SB 1322, as introduced, Mitchell. Commercial sex acts: minors.
Existing law makes it a crime to solicit or engage in any act of prostitution. Existing law makes it a crime to loiter in any public place with the intent to commit prostitution.
This bill would make the above provisions inapplicable to a child under 18 years of age who is alleged to have engaged in conduct that would, if committed by an adult, violate the above provisions. Pursuant to those provisions, the bill would require a peace officer to report suspected abuse or neglect of that minor to the county child welfare agency. The bill would authorize the minor to be taken into temporary custody under limited circumstances. By imposing new duties on local law enforcement agencies, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 647 of the Penal Code is amended to
Except as provided in subdivision (l), every person who commits any of the following
5acts is guilty of disorderly conduct, a 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
10in any act of prostitution. A person agrees to engage in an act of
11prostitution when, with specific intent to so engage, he or she
12manifests an acceptance of an offer or solicitation to so engage,
13regardless of whether the offer or solicitation was made by a person
14who also possessed the specific intent to engage in prostitution.
15No agreement to engage in an act of prostitution shall constitute
16a violation of this subdivision unless some act, in addition to the
17agreement, is done within this state in furtherance of the
18commission of an act of prostitution by the person agreeing to
19engage in that act. As used in this subdivision, “prostitution”
20includes any lewd act between persons for money or other
36(c) Who accosts other persons in any public place or in any
37place open to the public for the purpose of begging or soliciting
P3 1(d) Who loiters in or about any toilet open to the public for the
2purpose of engaging in or soliciting any lewd or lascivious or any
4(e) Who lodges in any building, structure, vehicle, or place,
5whether public or private, without the permission of the owner or
6person entitled to the possession or in control of it.
7(f) Who is found in any public place under the influence of
8intoxicating liquor, any drug, controlled substance, toluene, or any
9combination of any intoxicating liquor, drug, controlled substance,
10or toluene, in a condition that he or she is unable to exercise care
11for his or her own safety or the safety of others, or by reason of
12his or her being under the influence of intoxicating liquor, any
13drug, controlled substance, toluene, or any combination of any
14intoxicating liquor, drug, or toluene, interferes with or obstructs
15or prevents the free use of any street, sidewalk, or other public
17(g) When a person has violated subdivision (f), a peace officer,
18if he or she is reasonably able to do so, shall place the person, or
19cause him or her to be placed, in civil protective custody. The
20person shall be taken to a facility, designated pursuant to Section
215170 of the Welfare and Institutions Code, for the 72-hour
22treatment and evaluation of inebriates. A peace officer may place
23a person in civil protective custody with that kind and degree of
24force which would be lawful were he or she effecting an arrest for
25a misdemeanor without a warrant. A person who has been placed
26in civil protective custody shall not thereafter be subject to any
27criminal prosecution or juvenile court proceeding based on the
28facts giving rise to this placement. This subdivision shall not apply
29to the following persons:
30(1) Any person who is under the
influence of any drug, or under
31the combined influence of intoxicating liquor and any drug.
32(2) Any person who a peace officer has probable cause to believe
33has committed any felony, or who has committed any misdemeanor
34in addition to subdivision (f).
35(3) Any person who a peace officer in good faith believes will
36attempt escape or will be unreasonably difficult for medical
37personnel to control.
38(h) Who loiters, prowls, or wanders upon the private property
39of another, at any time, without visible or lawful business with the
40owner or occupant. As used in this subdivision, “loiter” means to
P4 1delay or linger without a lawful purpose for being on the property
2and for the purpose of committing a crime as opportunity may be
4(i) Who, while loitering,
prowling, or wandering upon the private
5property of another, at any time, peeks in the door or window of
6any inhabited building or structure, without visible or lawful
7business with the owner or occupant.
8(j) (1) Any person who looks through a hole or opening, into,
9or otherwise views, by means of any instrumentality, including,
10but not limited to, a periscope, telescope, binoculars, camera,
11motion picture camera, camcorder, or mobile phone, the interior
12of a bedroom, bathroom, changing room, fitting room, dressing
13room, or tanning booth, or the interior of any other area in which
14the occupant has a reasonable expectation of privacy, with the
15intent to invade the privacy of a person or persons inside. This
16subdivision shall not apply to those areas of a private business
17used to count currency or other negotiable instruments.
