Does section 653.22 of the Louisiana Code of Civil Procedure (b) criminalize the conduct listed in its subdivision (b), and hence criminalizes a substantial amount of constitutionally protected conduct?

California, United States of America


The following excerpt is from People v. Pulliam, 62 Cal.App.4th 1430, 73 Cal.Rptr.2d 371 (Cal. App. 1998):

We do not agree that section 653.22 criminalizes the conduct listed in its subdivision (b), and hence criminalizes a substantial amount of constitutionally protected conduct. The statute prohibits loitering with the intent to commit prostitution; it does not prohibit protected speech. 6 A statute may properly criminalize certain forms of conduct even though that conduct may be intertwined with speech or association. As the court explained in Cox v. Louisiana (1965) 379 U.S. 559, 563, 85 S.Ct. 476, 480, 13 L.Ed.2d 487:

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