Amended in Senate August 2, 2016

Amended in Assembly May 19, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1771


Introduced by Assembly Member O'Donnell

February 3, 2016


An act to amend Sections 653.22 and 653.23 of, and to repeal Section 653.26 of, the Penal Code, and to amend Section 602 of the Welfare and Institutions Code, relating to prostitution.

LEGISLATIVE COUNSEL’S DIGEST

AB 1771, as amended, O'Donnell. Prostitution.

(1) Existing law makes a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, guilty of a misdemeanor that is punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law specifies circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution.

This bill would establish additional circumstances that may be used to determine if a person has committed that offense, including, but not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution.

The bill would also increase the punishment for a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, to a misdemeanor punishable by imprisonment in a county jail for no more than one year, by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make additional conforming changes.

By increasing the term in a county jail from no more than 6 months to no more than one year, this bill would impose a state-mandated local program.

(2) Under existing law, a person who is under 18 years of age when he or she violates the law may be adjudged a ward of the court.

This bill would authorize a court to dismiss the petition against the juvenile upon a finding that he or she committed certain acts of prostitution due to coercion or duress, as defined.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P2    1

SECTION 1.  

Section 653.22 of the Penal Code is amended to
2read:

3

653.22.  

(a) It is unlawful for any person to loiter in any public
4place with the intent to commit prostitution. This intent is
5evidenced by acting in a manner and under circumstances which
6openly demonstrate the purpose of inducing, enticing, or soliciting
7prostitution, or procuring another to commit prostitution.

8(b) Among the circumstances that may be considered in
9determining whether a person loiters with the intent to commit
10prostitution are that the person:

P3    1(1) Repeatedly beckons to, stops, engages in conversations with,
2or attempts to stop or engage in conversations with passersby,
3indicative of soliciting for prostitution.

4(2) Repeatedly stops or attempts to stop motor vehicles by
5hailing the drivers, waving arms, or making any other bodily
6gestures, or engages or attempts to engage the drivers or passengers
7of the motor vehicles in conversation, indicative of soliciting for
8prostitution.

9(3) Has been convicted of violating this section, subdivision (a)
10or (b) of Section 647, or any other offense relating to or involving
11prostitution, within five years of the arrest under this section.

12(4) Circles an area in a motor vehicle and repeatedly beckons
13to, contacts, or attempts to contact or stop pedestrians or other
14motorists, indicative of soliciting for prostitution.

15(5) Has engaged, within six months prior to the arrest under this
16section, in any behavior described in this subdivision, with the
17exception of paragraph (3), or in any other behavior indicative of
18prostitution activity.

19(c) The list of circumstances set forth in subdivision (b) is not
20exclusive. The circumstances set forth in subdivision (b) should
21be considered particularly salient if they occur in an area that is
22known for prostitution activity. Any other relevant circumstances
23may be considered in determining whether a person has the
24requisite intent. Moreover, no one circumstance or combination
25of circumstances is in itself determinative of intent. Intent must
26be determined based on an evaluation of the particular
27circumstances of each case.

28(d) A violation of this section is a misdemeanor.

29

SEC. 2.  

Section 653.23 of the Penal Code is amended to read:

30

653.23.  

(a) It is unlawful for any person to do either of the
31following:

32(1) Direct, supervise, recruit, or otherwise aid another person
33in the commission of a violation of subdivision (b) of Section 647
34or subdivision (a) of Section 653.22.

35(2) Collect or receive all or part of the proceeds earned from an
36act or acts of prostitution committed by another person in violation
37of subdivision (b) of Section 647.

38(b) Among the circumstances that may be considered in
39determining whether a person is in violation of subdivision (a) are
40that the person does the following:

P4    1(1) Repeatedly speaks or communicates with another person
2who is acting in violation of subdivision (b) of Section 647 or
3subdivision (a) of Section 653.22.

4(2) Repeatedly or continuously monitors or watches another
5person who is acting in violation of subdivision (b) of Section 647
6or subdivision (a) of Section 653.22.

7(3) Repeatedly engages or attempts to engage in conversation
8with pedestrians or motorists to solicit, arrange, or facilitate an act
9of prostitution between the pedestrians or motorists and another
10person who is acting in violation of subdivision (a) of Section
11653.22.

12(4) Repeatedly stops or attempts to stop pedestrians or motorists
13to solicit, arrange, or facilitate an act of prostitution between
14pedestrians or motorists and another person who is acting in
15violation of subdivision (a) of Section 653.22.

16(5) Circles an area in a motor vehicle and repeatedly beckons
17to, contacts, or attempts to contact or stop pedestrians or other
18motorists to solicit, arrange, or facilitate an act of prostitution
19between the pedestrians or motorists and another person who is
20acting in violation of subdivision (a) of Section 653.22.

21(6) Receives or appears to receive money from another person
22who is acting in violation of subdivision (b) of Section 647 or
23subdivision (a) of Section 653.22.

24(7) Engages in any of the behavior described in paragraphs (1)
25to (6), inclusive, in regard to, or on behalf of, two or more persons
26who are in violation of subdivision (a) of Section 653.22.

