Amended in Senate April 9, 2014

Amended in Senate March 17, 2014

Senate Bill No. 982

Introduced by Senator Huff

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(Coauthors: Senators Berryhill and Lieu)

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(Coauthors: Assembly Members Chávez, Olsen, and Wagner)

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February 11, 2014

An act to amend Sections 261.9 and 647 of the Penal Code, relating to sex offenses.

LEGISLATIVE COUNSEL’S DIGEST

SB 982, as amended, Huff. Prostitution: minors: punishment.

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, punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.

This bill would, begin delete notwithstanding the above provisions, end delete begin insert instead, end insert make it either a misdemeanor, punishable by not more than one year in a county jail, or a felony, punishable in a county jail for 16 months or 2 or 3 years, begin delete the first time a person seeks to procure or procures the sexual services of a prostitute in violation of the above provisions if the prostitute end delete begin insert for a person who, in violation of the above provisions, solicits an act of prostitution from, or engages in an act of prostitution with, a person who end insert is under 18 years of age and the defendant knows or should know that the begin delete prostitute end delete begin insert person end insert is under 18 years of age. The bill would make a second or subsequent violation of that offense a felony, punishable in a county jail for 16 months or 2 or 3 years. begin insert These provisions would apply only to the person who exchanged, or offered to exchange, anything of value with the other person in return for a lewd act. end insert By increasing the punishment for a crime, this 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 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:

SECTION 1.  

Section 261.9 of the Penal Code is amended to
read:

261.9.  

(a) A person who begin delete seeks to procure or does procure the
sexual services of a prostitute end delete begin insert , end insert in violation of subdivision (b) of
Section 647, begin delete if the prostitute is end delete begin insert solicits an act of prostitution from,
or engages in an act of prostitution with, a person end insert under 18 years
of age and the defendant knows or reasonably should know the
begin delete prostitute end delete begin insert other person end insert is under 18 years of age, shall be punished
as follows:

(1) For the first conviction, either as a misdemeanor or as a
felony punishable by imprisonment pursuant to subdivision (h) of
Section 1170.

(2) For the second or subsequent conviction, as a felony
punishable by imprisonment pursuant to subdivision (h) of Section
1170.

(b) Any person begin delete convicted of seeking to procure or procuring
the sexual services of a prostitute end delete begin insert who, end insert in violation of subdivision
(b) of Section 647, begin delete if the prostitute end delete begin insert solicits an act of prostitution
from, or engages in an act of prostitution with, a person who end insert is
under 18 years of age, shall be ordered by the court, in addition to
any other penalty or fine imposed, to pay an additional fine in an
amount not to exceed twenty-five thousand dollars ($25,000).

(c) Every fine imposed and collected pursuant to this section
shall, upon appropriation by the Legislature, be available to fund
programs and services for commercially sexually exploited minors
in the counties where the underlying offenses are committed.

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(d) This section applies only to the person who exchanged, or
offered to exchange, anything of value with the other person in
return for a lewd act.

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SEC. 2.  

Section 647 of the Penal Code is amended to read:

647.  

Except as provided in subdivision (a) of Section 261.9
and subdivision (l), every person who commits any of the following
acts is guilty of disorderly conduct, a misdemeanor:

(a) Who solicits anyone to engage in or who engages in lewd
or dissolute conduct in begin delete any end delete begin insert a end insert public place or in begin delete any end delete begin insert a end insert place open
to the public or exposed to public view.

(b) Who solicits or who agrees to engage in or who engages in
begin delete any end delete begin insert an end insert 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.
An agreement to engage in an act of prostitution shall not 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.

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

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

(e) Who lodges in begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert public place under the influence of
intoxicating liquor, begin delete any end delete begin insert a end insert drug, controlled substance, toluene, or
any combination of begin delete any end delete 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, begin delete any end delete begin insert a end insert drug, controlled substance, toluene, or begin delete any end delete begin insert a end insert
combination of begin delete any end delete intoxicating liquor, drug, or toluene, interferes
with or obstructs or prevents the free use of begin delete any end delete begin insert a end insert 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 that 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)  begin delete Any end delete begin insert A end insert person who is under the influence of begin delete any end delete begin insert a end insert drug, or
under the combined influence of intoxicating liquor and begin delete any end delete begin insert a end insert
drug.

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

(3)  begin delete Any end delete begin insert A end insert 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
begin delete any end delete begin insert an end insert inhabited building or structure, without visible or lawful
business with the owner or occupant.

(j) (1)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert A end insert person who photographs or records by any means
the image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, and the person subsequently
distributes the image taken, with the intent to cause serious
emotional distress, and the depicted person suffers serious
emotional distress.

(B) As used in this paragraph, intimate body part means any
portion of the genitals, 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 visible through less than fully opaque clothing.

(C) Nothing in this subdivision precludes punishment under
any section of law providing for greater punishment.

(k) In begin delete any end delete begin insert an end insert 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.

In begin delete any end delete begin insert an end insert 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.

In 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 begin delete any end delete begin insert a end insert 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.

SEC. 3.  

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