California Legislature—2013–14 Regular Session

Assembly BillNo. 336


Introduced by Assembly Member Ammiano

February 13, 2013


An act to amend Section 647 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 336, as introduced, Ammiano. Crimes: prostitution: evidence.

Under existing law, a person is guilty of disorderly conduct, a misdemeanor, based on various acts, including when a person solicits or agrees to engage in or engages in any act of prostitution, as specified.

This bill would exclude the possession of one of more condoms as evidence of a violation of that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 647 of the Penal Code is amended to
2read:

3

647.  

Except as provided in subdivision (l), every person who
4commits any of the following acts is guilty of disorderly conduct,
5a misdemeanor:

6(a) Who solicits anyone to engage in or who engages in lewd
7or dissolute conduct in any public place or in any place open to
8the public or exposed to public view.

9(b) Who solicits or who agrees to engage in or who engages in
10any act of prostitution. A person agrees to engage in an act of
11prostitution when, with specific intent to so engage, he or she
P2    1manifests an acceptance of an offer or solicitation to so engage,
2regardless of whether the offer or solicitation was made by a person
3who also possessed the specific intent to engage in prostitution.
4No agreement to engage in an act of prostitution shall constitute
5a violation of this subdivision unless some act, in addition to the
6agreement, is done within this state in furtherance of the
7commission of an act of prostitution by the person agreeing to
8engage in that act.begin insert Possession of one or more condoms shall not
9be used as evidence of a violation of this subdivision.end insert
As used in
10this subdivision, “prostitution” includes any lewd act between
11persons for money or other consideration.

12(c) Who accosts other persons in any public place or in any
13place open to the public for the purpose of begging or soliciting
14alms.

15(d) Who loiters in or about any toilet open to the public for the
16purpose of engaging in or soliciting any lewd or lascivious or any
17unlawful act.

18(e) Who lodges in any building, structure, vehicle, or place,
19whether public or private, without the permission of the owner or
20person entitled to the possession or in control of it.

21(f) Who is found in any public place under the influence of
22intoxicating liquor, any drug, controlled substance, toluene, or any
23combination of any intoxicating liquor, drug, controlled substance,
24or toluene, in a condition that he or she is unable to exercise care
25for his or her own safety or the safety of others, or by reason of
26his or her being under the influence of intoxicating liquor, any
27drug, controlled substance, toluene, or any combination of any
28intoxicating liquor, drug, or toluene, interferes with or obstructs
29or prevents the free use of any street, sidewalk, or other public
30way.

31(g) When a person has violated subdivision (f), a peace officer,
32if he or she is reasonably able to do so, shall place the person, or
33cause him or her to be placed, in civil protective custody. The
34person shall be taken to a facility, designated pursuant to Section
355170 of the Welfare and Institutions Code, for the 72-hour
36treatment and evaluation of inebriates. A peace officer may place
37a person in civil protective custody with that kind and degree of
38force which would be lawful were he or she effecting an arrest for
39a misdemeanor without a warrant. No person who has been placed
40in civil protective custody shall thereafter be subject to any criminal
P3    1prosecution or juvenile court proceeding based on the facts giving
2rise to this placement. This subdivision shall not apply to the
3following persons:

4(1) Any person who is under the influence of any drug, or under
5the combined influence of intoxicating liquor and any drug.

6(2) Any person who a peace officer has probable cause to believe
7has committed any felony, or who has committed any misdemeanor
8in addition to subdivision (f).

9(3) Any person who a peace officer in good faith believes will
10attempt escape or will be unreasonably difficult for medical
11personnel to control.

12(h) Who loiters, prowls, or wanders upon the private property
13of another, at any time, without visible or lawful business with the
14owner or occupant. As used in this subdivision, “loiter” means to
15delay or linger without a lawful purpose for being on the property
16and for the purpose of committing a crime as opportunity may be
17discovered.

18(i) Who, while loitering, prowling, or wandering upon the private
19property of another, at any time, peeks in the door or window of
20any inhabited building or structure, without visible or lawful
21business with the owner or occupant.

22(j) (1) Any person who looks through a hole or opening, into,
23or otherwise views, by means of any instrumentality, including,
24but not limited to, a periscope, telescope, binoculars, camera,
25motion picture camera, camcorder, or mobile phone, the interior
26of a bedroom, bathroom, changing room, fitting room, dressing
27room, or tanning booth, or the interior of any other area in which
28the occupant has a reasonable expectation of privacy, with the
29intent to invade the privacy of a person or persons inside. This
30subdivision shall not apply to those areas of a private business
31used to count currency or other negotiable instruments.