18(2) Any person who uses a
concealed camcorder, motion picture
19camera, or photographic camera of any type, to secretly videotape,
20film, photograph, or record by electronic means, another,
21identifiable person under or through the clothing being worn by
22that other person, for the purpose of viewing the body of, or the
23undergarments worn by, that other person, without the consent or
24knowledge of that other person, with the intent to arouse, appeal
25to, or gratify the lust, passions, or sexual desires of that person and
26invade the privacy of that other person, under circumstances in
27which the other person has a reasonable expectation of privacy.
28(3) (A) Any person who uses a concealed camcorder, motion
29picture camera, or photographic camera of any type, to secretly
30videotape, film, photograph, or record by electronic means, another,
31identifiable person who may be in a state of full or partial undress,
32for the purpose of viewing the body of, or the undergarments worn
33by, that other person, without the consent or knowledge of that
34other person, in the interior of a bedroom, bathroom, changing
35room, fitting room, dressing room, or tanning booth, or the interior
36of any other area in which that other person has a reasonable
37expectation of privacy, with the intent to invade the privacy of that
39(B) Neither of the following is a defense to the crime specified
40in this paragraph:
P5 1(i) The defendant was a cohabitant, landlord, tenant, cotenant,
2employer, employee, or business partner or associate of the victim,
3or an agent of any of these.
4(ii) The victim was not in a state of full or partial undress.
5(4) (A) Any person who intentionally distributes the image of
6the intimate body part or parts of another identifiable person, or
7an image of the person depicted engaged in an act of sexual
8intercourse, sodomy, oral copulation, sexual penetration, or an
9image of masturbation by the person depicted or in which the
10person depicted participates, under circumstances in which the
11persons agree or understand that the image shall remain private,
12the person distributing the image knows or should know that
13distribution of the image will cause serious emotional distress, and
14the person depicted suffers that distress.
15(B) A person intentionally distributes an image described in
16subparagraph (A) when he or she personally distributes the image,
17or arranges, specifically requests, or intentionally causes another
18person to distribute that image.
19(C) As used in this paragraph, “intimate body part” means any
20portion of the genitals, the anus and in the case of a female, also
21includes any portion of the breasts below the top of the areola, that
22is either uncovered or clearly visible through clothing.
23(D) It shall not be a violation of this paragraph to distribute an
24image described in subparagraph (A) if any of the following
26(i) The distribution is made in the course of reporting an
28(ii) The distribution is made in compliance with a subpoena or
29other court order for use in a legal proceeding.
30(iii) The distribution is made in the course of a lawful public
32(5) This subdivision shall not preclude punishment under any
33section of law providing for greater punishment.
34(k) In any accusatory pleading charging a violation of
35subdivision (b), if the defendant has been once previously convicted
36of a violation of that subdivision, the previous conviction shall be
37charged in the accusatory pleading. If the previous conviction is
38found to be true by the jury, upon a jury trial, or by the court, upon
39a court trial, or is admitted by the defendant, the defendant shall
40be imprisoned in a county jail for a period of not less than 45 days
P6 1and shall not be eligible for release upon completion of sentence,
2on probation, on parole, on work furlough or work release, or on
3any other basis until he or she has served a period of not less than
445 days in a county jail. In all cases in which probation is granted,
5the court shall require as a condition thereof that the person be
6confined in a county jail for at least 45 days. In no event does the
7court have the power to absolve a person who violates this
8subdivision from the obligation of spending at least 45 days in
9confinement in a county jail.
10In any accusatory pleading charging a violation of subdivision
11(b), if the defendant has been previously convicted two or more
12times of a violation of that subdivision, each of these previous
13convictions shall be charged in the accusatory pleading. If two or
14more of these previous convictions are found to be true by the jury,
15upon a jury trial, or by the court, upon a court trial, or are admitted
16by the defendant, the defendant shall be imprisoned in a county
17jail for a period of not less than 90 days and shall not be eligible
18for release upon completion of sentence, on probation, on parole,
19on work furlough or work release, or on any other basis until he
20or she has served a period of not less than 90 days in a county jail.
