SB 1129: Prostitution: sanctions.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-27
Existing law provides that a person who solicits or agrees to engage in or engages in lewd or dissolute conduct in public, as specified, or an act of prostitution is guilty of disorderly conduct, a misdemeanor. If a defendant is convicted a 2nd time of an act of prostitution, as specified, existing law requires the defendant to be imprisoned in a county jail for a period of not less than 45 days, as specified, and if the defendant is convicted 3 or more times, that minimum period of imprisonment is not less than 90 days, as specified.
This bill would delete those mandatory minimum terms of incarceration imposed for engaging in prohibited acts relating to prostitution.
This bill would incorporate additional changes to Section 647 of the Penal Code, proposed by SB 420, SB 1322, and AB 1708, that would become operative only if this bill and one or more of those other bills are enacted and become effective January 1, 2017, and this bill is chaptered last.
Existing law provides that a person who solicits or agrees to engage in or engages in lewd or dissolute conduct in public, as specified, or an act of prostitution is guilty of disorderly conduct, a misdemeanor. If a defendant is convicted a 2nd time of an act of prostitution, as specified, existing law requires the defendant to be imprisoned in a county jail for a period of not less than 45 days, as specified, and if the defendant is convicted 3 or more times, that minimum period of imprisonment is not less than 90 days, as specified.
This bill would delete those mandatory minimum terms of incarceration imposed for engaging in prohibited acts relating to prostitution.
This bill would incorporate additional changes to Section 647 of the Penal Code, proposed by SB 420, SB 1322, and AB 1708, that would become operative only if this bill and one or more of those other bills are enacted and become effective January 1, 2017, and this bill is chaptered last.
Existing law provides that a person who solicits or agrees to engage in or engages in lewd or dissolute conduct in public, as specified, or an act of prostitution is guilty of disorderly conduct, a misdemeanor. If a defendant is convicted a 2nd time of an act of prostitution, as specified, existing law requires the defendant to be imprisoned in a county jail for a period of not less than 45 days, as specified, and if the defendant is convicted 3 or more times, that minimum period of imprisonment is not less than 90 days, as specified.
Existing law also authorizes a court to suspend, for not more than 30 days, the privilege of a person to operate a motor vehicle if a defendant is convicted of one of the disorderly conduct crimes described above, as specified, and the crime was committed within 1,000 feet of a private residence and with the use of a private vehicle.
This bill would delete those additional sanctions mandatory minimum terms of incarceration imposed for engaging in prohibited acts relating to prostitution.
This bill would incorporate additional changes to Section 647 of the Penal Code, proposed by SB 420, SB 1322, and AB 1708, that would become operative only if this bill and one or more of those other bills are enacted and become effective January 1, 2017, and this bill is chaptered last.
Existing law provides that a person who solicits or agrees to engage in or engages in lewd or dissolute conduct in public, as specified, or an act of prostitution is guilty of disorderly conduct, a misdemeanor. If a defendant is convicted a 2nd time of an act of prostitution, as specified, existing law requires the defendant to be imprisoned in a county jail for a period of not less than 45 days, as specified, and if the defendant is convicted 3 or more times, that minimum period of imprisonment is not less than 90 days, as specified.
Existing law also authorizes a court to suspend, for not more than 30 days, the privilege of a person to operate a motor vehicle if a defendant is convicted of one of the disorderly conduct crimes described above, as specified, and the crime was committed within 1,000 feet of a private residence and with the use of a private vehicle.
This bill would delete those additional sanctions imposed for engaging in prohibited acts relating to prostitution.
Except as provided in 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 any public place or in any place open to the public or exposed to public view.
(b)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. An agreement to engage in an act of prostitution does 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 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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.1.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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (2) of subdivision (b) 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 any public place or in any place open to the public or exposed to public view.
(b)(1)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. An agreement to engage in an act of prostitution does 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.
