People v. Lauria
251 Cal.App.2d 471, 59 Cal.Rptr. 628.
Dressler, pp. 782-786
Facts: Lauria ran an answering
service. Some prostitutes used his
service. Lauria
got arrested along with several prostitutes and was indicted for conspiracy to
commit prostitution, but the trial court set aside the indictment. The People appealed.
Issue: Is a supplier part of a conspiracy if he knowingly
supplies goods and services to a buyer who will use them with criminal purposes?
Rule: NEW RULE! To
establish the mens rea necessary to convict a supplier of conspiracy, you need
either direct evidence that he plans to participate in the criminal activity of
another or you need to be able to draw an inference that he has a special
interest in the activity or show that the crime is of an aggravated nature.
Analysis: The court “deduces” the new rule from cases where
intent (purpose) may be inferred from knowledge. In application, the court finds that Lauria didn’t take any direct action to help in the
commission of criminal offenses.
Furthermore, the court notes that the offense he’s alleged to have
furthered is only a misdemeanor, and so purpose can’t be inferred from knowledge
that way. The court finds there is thus
not enough proof to try Lauria for conspiracy.
Conclusion: The decision of the trial court is upheld and Lauria is free to go.