AB 1675, as introduced, Mark Stone. Juveniles: prostitution.
Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court under certain circumstances, including in cases of abuse and neglect. Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified.
Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.
This bill would specify that a minor who commits those crimes is not subject to the delinquency jurisdiction of the juvenile court, but he or she may be adjudged a dependent child of the juvenile court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 602 of the Welfare and Institutions Code
2 is amended to read:
(a) Except as provided in subdivisionbegin delete (b),end deletebegin insert (b) or (c),end insert any
2person who is under 18 years of age when he or she violates any
3law of this state or of the United States or any ordinance of any
4city or county of this state defining crime other than an ordinance
5establishing a curfew based solely on age, is within the jurisdiction
6of the juvenile court, which may adjudge such person to be a ward
7of the court.
8(b) Any person who is alleged, when he or she was 14 years of
9age or older, to have committed one of the following offenses shall
10be
prosecuted under the general law in a court of criminal
11jurisdiction:
12(1) Murder, as described in Section 187 of the Penal Code, if
13one of the circumstances enumerated in subdivision (a) of Section
14190.2 of the Penal Code is alleged by the prosecutor, and the
15prosecutor alleges that the minor personally killed the victim.
16(2) The following sex offenses, if the prosecutor alleges that
17the minor personally committed the offense, and if the prosecutor
18alleges one of the circumstances enumerated in the One Strike
19law, subdivision (d) or (e) of Section 667.61 of the Penal Code,
20applies:
21(A) Rape, as described in paragraph (2) of subdivision (a) of
22Section 261 of the Penal Code.
23(B) Spousal rape, as described in paragraph (1) of subdivision
24(a) of Section 262
of the Penal Code.
25(C) Forcible sex offenses in concert with another, as described
26in Section 264.1 of the Penal Code.
27(D) Forcible lewd and lascivious acts on a child under 14 years
28of age, as described in subdivision (b) of Section 288 of the Penal
29Code.
30(E) Forcible sexual penetration, as described in subdivision (a)
31of Section 289 of the Penal Code.
32(F) Sodomy or oral copulation in violation of Section 286 or
33288a of the Penal Code, by force, violence, duress, menace, or fear
34of immediate and unlawful bodily injury on the victim or another
35person.
36(G) Lewd and lascivious acts on a child under 14 years of age,
37as defined in subdivision (a) of Section 288, unless the defendant
38qualifies
for probation under subdivision (d) of Section 1203.066
39of the Penal Code.
P3 1(c) A minor who violates subdivision (b) of Section 647 of the
2Penal Code or Section 653.22 of the Penal Code is not subject to
3the jurisdiction of the juvenile court pursuant to this section. The
4minor may be adjudged a dependent child of the court on the
5grounds that he or she is a person described by Section 300.
O
99