(2)Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.3.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value, and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.5.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.6.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.7.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specified intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 2.(a)Section 1.1 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 420. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, and (3) Senate Bill 1322 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 420, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 1322. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 1322, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Assembly Bill 1708. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Senate Bill 1322 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)Section 1.4 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Senate Bill 1322. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Assembly Bill 1708 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Senate Bill 1322, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)Section 1.5 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 1322 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)Section 1.6 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 420 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1322 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g)Section 1.7 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2017, (2) all four bills amend Section 647 of the Penal Code, and (3) this bill is enacted after Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
Except as provided in 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 any public place or in any place open to the public or exposed to public view.
(b)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. An agreement to engage in an act of prostitution does 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 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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.1.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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (2) of subdivision (b) 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 any public place or in any place open to the public or exposed to public view.
(b)(1)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. An agreement to engage in an act of prostitution does 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.
(2)Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.3.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value, and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.5.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.6.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 1.7.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), a 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specified intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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. 2.(a)Section 1.1 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 420. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, and (3) Senate Bill 1322 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 420, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 1322. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 1322, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Assembly Bill 1708. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Senate Bill 1322 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)Section 1.4 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Senate Bill 1322. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Assembly Bill 1708 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Senate Bill 1322, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)Section 1.5 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 1322 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)Section 1.6 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 420 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1322 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g)Section 1.7 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2017, (2) all four bills amend Section 647 of the Penal Code, and (3) this bill is enacted after Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
Except as provided in subdivision (k), (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 any public place or in any place open to the public or exposed to public view.
(b)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. An agreement to engage in an act of prostitution does 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 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)If 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 does not apply to the following persons:
(1)A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)A 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)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 any 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 does 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 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons scope of employment.
(k)
(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.
(l)
(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.
SEC. 2.Section 13201.5 of the Vehicle Code is repealed.SEC. 1.1.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)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b) 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
(4)A manifestation of 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 does not constitute a violation of this subdivision unless some act, in addition to the agreement, manifestation of acceptance is done within this state in furtherance of the commission of an the act of prostitution by the person agreeing 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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
In
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (2) of subdivision (b) 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 any public place or in any place open to the public or exposed to public view.
(b)(1)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 An agreement to engage in an act of prostitution shall does 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.
(2)Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
In
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.3.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), every a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value, and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b) 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
(4)A manifestation of 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 does not constitute a violation of this subdivision unless some act, in addition to the agreement, manifestation of acceptance, is done within this state in furtherance of the commission of an the act of prostitution by the person agreeing 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
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(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b) 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
(4)A manifestation of 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 does not constitute a violation of this subdivision unless some act, in addition to the agreement, manifestation of acceptance is done within this state in furtherance of the commission of an the act of prostitution by the person agreeing 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.
(5)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
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(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.5.Section 647 of the Penal Code is amended to read:647.Except as provided in subdivision (l), every a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual 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 by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b) 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
(4)A manifestation of 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 does not constitute a violation of this subdivision unless some act, in addition to the agreement, manifestation of acceptance is done within this state in furtherance of the commission of an the act of prostitution by the person agreeing 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
In
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.6.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), every a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person with the intent to receive compensation, money, or anything of value and with the specific intent to so engage.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b)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
(4)A manifestation of 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 does not constitute a violation of this subdivision unless some act, in addition to the agreement, manifestation of acceptance, is done within this state in furtherance of the commission of an the act of prostitution by the person agreeing 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
In
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 1.7.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (8) of subdivision (b) and subdivision (l), every a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a)Who 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 solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specified intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2)An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual 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 by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual 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 by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(b)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.
(4)A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not 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.
