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Earlier editions: 2026-09

Title 3 — PUBLIC SAFETY, MORALS AND WELFARE

San Mateo County Municipal Code Ch. 3.28 Prostitution and Lewdness

San Mateo County Municipal Code · 2026-10 edition · updated 2026-10-04 · San Mateo County

Cite as: San Mateo County Municipal Code Chapter 3.28 · Text as of 2026-10-04

3.28.010 - Distributing, selling, etc., of indecent and obscene matter prohibited.

Every person who knowingly writes, composes, stereotypes, prints, publishes, or otherwise prepares, or either offers or advertises to offer for gift or for sale, or sells, distributes, makes a gift of, or causes any person to carry, convey or transport, or exhibits any obscene or indecent writing, paper, or book; or designs, copies, draws, engraves, paints, or otherwise prepares or either offers or advertises to offer for gift or for sale, or sells, or makes a gift of, distributes or causes any person to carry, convey, or transport, or exhibits any obscene or indecent figure, picture, moving picture or other obscene and indecent image is guilty of a misdemeanor. The word "person" as used herein shall be deemed not to include a public officer, employee or agent of the United States Government or of the State of California or a political subdivision thereof, or of a local governmental agency who is acting within the course and scope of his employment or agency.

(Prior code § 3170; Ord. 1387, 02/23/60)

Exceptions & meaning →

3.28.020 - Prostitution defined.

As used in this chapter prostitution is defined as an act of sexual intercourse or a lewd act performed by a female person with a male person not married to her, and as a result of, or through the promise of, the exchange of money or article of value.

(Prior code § 3175; Ord. 1441, 02/21/61; Ord. 3301, 03/12/91)

Exceptions & meaning →

3.28.030 - Soliciting prostitution and lewd acts prohibited.

It shall be unlawful for any person to solicit by word, act or any other form of communication, any person for the purpose of prostitution, or for the purpose of engaging in a lewd act between members of the same sex.

(Prior code § 3176; Ord. 1441, 02/21/61)

Exceptions & meaning →

3.28.040 - Unlawful to offer or agree to commit prostitution or other lewd act.

Every person is guilty of a misdemeanor who:

(a) Offers or agrees to commit, or commits, any act of prostitution; or

(b) Offers to secure another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd or indecent act with any other person; or

(c) Solicits another to lease, rent or otherwise make available a room, place or building to be used for the purpose of committing any lewd or indecent act or any act of prostitution; or

(d) Is in or near any thoroughfare or public place for the purpose of inducing, enticing or procuring another to commit an act of lewdness, fornication or unlawful sexual intercourse; or

(e) Knowingly transports any person to any place for the purpose of committing any lewd or indecent act or any act of prostitution; or

(f) Knowingly receives, offers or agrees to receive any person into any place or building for the purpose of assignation or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any such purposes; or

(g) Directs any person to any place for the purpose of committing any lewd or indecent act or any act of prostitution or fornication; or

(h) In any way aids or abets or participates in the doing of any of the acts prohibited by subdivisions (a) to (g), inclusive, of this section.

(Prior code § 3177; Ord. 1441, 02/21/61)

Exceptions & meaning →

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