Amended in Senate April 27, 2015

Amended in Senate April 6, 2015

Senate Bill No. 420

Introduced by Senator Huff

(Coauthors: Senators begin insert Bates, end insert Block, Runner, and Vidak)

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member Olsen end delete begin insert Members Bonta, Olsen, and Waldron end insert )

February 25, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 420, as amended, Huff. Prostitution.

Existing law provides that a person who solicits or agrees to engage in or engages in any act of prostitution is guilty of disorderly conduct, a misdemeanor.

This bill would recast these provisions begin delete and eliminate engaging in an act of prostitution from the definition of the offense. The bill would provide that the offense is committed when (1) an individual solicits another to engage in an end delete begin insert to distinguish between the different individuals who are guilty of disorderly conduct by soliciting, agreeing to engage in, or engaging in, any end insert act of prostitution begin delete with end delete begin insert and would require a conviction upon proof of (1) end insert the intent to receive compensation, money, or anything of begin delete value, end delete begin insert value end insert and with the specific intent to begin delete so engage; (2) an individual solicits another who is 18 years of age or older to engage in an act of prostitution in exchange for end delete begin insert engage in any act of prostitution or (2) end insert the individual providing compensation, money, or anything of value to the begin delete other, or, who manifests an acceptance of an offer or solicitation by another who is 18 years of age or older to so engage, regardless of whether the offer or solicitation by the other was made by a person who also possessed the specific intent to engage in an act of prostitution; or (3) an individual solicits another who is a minor to engage in an act of prostitution in exchange for the individual providing compensation, money, or anything of value to the minor, or who manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation by the minor was made by a person who also possessed the specific intent to engage in an act of prostitution. end delete begin insert other person, who may be 18 years of age or older or a minor in exchange for the act of prostitution. end insert

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

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

SECTION 1.  

Section 647 of the Penal Code is amended to
read:

647.  

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

(a) An individual who solicits anyone to engage in or who
engages in lewd or dissolute conduct in any public place or in any
place open to the public or exposed to public view.

(b) (1) An individual who begin delete solicits another to engage in an end delete
begin insert solicits, or who agrees to engage in, or who engages in, any end insert act
of prostitution with the intent to receive compensation, money, or
anything of value, and with the specific intent to so engage.

(2) An individual who begin delete solicits end delete begin insert solicits, or who agrees to engage
in, or who engages in, any act of prostitution with end insert another begin insert person end insert
who is 18 years of age or begin delete older, to engage in an act of prostitution end delete
begin insert older end insert in exchange for the individual providing compensation,
money, or anything of value to the begin delete other, or, who end delete begin insert other person.
An individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she end insert manifests an acceptance of
an offer or solicitation by another begin insert person end insert who is 18 years of age
or older to so engage, regardless of whether the offer or solicitation
begin delete by the other end delete was made by a person who also possessed the specific
intent to engage in an act of prostitution.

(3) An individual who begin delete solicits end delete begin insert solicits end insert begin insert , or who agrees to engage
in, or who engages in, any act of prostitution with end insert another begin insert person end insert
who is a minor begin delete to engage in an act of prostitution end delete in exchange for
the individual providing compensation, money, or anything of
value to the begin delete minor, or who end delete begin insert minor. end insert begin insert An individual agrees to engage
in an act of prostitution when, with specific intent to so engage,
he or she end insert manifests an acceptance of an offer or solicitation by
someone who is a minor to so engage, regardless of whether the
offer or solicitation begin delete by the minor end delete was made by a begin delete person end delete begin insert minor end insert who
also possessed the specific intent to engage in an act of prostitution.

(4)  begin delete No end delete begin insert A end insert manifestation of acceptance of an offer or solicitation
to engage in an act of prostitution shall begin insert not end insert constitute a violation
of this subdivision unless some act, in addition to the manifestation
of acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting
an acceptance of an offer or solicitation to engage in that act. As
used in this subdivision, “prostitution” includes any lewd act
between persons for money or other consideration.

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

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

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

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

(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour
treatment and evaluation of inebriates. A peace officer may place
a person in civil protective custody with that kind and degree of
force which would be lawful were he or she effecting an arrest for
a misdemeanor without a warrant. A person who has been placed
in civil protective custody shall not thereafter be subject to any
criminal prosecution or juvenile court proceeding based on the
facts giving rise to this placement. This subdivision shall not apply
to the following persons:

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

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

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

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

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

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

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

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

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

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

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

(4) (A) Any person who intentionally distributes the image of
the intimate body part or parts of another identifiable person, or
an image of the person depicted engaged in an act of sexual
intercourse, sodomy, oral copulation, sexual penetration, or an
image of masturbation by the person depicted or in which the
person depicted participates, under circumstances in which the
persons agree or understand that the image shall remain private,
the person distributing the image knows or should know that
distribution of the image will cause serious emotional distress, and
the person depicted suffers that distress.

(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image,
or arranges, specifically requests, or intentionally causes another
person to distribute that image.

(C) As used in this paragraph, “intimate body part” means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.

(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following
applies:

(i) The distribution is made in the course of reporting an
unlawful activity.

(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public
proceeding.

(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.

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

begin delete

In

end delete

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

begin delete

In

end delete

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

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

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

(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense,
the violation is punishable by imprisonment in a county jail for
not less than two days and not more than one year, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that fine and
imprisonment.

(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days’ imprisonment,
the court shall specify the reason on the record.