(5)Except as provided in paragraph (6), a violation of paragraph (2) or (3) is punishable by imprisonment in a county jail for not less than 72 hours and not more than six months and by a fine of not less than two hundred fifty dollars ($250) but not exceeding one thousand dollars ($1,000). An amount of two hundred fifty dollars ($250) of the fine shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of paragraph (2) or (3), a person is not 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 24 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 24 hours. The court shall order that a person punished under this subdivision, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 24 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(6)If a defendant violates paragraph (3) and knew or should have known that the person who was solicited was a minor at the time of the offense, or if a defendant violates paragraph (2) and the person who was solicited was a person posing as a minor and the defendant had specific intent to solicit a minor, the violation is punishable by imprisonment in a county jail for not less than 72 hours and not more than one year and by a fine not less than one thousand dollars ($1,000) but not exceeding ten thousand dollars ($10,000). The fine imposed shall be deposited in the treasury of the county in which the offense occurred and used by the county to fund services for victims of human trafficking. Upon a violation of this paragraph, a person is not 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 48 continuous hours in a county jail. In all cases in which probation is granted, the court shall require as a condition of probation that the person be confined in a county jail for at least 48 hours. The court shall order that a person punished under this paragraph, who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the persons work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendants attorney or upon an affidavit or testimony from the defendant.
(7)This subdivision does not prohibit prosecution under any other law.
(8)Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
In
(k)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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons 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.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 420. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, and (3) Senate Bill 1322 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 420, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Senate Bill 1322. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Assembly Bill 1708 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 1322, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 647 of the Penal Code proposed by both this bill and Assembly Bill 1708. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 647 of the Penal Code, (3) Senate Bill 420 and Senate Bill 1322 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)Section 1.4 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Senate Bill 1322. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Assembly Bill 1708 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Senate Bill 1322, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)Section 1.5 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 1322 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 420 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)Section 1.6 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 647 of the Penal Code, (3) Senate Bill 420 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1322 and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g)Section 1.7 of this bill incorporates amendments to Section 647 of the Penal Code proposed by this bill, Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708. It shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2017, (2) all four bills amend Section 647 of the Penal Code, and (3) this bill is enacted after Senate Bill 420, Senate Bill 1322, and Assembly Bill 1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
Except as provided in subdivision (l), (k), 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 any public place or in any place open to the public or exposed to public view.
(b)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 An agreement to engage in an act of prostitution shall does 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 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 If 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 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 does not apply to the following persons:
(1)Any A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2)Any A 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 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 any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)Any 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 does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2)Any 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)Any 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)Any A 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 does not preclude punishment under any section of law providing for greater punishment.
(k)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.
In 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.
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 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 persons privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons scope of employment.
(l)
(k)(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)
(l)(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.
SEC. 2.Section 13201.5 of the Vehicle Code is repealed.13201.5.(a)A court may suspend, for not more than 30 days, the privilege of any person to operate a motor vehicle upon conviction of subdivision (b) of Section 647 of the Penal Code where the violation was committed within 1,000 feet of a private residence and with the use of a vehicle.
(b)A court may suspend, for not more than 30 days, the privilege of any person to operate a motor vehicle upon conviction of subdivision (a) of Section 647 of the Penal Code, where a peace officer witnesses the violator pick up a person who is engaging in loitering with the intent to commit prostitution, as described in Section 653.22 of the Penal Code, and the violator subsequently engages with that person in a lewd act within 1,000 feet of a private residence and with the use of a vehicle.
(c)Instead of ordering the suspension under subdivision (a) or (b), a court may order a persons privilege to operate a motor vehicle restricted for not more than six months to necessary travel to and from the persons place of employment or education. If driving a motor vehicle is necessary to perform the duties of the persons employment, the court may also allow the person to drive in that persons scope of employment.