27(8) Has been convicted of violating this section, subdivision (a)
28or (b) of Section 647, subdivision (a) of Section 653.22, Section
29236.1, 266h, or 266i, or any other offense relating to or involving
30prostitution within five years of the arrest under this section.

31(9) Has engaged, within six months prior to the arrest under
32subdivision (a), in any behavior described in this subdivision, with
33the exception of paragraph (8), or in any other behavior indicative
34of prostitution activity.

35(c) The list of circumstances set forth in subdivision (b) is not
36exclusive. The circumstances set forth in subdivision (b) should
37be considered particularly salient if they occur in an area that is
38known for prostitution activity. Any other relevant circumstances
39may be considered. Moreover, no one circumstance or combination
40of circumstances is in itself determinative. A violation of
P5    1subdivision (a) shall be determined based on an evaluation of the
2particular circumstances of each case.

3(d) This section does not preclude the prosecution of a suspect
4for a violation of Section 236.1, 266h, or 266i, or for any other
5offense, or for a violation of this section in conjunction with a
6violation of Section 236.1, 266h, or 266i, or any other offense.

7(e) A violation of this section is a misdemeanor punishable by
8imprisonment in a county jail not to exceed one year, by a fine not
9to exceed one thousand dollars ($1,000), or by both that
10imprisonment and fine.

11

SEC. 3.  

Section 653.26 of the Penal Code is repealed.

12

SEC. 4.  

Section 602 of the Welfare and Institutions Code is
13amended to read:

14

602.  

(a) Except as provided in subdivision (b), a person who
15is under 18 years of age when he or she violates any law of this
16state or of the United States or any ordinance of any city or county
17of this state defining crime other than an ordinance establishing a
18curfew based solely on age, is within the jurisdiction of the juvenile
19court and may be adjudged a ward of the court.

20(b) Any person who is alleged, when he or she was 14 years of
21age or older, to have committed one of the following offenses shall
22be prosecuted under the general law in a court of criminal
23jurisdiction:

24(1) Murder, as described in Section 187 of the Penal Code, if
25one of the circumstances enumerated in subdivision (a) of Section
26190.2 of the Penal Code is alleged by the prosecutor, and the
27prosecutor alleges that the minor personally killed the victim.

28(2) The following sex offenses, if the prosecutor alleges that
29the minor personally committed the offense, and if the prosecutor
30alleges one of the circumstances enumerated in the One Strike
31law, subdivision (d) or (e) of Section 667.61 of the Penal Code,
32applies:

33(A) Rape, as described in paragraph (2) of subdivision (a) of
34Section 261 of the Penal Code.

35(B) Spousal rape, as described in paragraph (1) of subdivision
36(a) of Section 262 of the Penal Code.

37(C) Forcible sex offenses in concert with another, as described
38in Section 264.1 of the Penal Code.

P6    1(D) Forcible lewd and lascivious acts on a child under 14 years
2of age, as described in subdivision (b) of Section 288 of the Penal
3Code.

4(E) Forcible sexual penetration, as described in subdivision (a)
5of Section 289 of the Penal Code.

6(F) Sodomy or oral copulation in violation of Section 286 or
7288a of the Penal Code, by force, violence, duress, menace, or fear
8of immediate and unlawful bodily injury on the victim or another
9person.

10(G) Lewd and lascivious acts on a child under 14 years of age,
11as defined in subdivision (a) of Section 288, unless the defendant
12qualifies for probation under subdivision (d) of Section 1203.066
13of the Penal Code.

14(c) (1) Notwithstanding subdivision (a), the juvenile court may
15dismiss a petition upon a finding that the juvenile who is alleged
16to have violated Section 653.23begin insert or subdivision (b) of Section 647end insert
17 of the Penal Code did so due to coercion or duress.

18(2) For purposes of this subdivision, the following definitions
19apply:

20(A) “Coercion” means a scheme, plan, or pattern intended to
21cause a person to believe that failure to perform the act would
22result in serious harm to, or physical restraint against, a person;
23 the abuse or threatened abuse of legal process; debt bondage; or
24providing and facilitating the possession of a controlled substance
25to a person with the intent to impair the person’s judgment.

26(B) “Duress” means a direct or implied threat of force, violence,
27danger, hardship, or retribution sufficient to cause a reasonable
28person to acquiesce in or perform an act that he or she would
29otherwise not have submitted to or performed; a direct or implied
30threat to destroy, conceal, remove, confiscate, or possess an actual
31or purported passport or immigration document of the victim; or
32knowingly destroying, concealing, removing, confiscating, or
33possessing an actual or purported passport or immigration
34document of the victim.

35(C) “Serious harm” means any harm, whether physical or
36nonphysical, including, but not limited to, psychological, financial,
37 or reputational harm, that is sufficiently serious, under all
38surrounding circumstances, to compel a reasonable person of the
39same background and in the same circumstances to perform or to
P7    1continue to perform labor, services, or commercial sexual acts in
2order to avoid incurring that harm.

3

SEC. 5.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.



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