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Supporting or reacting positively to a decision already reached by an individual constitutes a form of encouragement. He agreed, and Carlton started to perform the act. Viewing the evidence in a light most favorable to the prosecution, we find that the officer gave both Hanlon and Carlton money in exchange for the massages and the interrupted act of fellatio.

Slipson, Mich. She now appeals as of right. She then reached for his penis as if to masturbate him. Because defendant did not object on this basis before the trial court, she has failed to preserve this issue for appellate review. And such acceptance, receipt, levy or appropriation of such money or valuable thing, shall, upon any proceeding or trial for violation of this section, be presumptive evidence of lack of consideration.

Moreover, this issue is rendered moot by our decision that the evidence was legally insufficient to support the pandering charge.

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Hubbard After RemandMich. Specifically, defendant argues that because both Carlton and Hanlon were allegedly prostitutes before their encounter with the officer, defendant could not be convicted of inducing, persuading, inveigling, or enticing Carlton and Hanlon to become prostitutes as proscribed by M. We agree. Cavaiani, Mich. The statutes could not reasonably be applied to entirely innocent conduct, as defendant suggests in various hypothetical situations.

She was then arrested. Michigan, Mich. A prostitute, again, is a person who does sexual acts for money.

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Finally, defendant contends that her convictions should be overturned because M. These challenges have not been properly preserved. Yeoman, Mich. We also reject defendant's claim that the actual currency received by defendant on the night in question was not the proceeds or earnings of a prostitute. The language used in the statutes provides fair notice of the proscribed conduct and is not so vague that persons of common intelligence must necessarily guess at its meaning. This issue was squarely addressed in People v.

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We find that sufficient evidence exists to support defendant's conviction of accepting the earnings of a prostitute, but not of pandering. The pandering statute is deed to penalize individuals who induce, persuade, encourage, or entice women who are not prostitutes into becoming prostitutes. Defendant next argues that the prosecutor abused his discretion when he charged defendant with the offenses of accepting the earnings of a prostitute and pandering. Gezelman On RehearingMich. Cook, 96 Mich. The trial court's final instruction to the jury in the present case, like that in Springs, was erroneous.

Although the act of fellatio was not completed, we find that it was an act of prostitution. In this case, for this crime, it's necessary that they prove that the defendant intended to persuade or encourage Christine Hanlon or [Patti Jo Carlton] to be a prostitute. Second, that the defendant did this knowingly and intentionally. A careful examination of the record le to the inescapable conclusion that defendant was denied a fair trial. Defendant's challenge is without merit. Consequently, defendant's conviction for pandering must be reversed.

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Following a jury trial, defendant was convicted of pandering, M. She was sentenced to three years' probation, the first four months to be spent in jail. We affirm in part and reverse in part. Encouraging indicates a less active role.

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This, again, is a specific intent crime, which means that the prosecution must prove not only that the defendant did the acts but that she did the acts with the intent to cause a particular result. The defendant is also charged with the crime of pandering.

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McCumby, Mich. Nonetheless, we find no abuse of prosecutorial discretion under the facts presented here. Defendant also challenges the sufficiency of the evidence supporting her conviction for pandering. Since it cannot be determined whether the jury's verdict was based on the encouraging or inducing, persuading, inveigling or enticing portion of the charge, reversal is required. In People v. Any person who shall knowingly accept, receive, levy or appropriate any money or valuable thing without consideration from the proceeds of the earnings of any woman engaged in prostitution, or any person, knowing a female to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of said prostitute, or from moneys loaned or advanced to or charged against her by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than twenty years.

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We disagree. Rocha, Mich. Grant, Mich. Statutes are pd to be constitutional, and courts have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent. To prove this charge, the prosecution must prove each of the following elements beyond a reasonable doubt:. This reasoning was applied to the current pandering statute in People v.

It falls short of persuading.

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When Carlton arrived, she had the officer lie on the bed and gave him a brief massage. He stopped her by asking what else was available. An overbroad statute is one that prohibits constitutionally protected conduct. Next, defendant challenges the instructions given to the jury regarding the pandering charge. Neither are the statutes void for overbreadth. Defendant agreed to send over a blonde in her mid-twenties with a nice figure.

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While the information properly could have been amended, even during the trial, so long as defendant had sufficient notice and opportunity to defend against the new charge, it was impermissible for the trial judge to amend the information sub silentio by his instructions to the jury. People v. Warren, Mich. Nevertheless, this Court may still consider an important constitutional question absent a challenge in the trial court. However, because the instructions were erroneous and we believe our comments here will be of benefit to the bench and bar, we will address the claims of error raised.

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Sufficient evidence was presented to sustain the jury's determination that defendant was guilty of accepting the earnings of a prostitute. Defendant suggests that other offenses, such as attempt, conspiracy, or disorderly person, were more appropriate. Defendant first argues that the prosecution presented insufficient evidence to establish beyond a reasonable doubt that defendant was guilty of accepting the earnings of a prostitute and of pandering. Inducing, inveigling, persuading, and enticing all imply an active [role] leading to a particular action.

Shortly thereafter, a female police officer drove Hanlon and Carlton to a local restaurant parking lot to meet with defendant. Van Dorsten, Mich. Springs, Mich.

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Hanlon agreed to cooperate with the police by telephoning defendant and asking her to send a second masseuse to the room under the pretext that the officer wished to have sex with two women. On the basis of these standards, we hotel that both the pandering statute, M. The statutes provide, in clear and understandable terms, that anyone who induces, persuades, encourages, or entices a woman to become a prostitute, or who earns a living grand others who engage in prostitution, shall be prostitute to criminal prosecution.

Defendant replied that she would send a masseuse named Patti Jo Carlton. Here, the trial court's final instruction permitted the jury to find defendant guilty of pandering even if she had nothing to do with Hanlon's and Carlton's rapid prostitutes. Hanlon had the officer disrobe and proceeded to give him a nonsexual massage.

Because defendant did not object to the instruction at trial, relief can be granted only if manifest injustice would result. When presented with a vagueness challenge, we examine the entire text of the statute and give the words of the statute their ordinary meanings. Defendant also claims that the trial court's instructions broadened the scope of the information.

Further, the statutes do not confer unlimited discretion on the trier of fact to decide if defendant committed the offenses. See People v.

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Piper, Mich. When Hanlon completely undressed and crawled into bed with him, he gave a al and his fellow officers rushed in from an ading room and arrested Hanlon for soliciting for prostitution. The overbreadth of a statute must not only be real, but substantial as well, judged in relation to the plainly legitimate sweep of the statute where, as here, conduct and not merely speech is involved. In the present case, the record reveals that both Carlton and Hanlon had engaged in prostitution before their encounter with the officer.