|
Date
|
Status
|
|---|---|
| May 3, 2016 | In Assembly. Read first time. Held at Desk. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug 24, 2016 | Assembly amendments concurred in. (Ayes 24. Noes 14.) Ordered to engrossing and enrolling. |
| Aug 19, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2016 | Read third time. Passed. (Ayes 41. Noes 29. Page 5925.) Ordered to the Senate. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | Read third time and amended. |
| Aug 4, 2016 | Ordered to third reading. |
| Jun 16, 2016 | Read second time. Ordered to third reading. |
| Jun 15, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (June 14). |
| May 9, 2016 | Referred to Com. on PUB. S. |
| Feb 17, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 2, 2016 | Read third time. Passed. (Ayes 23. Noes 14.) Ordered to the Assembly. |
| May 2, 2016 | Read third time. Passed. (Ayes 23. Noes 14. Page 3737.) Ordered to the Assembly. |
| Apr 21, 2016 | Read second time. Ordered to third reading. |
| Apr 20, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (April 19). |
| Apr 20, 2016 | From committee: Do pass. (Ayes 5. Noes 2. Page 3613.) (April 19). |
| Apr 1, 2016 | Set for hearing April 19. |
| Mar 31, 2016 | Set for hearing April 12. |
| Mar 31, 2016 | April 12 hearing postponed by committee. |
| Feb 25, 2016 | Referred to Com. on PUB. S. |
| Feb 18, 2016 | From printer. May be acted upon on or after March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2016 | Unfinished Business SB1129 Monning Concurrence | Senate Floor |
Passed |
|
| Aug 18, 2016 | SB 1129 Monning Senate Third Reading By GARCIA, C. | Assembly Floor |
Passed |
|
| Jun 14, 2016 | Do pass. | Assembly Standing Committee on Public Safety |
Passed |
|
| May 2, 2016 | Senate 3rd Reading SB1129 Monning | Senate Floor |
Passed |
|
| Apr 19, 2016 | Do pass | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association of Certified Family Law Specialists | * Against | Jul 3, 2018 |
| California Attorneys For Criminal Justice | * Support | Jun 14, 2016 |
| California District Attorneys Association | * Against | Jun 14, 2016 |
| California Lawyers Association | * Against Unless Amend | Jul 3, 2018 |
| California Public Defenders Association | ** Support | Aug 24, 2016 |
| Erotic Service Providers Union | ** Against | Jun 14, 2016 |
| Judicial Council of California | * Against | Jul 3, 2018 |
| Legal Services for Prisoners with Children | ** Support | Aug 24, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1129
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/19/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson, Stone
SENATE FLOOR: 23-14, 5/2/16
AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Vidak
NO VOTE RECORDED: Galgiani, Hertzberg, Runner
ASSEMBLY FLOOR: 41-29, 8/18/16 - See last page for vote
SOURCE: California Public Defenders Association
DIGEST: This bill repeals statutory provisions imposing mandatory minimum prostitution jail terms, including for those who accept probation, for repeat offenders.
Assembly Amendments authorize a court to restrict the driver’s license of a person who is convicted of repeated prostitution offenses.
Existing law:
- Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration. (Pen. Code § 647, subd. (b).)
- Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor. (Pen. Code § 647, subd. (a).)
- Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
- Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
- Authorizes a sentencing court to suspend the driver’s license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a “private residence.” The court may restrict for six months the person’s driving privilege to necessary travel to and from the person’s place of employment or education. If operation of a motor vehicle is necessary for the performance of the person’s employment duties, the court may allow driving for that purpose. (Pen. Code § 647, subd. (k); Veh. Code § 13201.5.)
This bill repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence.
Background
According to the author:
Mandatory minimum sentencing laws grew largely out of 1980’s tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted much of sentencing from rehabilitation to punishment and deterrence. Statutory minimum sentences have increased jail and prison populations over subsequent decades and stripped the court’s ability to address the underlying issues that cause a person to offend in the first place.
