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Name: Wooten v. Superior Court
Case #: E028089
District 4 DCA
Division: 2
Opinion Date: 10/30/2001
Subsequent History: Rev. denied 1/29/02.

Under Penal Code section 647, subdivision (b), prostitution requires a lewd act between persons for money or other consideration. However, prostitution requires sexual contact between the prostitute and the customer. Thus, where an undercover officer paid to watch sexual acts between two dancers, there was no lewd act for purposes of prostitution. According, defendants could not be guilty of pimping or pandering, which in turn requires prostitution. (2-1)