32(2) Any person who uses a concealed camcorder, motion picture
33camera, or photographic camera of any type, to secretly videotape,
34film, photograph, or record by electronic means, another,
35 identifiable person under or through the clothing being worn by
36that other person, for the purpose of viewing the body of, or the
37undergarments worn by, that other person, without the consent or
38knowledge of that other person, with the intent to arouse, appeal
39to, or gratify the lust, passions, or sexual desires of that person and
P4    1invade the privacy of that other person, under circumstances in
2which the other person has a reasonable expectation of privacy.

3(3) (A) Any person who uses a concealed camcorder, motion
4picture camera, or photographic camera of any type, to secretly
5videotape, film, photograph, or record by electronic means, another,
6identifiable person who may be in a state of full or partial undress,
7for the purpose of viewing the body of, or the undergarments worn
8by, that other person, without the consent or knowledge of that
9other person, in the interior of a bedroom, bathroom, changing
10room, fitting room, dressing room, or tanning booth, or the interior
11of any other area in which that other person has a reasonable
12expectation of privacy, with the intent to invade the privacy of that
13other person.

14(B) Neither of the following is a defense to the crime specified
15in this paragraph:

16(i) The defendant was a cohabitant, landlord, tenant, cotenant,
17employer, employee, or business partner or associate of the victim,
18or an agent of any of these.

19(ii) The victim was not in a state of full or partial undress.

20(k) begin insert(1)end insertbegin insertend insert In any accusatory pleading charging a violation of
21subdivision (b), if the defendant has been once previously convicted
22of a violation of that subdivision, the previous conviction shall be
23charged in the accusatory pleading. If the previous conviction is
24found to be true by the jury, upon a jury trial, or by the court, upon
25a court trial, or is admitted by the defendant, the defendant shall
26be imprisoned in a county jail for a period of not less than 45 days
27and shall not be eligible for release upon completion of sentence,
28on probation, on parole, on work furlough or work release, or on
29any other basis until he or she has served a period of not less than
3045 days in a county jail. In all cases in which probation is granted,
31the court shall require as a condition thereof that the person be
32confined in a county jail for at least 45 days. In no event does the
33court have the power to absolve a person who violates this
34subdivision from the obligation of spending at least 45 days in
35confinement in a county jail.

begin delete

36 In

end delete

37begin insert(2)end insertbegin insertend insertbegin insertInend insert any accusatory pleading charging a violation of
38subdivision (b), if the defendant has been previously convicted
39two or more times of a violation of that subdivision, each of these
40previous convictions shall be charged in the accusatory pleading.
P5    1If two or more of these previous convictions are found to be true
2by the jury, upon a jury trial, or by the court, upon a court trial, or
3are admitted by the defendant, the defendant shall be imprisoned
4in a county jail for a period of not less than 90 days and shall not
5be eligible for release upon completion of sentence, on probation,
6on parole, on work furlough or work release, or on any other basis
7until he or she has served a period of not less than 90 days in a
8county jail. In all cases in which probation is granted, the court
9shall require as a condition thereof that the person be confined in
10a county jail for at least 90 days. In no event does the court have
11the power to absolve a person who violates this subdivision from
12the obligation of spending at least 90 days in confinement in a
13county jail.

begin delete

14 In

end delete

15begin insert(3)end insertbegin insertend insertbegin insertInend insert addition to any punishment prescribed by this section, a
16court may suspend, for not more than 30 days, the privilege of the
17person to operate a motor vehicle pursuant to Section 13201.5 of
18the Vehicle Code for any violation of subdivision (b) that was
19committed within 1,000 feet of a private residence and with the
20use of a vehicle. In lieu of the suspension, the court may order a
21person’s privilege to operate a motor vehicle restricted, for not
22more than six months, to necessary travel to and from the person’s
23place of employment or education. If driving a motor vehicle is
24necessary to perform the duties of the person’s employment, the
25court may also allow the person to drive in that person’s scope of
26employment.

27(l) (1) A second or subsequent violation of subdivision (j) is
28punishable by imprisonment in a county jail not exceeding one
29year, or by a fine not exceeding two thousand dollars ($2,000), or
30by both that fine and imprisonment.

31(2) If the victim of a violation of subdivision (j) was a minor at
32the time of the offense, the violation is punishable by imprisonment
33in a county jail not exceeding one year, or by a fine not exceeding
34two thousand dollars ($2,000), or by both that fine and
35 imprisonment.



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