California’s prostitution laws contain some of the harshest mandatory misdemeanor penalties by requiring a mandatory minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second prostitution conviction… an offender must serve a minimum of 45 days in county jail, and 90 days upon a third conviction. The court can also … restrict an individual’s ability to drive for up to six months, so long as the offense involved the use of a vehicle, or was committed within a thousand feet of a residence. These sentences are based on the assumption that mandatory jail time will deter future offenders. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective. An October, 2011 United States Sentencing Commission report to the US Congress state that: “Some scholars counter the claims…that [mandatory minimum] penalties serve as an effective deterrent to crime. …[R]esearch … has found little evidence to support the argument that mandatory minimums prevent crime. In fact, many assert … [that] certainty of punishment through the prosecution of more offenders … is the more cost effective deterrent compared to the severity of punishment…” (Page 98)
California’s prison and jail overcrowding problem … has culminated in the realignment of the entire criminal justice system, pushing supervision of more serious offenders to the county jails, and an increase in the use of… supervision for low-level…offenses. Requiring a “john” or sex-worker to spend a minimum of 45, or 90 days in jail … creates the potential for the need to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
Additionally, the mandatory sentences required under conviction of Penal Code 647 … specifically forbid judicial intervention. This … prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. The Sentencing Commission’s 2011 report further describes that: “[T]he Judicial Conference has long urged Congress ‘to reconsider the wisdom’ of mandatory minimum penalties because they ‘block judges from considering the individual circumstances of particular cases.’ …[T]he resulting sentence may be unfair or irrational.” (Page 95)
Mandatory jail time also creates a potential disincentive for offenders to take part in … probation or treatment, as an offender may opt to choose the 45 days in jail in order to avoid [lengthy] supervision and drug treatment. A mandatory sentence shifts discretion from judges to prosecutors who can create their own charging schemes and use the threat of incarceration to gain plea-deal convictions. Many of those who engage in prostitution are victims of human trafficking and forced into sex work. They should not be incarcerated for 45 to 90 days. Ending mandatory minimums will allow judges to recognize trafficking and use discretion in sentencing. Judges will have discretion to order a sentence longer than 90 days for a recidivist john, or recommend diversion for trafficking victims.
Under existing law, if the court does not impose sentence for a repeated prostitution offenses, but places the defendant on probation, the 45 and 90-day terms must be imposed as a condition of probation – the same penalty as the minimum penalty for an executed sentence. Many, if not most, county jails are crowded, particularly in urban areas. A defendant who is convicted of a prostitution offense in a county with crowded jail conditions would very likely refuse probation because he would know that he would not serve more than 45 or 90 days, depending on whether it is the second or subsequent offense, upon a straight sentence without probation.
A defendant who is not on probation cannot be monitored by the probation department or the court. A defendant who is not on probation cannot be ordered to engage in rehabilitative or restorative justice programs. If the odds of getting caught committing such a crime is low, and that may be likely, such a person could remain a significant source of demand for prostitution.
A 2008 John Jay College study of commercially, sexually exploited homeless youth in New York city found that these young people often sought out customers and found customers for each other. https://www.ncjrs.gov/pdffiles1/nij/grants/225083.pdf, pp 48-49,. 32-102. Sexually exploited youth sought older white customers who were perceived to have more money, although the actual range of customers was relatively wide. A 2012 New Yorker article reported that these young people in lived in harsh conditions and risked becoming “lifers” on the street. Programs and services for them were scarce and typically short-term. http://www.newyorker.com/magazine/2012/12/10/netherland
A draft University of Chicago study by Steven Levitt and Sudhir Alladi Venkatesh (Freakonomics) examined street-level prostitution in certain Chicago neighborhoods known for prostitution, including a neighborhood where prostitution was controlled by pimps and a neighborhood where prostitutes were independent. Levitt estimated that there were 1,200 acts of prostitution per arrest, indicating that even street-level prostitution customers generally need not fear arrest. The Chicago study noted that more upscale prostitution occurred over the Internet and through escort services, where the likelihood of arrest was low. Freakonomics publications later noted that the cost of prostitution had declined in recent decades, likely indicating that customers were spread across economic classes.
Levitt found “many men making a few visits and a small number of men making very frequent visits.” He found that 25 johns were arrested twice and 2,969 johns were arrested once. As in the Western Criminology Review study discussed in Comment # 6, Leavitt concluded that some men may have learned from one arrest how to avoid another. However, some johns may have been arrested multiple times because they were not good at distinguishing between an actual prostitute and a police decoy.
