Leffel

This case presents a question of first impression: Does Penal Code section 647, subdivision (b), which defines “disorderly conduct” as including “[e]very person . . . [w]ho solicits . . . any act of prostitution,” apply to a “customer” of a prostitute, or is the statute limited in its application to solicitation by the prostitute?

Statement of the Case

Appellant was arrested and charged with disorderly conduct in violation of Penal Code section 647, subdivision (b). At the arraignment he demurred to the complaint on the grounds, among others, that the facts alleged failed to state a public offense and that the court had no jurisdiction because the complaint violated his right to due process. Appellant also moved to dismiss the charge.

At the hearing on the demurrer, it was agreed between appellant and the district attorney that appellant was not a prostitute and had not engaged in an act of prostitution.

The municipal court overruled the demurrer and denied the motion to dismiss.

Appellant then filed a petition for writ of prohibition in the Fresno County Superior Court asking that court to restrain the municipal court from taking any further action in the case other…