21In all cases in which probation is granted, the court shall require
22as a condition thereof that the person be confined in a county jail
23for at least 90 days. In no event does the court have the power to
24absolve a person who violates this subdivision from the obligation
25of spending at least 90 days in confinement in a county jail.
26In addition to any punishment prescribed by this section, a court
27may suspend, for not more than 30 days, the privilege of the person
28to operate a motor vehicle pursuant to Section 13201.5 of the
29Vehicle Code for any violation of subdivision (b) that was
30committed within 1,000 feet of a private residence and with the
31use of a vehicle. In lieu of the suspension, the court may order a
32person’s privilege to operate a motor vehicle restricted, for not
33more than six months, to necessary travel to and from the person’s
34place of employment or education. If driving a motor vehicle is
35necessary to perform the duties of the person’s employment, the
36court may also allow the person to drive in that person’s scope of
38(l) (1) A second or
subsequent violation of subdivision (j) is
39punishable by imprisonment in a county jail not exceeding one
P7 1year, or by a fine not exceeding two thousand dollars ($2,000), or
2by both that fine and imprisonment.
3(2) If the victim of a violation of subdivision (j) was a minor at
4the time of the offense, the violation is punishable by imprisonment
5in a county jail not exceeding one year, or by a fine not exceeding
6two thousand dollars ($2,000), or by both that fine and
8(m) (1) If a crime is committed in violation of subdivision (b)
9and the person who was solicited was a minor at the time of the
10offense, and if the defendant knew or should have known that the
11person who was solicited was a minor at the time of the offense,
12the violation is punishable by imprisonment in a county jail for
13not less than two days and not more than one year, or by a fine not
14exceeding ten thousand dollars ($10,000), or by both that fine and
16(2) The court may, in unusual cases, when the interests of justice
17are best served, reduce or eliminate the mandatory two days of
18imprisonment in a county jail required by this subdivision. If the
19court reduces or eliminates the mandatory two days’ imprisonment,
20the court shall specify the reason on the record.
Section 653.22 of the Penal Code is amended to read:
begin deleteIt end deleteis
23unlawful for any person to loiter in any public place with the intent
24to commit prostitution. This intent is evidenced by acting in a
25manner and under circumstances
begin delete whichend delete openly demonstrate
26the purpose of inducing, enticing, or soliciting prostitution, or
27procuring another to commit prostitution.
3(b) Among the circumstances that may be considered in
4determining whether a person loiters with the intent to commit
5prostitution are that the person:
6(1) Repeatedly beckons to, stops, engages in conversations with,
7or attempts to stop or engage in conversations with passersby,
8indicative of soliciting for prostitution.
9(2) Repeatedly stops or attempts to stop motor vehicles by
10hailing the drivers, waving arms, or making any other bodily
11gestures, or engages or attempts to engage the drivers or passengers
12of the motor vehicles in conversation, indicative of soliciting for
14(3) Has been convicted of violating this section, subdivision (a)
15or (b) of Section 647, or any other offense relating to or involving
16prostitution, within five years of the arrest under this section.
17(4) Circles an area in a motor vehicle and repeatedly beckons
18to, contacts, or attempts to contact or stop pedestrians or other
19motorists, indicative of soliciting for prostitution.
20(5) Has engaged, within six months prior to the arrest under this
21section, in any behavior described in this subdivision, with the
22exception of paragraph (3), or in any other behavior indicative of
24(c) The list of circumstances set forth in subdivision (b) is not
25exclusive. The circumstances set forth in subdivision (b) should
26be considered particularly salient if they occur in an area that is
27known for prostitution activity. Any other relevant circumstances
28may be considered in determining whether a person has the
29requisite intent. Moreover, no one circumstance or combination
30of circumstances is in itself determinative of intent. Intent must
31be determined based on an evaluation of the particular
32circumstances of each case.
If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.