successfully persuaded or procured someone to become a prostitute or you used promises, threats, or violence to cause a person to become a prostitute or you arranged or procured a position for someone to be a prostitute in either a house of prostitution or any other place where prostitution is encouraged or allowed or you used promises, threats, or violence to cause a person to remain a prostitute in a house of prostitution or any other place where prostitution is encouraged or allowed or you used fraud, trickery, or duress or abused a position of confidence or authority to persuade or procure someone to be a prostitute or enter any place where prostitution is encouraged or allowed or you received, gave, agreed to receive, or agreed to give money or something of value in exchange for persuading, attempting to persuade, procuring, or attempting to procure someone to be a prostitute. You also intended to influence the person to be a prostitute.

Example: Defendant Di allows sex workers from her LA neighborhood to use her house for their business. Di is concerned about the impact sex work has on the community. She believes prostitution should be kept behind closed doors. Di also takes no money from the activity in her house. Still, when police learn of the arrangement, she's arrested and charged under CPC §266i. Should Di be convicted?

Conclusion: Di did not procure prostitution. She did not influence anyone to become a prostitute; she opened her house to those who'd chose independently to become sex workers. She made nothing from them. Nor did she make promises to induce prostitutes to remain in her house, as would a madam running a brothel, and she used no fraud or artifice with sex workers. Di thus did not commit the crime.

Human Trafficking

Human Trafficking (CPC §236.1(a)) occurs whenever anyone deprives or violates the personal liberty of another person with the intent to obtain forced labor or services. This includes sexual exploitation of adults and minors. The crime is related to Soliciting Prostitution because trafficked persons are often forced into prostitution, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Human Trafficking, the penalty may be:

  • A term of up to twelve (12) years in a state prison; OR,
  • A fine of up to $500,000 (five-hundred-thousand dollars); OR,
  • Both a fine and imprisonment.[13]

California Jury Instructions – Human Trafficking

To convict you under CPC §236.1(a), the prosecution must prove the following beyond a reasonable doubt:

You either deprived another person of personal liberty or violated that other person's personal liberty. When you acted, you intended to obtain forced labor or services, or, you when the you acted, you intended to commit or maintain a felony crime.

Example: Defendant Darian is concerned that she will lose a huge bet on a softball game. Intent to ensure that she wins, she abducts Opposing Player and holds him in her house until after the game. Her team wins the game. Then she lets him go. He has Darian arrested and charged under CPC §236.1(a). Darian claims that she didn't make Opposing Player do anything, so she can't be guilty. Is she correct?

Conclusion: Darian deprived Opposing Player of his liberty by forcing him to remain in Darian's house. This is an element of the charge. But she didn't compel Opposing Player to provide labor or services of any kind. To this extent, Darian is correct. However, Darian intended on committing a felony (Kidnapping) at the time she abducted Opposing Player. This violates the law. Thus, Darian is incorrect.

Supervising/Aiding a Prostitute

Supervising/Aiding a Prostitute (CPC §§653.23(a)(1),(2)) involves directing, supervising, recruiting, or aiding another person to violate Section 647(b) or Section 653.22(a). The statute also makes it illegal to collect or receive proceeds from prostitution committed by another person in violation of CPC §647(b). The crime is related to Soliciting Prostitution because aiding in prostitution permits the prosecution to charge you with both crimes in the same trial.

If you're convicted of Supervising/Aiding a Prostitute, the penalty may be:

  • A term of six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[14]

California Jury Instructions – Supervising/Aiding a Prostitute

To convict you under CPC §§653.23(a)(1),(2), the prosecution must prove the following beyond a reasonable doubt:

You directed, supervised, recruited, or aided another person in violating Section 647(b) or Section 653.22(a) or you collected or received proceeds from prostitution committed by another person in violation of CPC §647(b).

Example: Defendant Dawn admits she took money from Prostitute and dropped it off with Pimp. Dawn is paid only to take money from one person to the other. However, she's now facing a charge under CPC §652.23(a)(2). Dawn does not believe that she can be guilty of the charge on these facts. Is she correct?

Conclusion: Dawn needn't direct, supervise, or recruit prostitutes in order to violate the Code Section. She knowingly collected proceeds from someone who was committing a violation of Section 647(b). She then took these proceeds from one person to another. This is sufficient for conviction. By collecting proceeds earned from sex work, Dawn aided in prostitution within the meaning of the statute.

Loitering with the Intent to Commit Prostitution

Loitering with the Intent to Commit Prostitution (CPC §653.22(a)(1)) is a crime involving loitering in any public place with the intent to commit prostitution, as evidenced by acting in a way that openly demonstrates the purpose of soliciting prostitution or procuring another to commit prostitution.

