BILL ANALYSIS �
AB 2424
Page 1
ASSEMBLY THIRD READING
AB 2424 (Campos)
As Introduced February 21, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Increases the maximum fine for abduction or
procurement by fraudulent inducement for prostitution from
$2,000 to $10,000.
EXISTING LAW :
1)Provides every person who, within this state, takes any person
against his or her will and without his or her consent, or
with his or her consent procured by fraudulent inducement or
misrepresentation, for the purpose of prostitution, as
defined, is punishable by imprisonment in the state prison for
16 months, two, or three years, and a fine not exceeding
$2,000.
2)Specifies that it is misdemeanor disorderly conduct when any
person who solicits or who agrees to engage in or who engages
in any act of prostitution. A person agrees to engage in an
act of prostitution when, with specific intent to so engage,
he or she manifests an acceptance of an offer or solicitation
to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to
engage in prostitution. No agreement to engage in an act of
prostitution shall constitute a violation of this subdivision
unless some act, in addition to the agreement, is done within
this state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that act. As
used in this subdivision, "prostitution" includes any lewd act
between persons for money or other consideration.
3)States that a person is guilty of disorderly conduct, a
misdemeanor, when a person solicits or agrees to engage in or
AB 2424
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engages in any act of prostitution, as defined. No agreement
to engage in an act of prostitution constitute a violation of
this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the
commission of an act of prostitution by the person agreeing to
engage in that act.
4)Requires in any accusatory pleading charging a defendant with
solicitation or prostitution, as specified, if the defendant
has been once previously convicted of a violation those
provisions, the previous conviction shall be charged in the
accusatory pleading.
5)Provides the following penalties if the defendant has
previously been convicted of solicitation or prostitution:
a) If it is proven that the defendant has one previous
conviction, the defendant shall be imprisoned in a county
jail for a period of not less than 45 days; or
b) If it is proven that the defendant has two or more of
these previous convictions, the defendant shall be
imprisoned in a county jail for a period of not less than
90 days.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 2424 increases the
maximum penalty for forced prostitution from $2,000 to $10,000.
It's been 30 years since the Legislature established the $2,000
fine for forcing someone into prostitution.
"Since then, we have added a fine of $10,000 for stealing a car,
defrauding the state of printing materials, dumping pollution
into a river and vandalizing property with graffiti.
"However, this has not been the case with forced prostitution.
The current penalty of $2,000 is nothing in comparison to the
terrible and profitable nature of forced prostitution. It is a
crime that has repercussions which far exceed that of stealing a
car or other similar crimes.
"It is time that we create a stronger penalty for this awful
crime. The reality is that prostitution has changed since the
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1980s because of the shocking rise in human trafficking. The
internet, social media and international trade have made it
easier to kidnap, sell and force people into the sex trade.
Given this tragic explosion of human trafficking, this penalty
is long overdue to be updated."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003315