People v. Fixler

In People v. Fixler (1976) 56 Cal.App.3d 321, the court defined the term "prostitution" as that term is used in Penal Code section 266i, the pandering offense. Penal Code section 266i defines the crime of pandering to cover a number of situations, including the situation of a person "who: (a) procures another person for the purpose of prostitution; . . But Penal Code section 266i, like Penal Code section 266h, does not define the term "prostitution." The Fixler court held that it was construing the term "prostitution" to cover sexual acts such as masturbation, oral copulation and common lewdness for money. In so construing the term "prostitution" as used in Penal Code section 266i, the Fixler court relied upon dictionary definitions of "common lewdness of a woman for gain," the "act or practice of engaging in sexual intercourse for money" and the definition of "prostitution" found in Penal Code section 647, subdivision (b), as including "any lewd act between persons for money or other consideration." ( Id. at p. 325.) This subdivision of section 647 relates to the misdemeanor offense of "disorderly conduct." The Fixler court's interpretation of the term "prostitution" for purposes of Penal Code section 266i was followed in People v. Grow (1978) 84 Cal.App.3d 310 148 Cal.Rptr. 648, but only insofar as it adopted the definition given in Penal Code section 647, subdivision (b).