If you're convicted of Loitering with the Intent to Commit Prostitution, the penalty may be:

  • A term of six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[15]

California Jury Instructions – Loitering with the Intent to Commit Prostitution

To convict you under CPC §653.22(a)(1), the prosecution must prove the following beyond a reasonable doubt:

You delayed or lingered in a public place and did not have a lawful purpose for being there. Additionally, your acts communicated that you intended to commit prostitution.

Example: Defendant Donice is standing on a Western Avenue corner one night. She wears shorts and a mini-T-shirt, having just left a nightclub. Donice is jumping up and waving her arms as her Uber appears. This is when Vice Cop sees her. He concludes that she's trying to get his attention because she's loitering with the intent to commit prostitution. Donice has been charged under CPC §653.22(a)(1). Is she guilty?

Conclusion: Donice lingered in a public place. This, however, is the only present element of the crime. Even though she waved her arms, was dressed in way that got Vice Cop's attention, and stood in an area known for prostitution (three pieces of evidence which might be used to conclude that she was loitering illegally), she wasn't on the corner to commit prostitution. Donice was waiting for a ride. She is innocent. 

Lewd Conduct In Public

The crime of Lewd Conduct In Public (CPC §647(a)) occurs in California whenever a person touches him- or herself (or someone else) sexually in public. The touching must involve genitals, breasts, or buttocks. There must be someone who could be offended present and the defendant must know or suspect this. Soliciting Prostitution is related to Lewd Conduct In Public because acts of prostitution often occur in public settings, permitting the prosecution to charge you with both in the same trial.

If you're convicted of Lewd Conduct In Public, the penalty may be:

  • A term of up to six (6) months in the county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[16]

California Jury Instructions – Lewd Conduct In Public

To convict you under §647(a), the prosecution must prove the following beyond a reasonable doubt:

You willfully touched your, or another person's, genitals, buttocks, or (female) breast. You intended to sexually gratify yourself, or someone else, or to annoy or offend another. You were in a public place or a place open to public view at the time you did it and someone who might've been offended was present. Finally, you knew or should've known that another person who might've been offended was present.

Example: Defendant Dmitri has parked on a dark public street late one night with a sex worker. They're adjacent to an apartment building in an area known to be patrolled by police seeking prostitution arrests. Dmitri is touching the sex worker's breasts when Vice Cop drives past and sees. She charges him under §647(a). He insists he did everything he could to prevent someone from seeing them. Is he guilty?

Conclusion: Dmitri parked adjacent to a building where he knew people lived. Some of these people might've been offended by lewd conduct. Additionally, under circumstances in which police looking to prosecute sex crimes are patrolling a particular residential area, Dmitri should know that someone like Vice Cop might be present to be offended by his conduct. On these facts, Dmitri is guilty.

Indecent Exposure

In California, the crime of Indecent Exposure (CPC §314(1)) occurs when a person exposes his or her naked body or genitals in front of anyone who could be annoyed or offended by it. Indecent Exposure can happen in just about any environment. The exposure, however, must be willful and lewd. The crime is related to Soliciting Prostitution because prostitution often involves exposure to a person who could be offended by the act, permitting charges of both crimes in the same trial.

Section 314(1) permits the prosecutor to charge you with a Felony if you expose yourself inside a home or an “inhabited” building. This makes CPC §314(1) a “wobbler”[17] offense: the prosecution can charge you with a Felony or a Misdemeanor, depending on the facts. You will be charged with a Felony if you're convicted of violating CPC §314 more than once or if you're convicted of violating Section 314 after you've been convicted of Lewd Acts With A Minor, a violation of CPC §288.

If you're convicted of the Felony form of Indecent Exposure, the penalty may be:

  • A term of up to three (3) years in a state prison;[18] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine;[19] AND,
  • The duty to register as a Sex Offender.[20]

More information can be found in the Indecent Exposure section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. Guaranteed.

California Criminal Jury Instructions – Indecent Exposure

To convict you under CPC §314(1), the prosecutor must prove the following beyond a reasonable doubt:

You intended to expose your naked body or genitals near a person who might be offended or annoyed by it. You believed you would be seen, even if no one actually saw the exposure. Finally, you exposed yourself for your own sexual gratification, or someone else's, or to sexually offend someone else.

Example: Defendant Dallas is playing in a church softball game. At one point, Dallas slides into second base. He tears open his baseball pants and rips a hole in his undergarments, exposing his buttocks to the shocked crowd before he runs off the field. He swears he did not intend any offense. Nonetheless, Dallas is now facing a charge of violating §314(1). Is Dallas guilty, on these facts, or should he be acquitted?

Conclusion: Dallas exposed his naked buttocks to people who might've been offended by it (families at a church softball game). But he didn't do so intentionally; his pants ripped. Nor did he believe he'd be seen when he exposed himself, since he did so unwillingly. Dallas didn't even derive pleasure from the act or the sexual offense it generated. Only one element of the crime is present. He should be acquitted.