A 2008 review in the Electronic Journal of Human Sexuality of studies from cities across the country found wide variance in education, income and ethnicity among prostitution customers. There were some regional differences, such as lower levels of education in Indianapolis, marginally higher income in Portland, Oregon.
A study in 2002 in the Western Criminology Review of a now defunct first-offender program in Portland, Oregon (SEEP) found very low recidivism rates for all prostitution arrestees, regardless of whether they participated in SEEP, were referred to SEEP but did not attend, or were not referred to the program. The study considered only a two-year period and a relatively small number of offenders. The researchers inferred from the data that an arrest, per se, could have deterred offenders, as prostitution offenses involve significant shame. The authors, however, also questioned if the offenders continued to solicit prostitutes but simply learned how to avoid arrest. They could not say whether the education from the SEEP program would have led the participants to a avoid prostitution for a substantial time in the future.
A number of other cities adopted special first-offender prostitution diversion programs that educate “johns” about the harms caused by or attendant to the commercial sex trade. The San Francisco program – First Offender Prostitution Program (FOPP) – was one of the first of these programs. The program required men arrested for the first time for a prostitution offense to attend a one-day course of the harms caused or exacerbated by the demand for prostitution. Men who completed the course were diverted out of the criminal justice system. A report on the San Francisco FOPP conducted by Abt Associates concluded that program was well run and effective. The claims of a sharp drop in recidivism in the Abt report have been harshly criticized and questioned. One study by researchers from DePaul University and American University found methodological flaws in the Abt report. The study from the Western Criminology Review (noted above) found that recidivism rates attributable to FOPP programs are difficult to measure, as johns arrested for prostitution offenses can easily learn how to avoid arrest. Further, the increasing shift of prostitution to the Internet makes it difficult to measure recidivism.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Public Defenders Association (source)
American Civil Liberties Union
Legal Services for Prisoners with Children
OPPOSITION: (Verified 8/18/16)
None received
ASSEMBLY FLOOR: 41-29, 8/18/16
AYES: Achadjian, Alejo, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chau, Chu, Cooley, Dababneh, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Travis Allen, Arambula, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Daly, Beth Gaines, Gallagher, Gray, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mayes, Melendez, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Campos, Chiu, Cooper, Frazier, Roger Hernández, Mathis, Nazarian, Obernolte, Olsen, Williams
8/19/16 19:21:39
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1129
Author:(Monning)
As Amended Ver:August 4, 2016
Majority vote
SENATE VOTE: 23-14
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Lopez, Low, Quirk, Santiago | Melendez, Lackey |
SUMMARY: Repeals specified mandatory minimum sentences for specified prostitution offenses. Specifically, this bill repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence as follows:
- Eliminates the requirement that a person convicted for a second prostitution offense must serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Eliminates the requirement that a person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation.
EXISTING LAW:
- Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration.
- Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor.
- Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation.
- Authorizes a sentencing court to suspend the driver's license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a "private residence." The court may restrict for six months the person's driving privilege to necessary travel to and from the person's place of employment or education. If operation of a motor vehicle is necessary for the performance of the person's employment duties, the court may allow driving for that purpose.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Mandatory minimum sentencing laws grew largely out of 1980's tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted sentencing many crimes from a rehabilitative approach, to a punitive, deterrence centered approach. The creation of statutory minimum sentences has not only increased jail and prison populations over subsequent decades; they have also stripped the court's ability to address the underlying issues that cause a person to offend in the first place.
"California's misdemeanor crime provisions for prostitution contain some of the harshest mandatory penalties of all the current misdemeanor offenses by requiring a mandatory, minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second conviction of prostitution charges an offender must serve a minimum of 45 days in county jail, and 90 days upon a third misdemeanor conviction. The mandatory sentence found in Penal Code 647 exists under the assumption that mandatory jail time will deter future offenders from engaging in prostitution. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective.
