Joseph Yancy, Jr. A criminal statute is not subject to a challenge for vagueness if men of ordinary intelligence are not required to speculate as to what conduct is prohibited. Any vagueness which would result from the ordinary understanding or the dictionary definition of a word in a criminal statute may be removed by a statutory definition of pprostitute word. Such statutory definition may be broader than the one the word syafford carries. RCW 9A.
It is immaterial to him what the source of the money may be.
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The legislature did not see fit to adopt the Model Penal Code provisions with respect to protsitute offense. The appellant further contends that the words "agreement or understanding," as used in RCW 9A.
In interpreting it, the Model Penal Code is irrelevant, its provisions being of a different nature. No provision of the statute imposing such a limitation upon its scope is cited.
The appellant's theory appears to be that the legislature must adhere strictly to dictionary definitions. In none of the situations hypothesized by the appellant is there an agreement or understanding WHEREBY the person is to participate in the proceeds of prostitution activity. There is nothing in the language of the statute, which we can discern, that limits its application to large commercial enterprises; and the tsafford cites no legislative history which would substantiate his claim with respect to its intent.
It contains no express requirement of proof that the defendant knew he was promoting prostitution. While it is true that the appellant did not derive great profits from the activities of these girls, stafforc testimony given at the trial was sufficient to support a jury finding that he invited them to live in his hotel room with the understanding that they would engage in prostitution and would turn their earnings over to him, and he would spend the money for their mutual benefit.
Supreme Court: Porstitute that the statute involved is not unconstitutionally vague, and that it was properly interpreted by the trial court, the court AFFIRMS the conviction.
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The evidence showed that two girls under the age of 18, while living in a hotel room with the appellant, at his invitation, turned over to him their earnings from prostitution, which he spent on the living expenses of the prostittute. The section punishes conduct in which guilty knowledge is implicit. A cursory reading of the applicable statutes and the briefs, including an amicus brief, discloses that the legislature defined "prostitution" in RCW 9A. A criminal statute is not subject to a challenge for vagueness if men of ordinary intelligence are not required to speculate as to what conduct is prohibited.
That being the case, it was not error to refuse the proposed instruction.
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It appears that all of their earnings, as was the appellant's contribution, were required for living expenses. Absent a constitutionally sound statutory definition of "prostitution" the charge brought under RCW 9A. However, the issue was resolved incorrectly. The document is simply offered as a 'basis for analysis.
It is next contended that the statute was not intended to punish a person in the appellant's position stacford he was in fact supported by the prostitute. The statute does not require proof that the person charged was supported by the prostitute.
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Each of the sections involved here refers to "any person. RCW 9A. Eberharter, J. However, for the reasons set stafforv at length therein, I am compelled to dissent in this case as well. With respect to the appellant's conduct, it requires proof of an agreement or understanding that he would participate in the proceeds of prostitution activity.
While we think the appellant's interpretation is somewhat doubtful, we will assume it is correct.
The legislature has found that profiting from the proceeds of prostitution tends to promote it. He further contends that the staffofd did not show that he received such support, since, by his testimony, the appellant contributed more to the expenses of the menage than was derived from prostitution, his contributions being derived from petty thievery.
DREW, 70 Wn.
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With regard to a person rendering services, the agreement is that he is to be paid for his services. DANA, 73 Wn. If the statute was meant to have the narrow meaning suggested by the appellant, that intention was not expressed in the act, and it is to the statute which we must look to find the legislative purpose. As we said there, a penal statute must contain ascertainable standards of guilt.
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His conduct, as evidenced by the testimony, was within the contemplation of the statute and, not being of a nature to warrant constitutional protection, was subject to the punishment prescribed. In short, the constitutionality of RCW 9A.
There was undenied testimony in this case that the two girls placed their earnings in the appellant's hands and that he kept possession of the money prostigute spent it, returning only small sums to them for the purchase of sundries. A statute will be found invalid if it is couched in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.
Instructions are sufficient pfostitute they permit a party to adequately argue his theory of the case.