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Court of Appeal of the State of California - 251 Cal. App. 2d 471
Tags: Criminal law, Conspiracy
tl;dr:
A supplier may be held criminally liable for the criminal use of his services if there is evidence of an intent to further the criminal acts.Video Summary
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The court is tasked with determining whether a supplier of goods or services who knows they are being used to assist an illegal business becomes part of a conspiracy to further that illegal enterprise. The court must also consider whether knowledge alone is sufficient to infer criminal intent or if intent can only be inferred when the supplier of legal goods for illegal use has a stake in the venture or when no legitimate use for the goods or services exists. The court provides examples of cases where the intent to further illegal activity was established through direct evidence or an inference based on the supplier's special interest in the activity or the aggravated nature of the crime. In this case, the court found insufficient evidence to prove the defendant's participation in a criminal conspiracy to further prostitution. The court suggests that public authorities can combat prostitution through civil remedies such as licensing telephone answering services and revoking licenses for tolerating prostitution. Additionally, providing telephone answering services in aid of prostitution could be made a crime.
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