"California's prison and jail overcrowding problem has reached crisis levels, and has culminated in pushing supervision of more serious offenders down to the county jails. Requiring a 'john' or sex-worker to spend a minimum of 45, or even 90 days in county jail for a misdemeanor like prostitution creates the potential for jails needing to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
"Additionally, the mandatory sentences required under conviction of Penal Code 647 require jail time in all instances, and even goes so far as to specifically forbid judicial intervention. This prohibition on court involvement prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. Mandatory jail time also creates a potential disincentive for offenders to take part in court mandated probation or treatment programs, as an offender may opt to choose the 45 days in jail in order to avoid longer supervision terms or required programs.
"Many of those who engage in prostitution are themselves victims of human trafficking and are often forced into sex work and should not be incarcerated for 45 to 90 days. Providing the courts discretion will allow judges to recognize trafficking and use their discretion in sentencing. With greater discretion a judge can order a sentence longer than 90 days for a recidivist john, or recommend a lesser, more programmatic-oriented option for victims of trafficking.
"SB 1129 will repeal the mandatory minimum sentencing requirements for repeat offenders of prostitution and ensure that California's crowded jails are not burdened with these non-violent, non-serious offenders. Removing mandatory jail time will ensure repeat offenders are still punished for breaking the law, but allows for judicial discretion in determining the suitability of the punishment.
"SB 1129 will also remove the current statutory punishments outlined in Vehicle Code Section 13201.5, which allow the courts to remove a person's driving privileges for engaging in prostitution. These punitive statutes allow a judge to suspend a person's driver's license for up to 30 days, or restrict their driver's license for up to 6 months, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle. This arbitrary and summary removal of a person's license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003813
SENATE THIRD READING
STR Bill Id:SB 1129
Author:(Monning)
As Introduced Ver:February 17, 2016
Majority vote
SENATE VOTE: 23-14
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Lopez, Low, Quirk, Santiago | Melendez, Lackey |
SUMMARY: Repeals specified mandatory minimum sentences for specified prostitution offenses. Specifically, this bill:
- Repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence as follows:
- Eliminates the requirement that a person convicted for a second prostitution offense must serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Eliminates the requirement that a person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation.
- Repeals the specific authority of a court to order suspension of the driver's license of a convicted prostitution defendant if the offense was committed with a vehicle within 1,000 feet of a residence.
EXISTING LAW:
- Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration.
- Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor.
- Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation.
- Authorizes a sentencing court to suspend the driver's license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a "private residence." The court may restrict for six months the person's driving privilege to necessary travel to and from the person's place of employment or education. If operation of a motor vehicle is necessary for the performance of the person's employment duties, the court may allow driving for that purpose.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Mandatory minimum sentencing laws grew largely out of 1980's tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted sentencing many crimes from a rehabilitative approach, to a punitive, deterrence centered approach. The creation of statutory minimum sentences has not only increased jail and prison populations over subsequent decades; they have also stripped the court's ability to address the underlying issues that cause a person to offend in the first place.
"California's misdemeanor crime provisions for prostitution contain some of the harshest mandatory penalties of all the current misdemeanor offenses by requiring a mandatory, minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second conviction of prostitution charges an offender must serve a minimum of 45 days in county jail, and 90 days upon a third misdemeanor conviction. The mandatory sentence found in Penal Code 647 exists under the assumption that mandatory jail time will deter future offenders from engaging in prostitution. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective.
"California's prison and jail overcrowding problem has reached crisis levels, and has culminated in pushing supervision of more serious offenders down to the county jails. Requiring a 'john' or sex-worker to spend a minimum of 45, or even 90 days in county jail for a misdemeanor like prostitution creates the potential for jails needing to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
"Additionally, the mandatory sentences required under conviction of Penal Code 647 require jail time in all instances, and even goes so far as to specifically forbid judicial intervention. This prohibition on court involvement prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. Mandatory jail time also creates a potential disincentive for offenders to take part in court mandated probation or treatment programs, as an offender may opt to choose the 45 days in jail in order to avoid longer supervision terms or required programs.
