In what circumstances have courts found that section 647, subdivision (a) of the California Penal Code prohibits the solicitation of lewd or dissolute conduct in any public place or in any place open to public view?

California, United States of America


The following excerpt is from Kopp v. Fair Pol. Practices Com., 11 Cal.4th 607, 47 Cal.Rptr.2d 108, 905 P.2d 1248 (Cal. 1995):

Thereafter, in Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256-257, 158 Cal.Rptr. 330, 599 P.2d 636, we concluded that Penal Code section 647, subdivision (a) (disorderly conduct), was unconstitutionally vague. The statute made criminal one "[w]ho solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place [11 Cal.4th 644] open to the public or exposed to public view." (25 Cal.3d at pp. 243-244, 158 Cal.Rptr. 330, 599 P.2d 636, italics omitted.) In order to preserve the statute, we revised its scope, "arriv[ing] at the following construction of section 647, subdivision (a): The terms 'lewd' and 'dissolute' in this section are synonymous, and refer to conduct which involves the touching of the genitals, buttocks or female breast for the purpose of sexual arousal, gratification, annoyance or offense, if the actor knows or should know of the presence of persons who may be offended by his conduct. The statute prohibits such conduct only if it occurs in any public place or in any place open to the public or exposed to public view; it further prohibits the solicitation of such conduct to be performed in any public place or in any place open to the public or exposed to public view...." (25 Cal.3d at pp. 256-257, 158 Cal.Rptr. 330, 599 P.2d 636.)

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