Disturbing The Peace

Disturbing The Peace (CPC §415) occurs in California whenever anyone unlawfully fights or challenges another person to fight in public, intentionally disturbs another person with unreasonable noise, or uses offensive words likely to provoke violence in public. The crime is related to Soliciting Prostitution because prostitution often involves disturbing noise, permitting charges of both crimes in the same trial.

If you're convicted of Disturbing The Peace, the penalty may be:

  • A term in the county jail of up to 90 (ninety) days; OR,
  • A fine of up to $400 (four hundred dollars); OR,
  • Both a fine and imprisonment.[21]

More information can be found in the Disturbing the Peace section of the Kann California Defense Group's website. If you or someone you care about has been charged with Lewd Conduct, contact us at any of our local offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. A lawyer will answer your call – and that is guaranteed.

California Criminal Jury Instructions – Disturbing The Peace

To convict you under CPC §415,[22] the prosecutor must prove the following beyond a reasonable doubt:

You unlawfully fought or challenged someone to fight and you and the other person were in a public place or building when the fight occurred or the challenge was made or you maliciously and willfully disturbed another person by causing loud and unreasonable noise and the other person was in a building or on the grounds of a school at the time or you used offensive words that were inherently likely to provoke an immediate violent reaction and when you used those words, you were in a public place, in a building, or on the grounds of a school.

Example: Defendant DeAndre is standing on a public street outside a bar when John propositions him for sex. They go into an alleyway adjacent to a low apartment building. Their loud sounds cause Victim Vinton, a resident, to call police. DeAndre is now facing, among other charges, a Disturbing the Peace allegation under CPC §415(2). Should he be convicted under these circumstances?

Conclusion: DeAndre acted willfully and maliciously (in the sense that he intentionally did a wrongful act). He disturbed someone who was inside a building at the time as well. He did so by making loud noise which would not be considered reasonable under the circumstances. These are the elements of the crime. DeAndre should be convicted of Disturbing the Peace.

Trespass

Trespass (CPC §602(m)) occurs when a building or property is entered without the owner's permission. It's usually punished as a Misdemeanor but it can be coupled with sex offenses to aggravate the sentence. The crime is related to Soliciting Prostitution because prostitution often involves illegal entry into areas or spaces, permitting charges of both crimes in the same trial.

If you're convicted of Trespass, the penalty may be:

  • A fine up to $2,000 (two-thousand dollars); OR,
  • A term in the county jail up to one (1) year; OR,
  • Both a fine and imprisonment.[23]

More information can be found in the Trespassing Laws section of the Kann California Defense Group's website. If you or someone you care about has been charged with Lewd Conduct, contact us at any of our local offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.

California Jury Instructions – Trespass

To convict you under CPC §602(m), the prosecutor must prove the following beyond a reasonable doubt:

You willfully entered land or a building belonging to someone else without the consent of the owner, the owner's agent, or the person who had lawful possession of the property. You also occupied the land or building continuously until you were removed.

Example: Defendant Dina is a sex worker who takes John into a wooded area to perform a sex act with her. But the wooded area is owned by Victim Victoria. Seeing them together, Victoria calls police. By the time they arrive, Dina and John are gone. Victoria directs police to Dina, who soon find her on a public street. They arrest Dina for violating CPC §602(k). Is Dina innocent on these facts, as she says she is?

Conclusion: Dina willfully entered land belonging to Victoria and did not have Victoria's consent to do so. This is most of the crime. However, the rest requires remaining continuously on the property until being removed from it. Neither Dina nor John was on Victoria's property by the time police arrived. If even one element of a charge is missing, the accused must be acquitted. Dina, it follows, is innocent.

What Can I Do If I'm Charged With Soliciting Prostitution?

The State of California treats Soliciting Prostitution as a serious offense. If you're charged with Soliciting Prostitution, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Soliciting Prostitution, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] See also California Criminal Jury Instructions 1153 (CALCRIM) (2020) and California Criminal Jury Instructions 1155 (CALCRIM) (2020). 

[2] “A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd 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.” See California Criminal Jury Instructions 1154 (CALCRIM) (2020).

[3] “Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.” See above.

[4] See California Penal Code [CPC] § [Section] 19.

[5] See CPC §647 (l) (1).

[6] See Endnote 4.

[7] See Endnote 5.

[8] See California Criminal Jury Instructions 3408 (CALCRIM) (2020).

[9] See CPC §266h (a).

[10] See CPC §672.

[11] See CPC §266i (a).

[12] See Endnote 10.

[13] See CPC §236.1 (a).

[14] See Endnote 4.

[15] See above.

[16] See Endnote 4.

[17] See “Wobbler Law and Legal Definition” at USLegal.com.  

[18] See CPC §18 (a).

[19] See Endnote 10.

[20] See CPC §290 (c).

[21] See CPC §415.

[22] See, as well, California Criminal Jury Instructions 2689 (CALCRIM) (2020) and California Criminal Jury Instructions 2690 (CALCRIM) (2020).  

[23] See CPC §602.

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