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Name: Kim v. Superior Court
Case #: B185850
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/14/2006
Summary

Words alone are sufficient to constitute an act in furtherance of an agreement to engage in prostitution under Penal Code section 647, subdivision (b). The defendant responded to an undercover officer’s query regarding sex for money with single-word answers in the affirmative, and then instructed him to take off his clothing. The appellate court found that the “verbal act” was sufficient under the circumstances to unequivocally move the parties toward completion of the agreed upon act of prostitution, and thus sustained the trial court’s denial of the defendant’s demurrer.