Reference no: EM133232147

The City of Seaside has a major problem with prostitution on Main Street during the evening hours on the weekends.  Many of the residents of Seaside have complained about the number of prostitutes lining the streets and the blatant solicitations for sex on the public street. Detective Holmes of the Vice Squad developed and initiated a "crackdown" on the prostitutes that was very successful in removing most of the prostitutes from the streets. However, the problem soon became the high number of "johns" (customers looking for prostitutes) who would drive around and solicit female citizens for sex. Det. Holmes decided to address this by running an undercover operation where they would place a female police officer on the street to act as a prostitute. Det. Holmes wanted to be very successful with this program and clean up the area quick, in order to appease the citizens and stop the "johns" from their offensive behavior. Det. Holmes decided to ask Officer Jane to act as the prostitute, as Ofc. Jane was very attractive female officer and was in excellent physical condition. Det. Holmes decided that Ofc. Jane should wear a low cut blouse that showed off her cleavage, a mini skirt that barely covered her, and fishnet stockings with stiletto heels. Det. Holmes told Ofc. Jane not to bring attention to herself, but to just stand on the corner as if she was waiting for a ride to a club to go dancing. While Officer Jane was standing on the corner, Hugh stopped his vehicle next to her and asked her if she would like to have sex for $50.

1.  Is this a solicitation for prostitution, in violation of PC 647(b)? Why or why not?

2. Should Hugh be charged with PC 647(b)? Why or Why not?