Amended in Senate April 29, 2014

Amended in Senate April 9, 2014

Amended in Senate March 17, 2014

Senate Bill No. 982

Introduced by Senator Huff

(Coauthors: Senators Berryhill begin insert , Cannella, end insert and Lieu)

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

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. begin insert Existing law requires a person convicted of seeking to procure or procuring the sexual services of a prostitute in violation of these provisions, if the prostitute is under 18 years of age, to pay an additional fine in an amount not to exceed $25,000. end insert

This bill would, instead, 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, for a person who, in violation of the above provisions, solicits an act of prostitution from, begin insert agrees to engage in an act of prostitution with, end insert or engages in an act of prostitution with, begin delete a end delete begin insert another end insert person begin delete who is end delete under 18 years of age begin delete and the defendant end delete begin insert whom the person end insert knows or begin insert reasonably end insert should know begin delete that the person end delete is under 18 years of age. The bill would make a begin delete second end delete begin insert 2nd end insert or subsequent violation of that offense a felony, punishable in a county jail for 16 months or 2 or 3 years. begin insert The bill would also impose an additional fine in an amount not to exceed $25,000 for a violation of these provisions. end 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. By increasing the punishment for a crime, begin delete this end delete begin insert the end insert 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, in violation of subdivision (b) of
Section 647, solicits an act of prostitution from, begin insert agrees to engage
in an act of prostitution with, end insert or engages in an act of prostitution
with, begin delete a end delete begin insert another end insert person under 18 years of age begin delete and the defendant end delete
begin insert whom the person end insert knows or reasonably should know begin delete the other
person end delete 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.

begin delete

(b) Any person who, in violation of subdivision (b) of Section
647, solicits an act of prostitution from, or engages in an act of
prostitution with, a person who is under 18 years of age, shall be
ordered by the court,

end delete

begin insert (3) end insert begin insert   end insert begin insert The court shall, end insert in addition to any other penalty or fine
imposed, begin insert order the person end insert to pay an additional fine in an amount
not to exceed twenty-five thousand dollars ($25,000).

begin delete

(c)

end delete

begin insert (b) end insert  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.

begin delete

(d)

end delete

begin insert (c) end insert  This section begin delete applies end delete begin insert shall apply end insert only to the person who
exchanged, or offered to exchange, anything of value with the
other person in return for a lewd act.

begin insert

(d) Prosecution under this section shall not prohibit prosecution
under any other provision of law.

end insert

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 a public place or in a place open to the
public or exposed to public view.

(b) Who solicits or who agrees to engage in or who engages in
an 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 a public place or in a place
open to the public for the purpose of begging or soliciting alms.

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

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

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

(3) A 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
an inhabited building or structure, without visible or lawful
business with the owner or occupant.

(j) (1) A 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) A 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) A 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) A 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 an 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 an 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 a 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.