"Many of those who engage in prostitution are themselves victims of human trafficking and are often forced into sex work and should not be incarcerated for 45 to 90 days. Providing the courts discretion will allow judges to recognize trafficking and use their discretion in sentencing. With greater discretion a judge can order a sentence longer than 90 days for a recidivist john, or recommend a lesser, more programmatic-oriented option for victims of trafficking.
"SB 1129 will repeal the mandatory minimum sentencing requirements for repeat offenders of prostitution and ensure that California's crowded jails are not burdened with these non-violent, non-serious offenders. Removing mandatory jail time will ensure repeat offenders are still punished for breaking the law, but allows for judicial discretion in determining the suitability of the punishment.
"SB 1129 will also remove the current statutory punishments outlined in Vehicle Code Section 13201.5, which allow the courts to remove a person's driving privileges for engaging in prostitution. These punitive statutes allow a judge to suspend a person's driver's license for up to 30 days, or restrict their driver's license for up to 6 months, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle. This arbitrary and summary removal of a person's license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution."
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003456
Date of Hearing: June 14, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1129
Author:(Monning) – As Introduced Ver:February 17, 2016
SUMMARY: Repeals specified mandatory minimum sentences for specified prostitution offenses. Specifically, this bill:
- Repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence as follows:
- Eliminates the requirement that a person convicted for a second prostitution offense must serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Eliminates the requirement that a person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation.
- Eliminates the requirement that a person convicted for a second prostitution offense must serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation.
- Repeals the specific authority of a court to order suspension of the driver’s license of a convicted prostitution defendant if the offense was committed with a vehicle within 1,000 feet of a residence.
EXISTING LAW:
- Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration. (Pen. Code, § 647, subd. (b).)
- Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor. (Pen. Code, § 647, subd. (a).)
- Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. (Pen. Code, § 647, subd. (k).)
- Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. (Pen. Code, § 647, subd. (k).)
- Authorizes a sentencing court to suspend the driver’s license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a “private residence.” The court may restrict for six months the person’s driving privilege to necessary travel to and from the person’s place of employment or education. If operation of a motor vehicle is necessary for the performance of the person’s employment duties, the court may allow driving for that purpose. (Pen. Code, § 647, subd. (k); Veh. Code, § 13201.5.)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, "Mandatory minimum sentencing laws grew largely out of 1980’s tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted sentencing many crimes from a rehabilitative approach, to a punitive, deterrence centered approach. The creation of statutory minimum sentences has not only increased jail and prison populations over subsequent decades; they have also stripped the court’s ability to address the underlying issues that cause a person to offend in the first place.
"California’s misdemeanor crime provisions for prostitution contain some of the harshest mandatory penalties of all the current misdemeanor offenses by requiring a mandatory, minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second conviction of prostitution charges an offender must serve a minimum of 45 days in county jail, and 90 days upon a third misdemeanor conviction. The mandatory sentence found in Penal Code 647 exists under the assumption that mandatory jail time will deter future offenders from engaging in prostitution. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective.
"California’s prison and jail overcrowding problem has reached crisis levels, and has culminated in pushing supervision of more serious offenders down to the county jails. Requiring a 'john' or sex-worker to spend a minimum of 45, or even 90 days in county jail for a misdemeanor like prostitution creates the potential for jails needing to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
"Additionally, the mandatory sentences required under conviction of Penal Code 647 require jail time in all instances, and even goes so far as to specifically forbid judicial intervention. This prohibition on court involvement prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. Mandatory jail time also creates a potential disincentive for offenders to take part in court mandated probation or treatment programs, as an offender may opt to choose the 45 days in jail in order to avoid longer supervision terms or required programs.
"Many of those who engage in prostitution are themselves victims of human trafficking and are often n forced into sex work and should not be incarcerated for 45 to 90 days. Providing the courts discretion will allow judges to recognize trafficking and use their discretion in sentencing. With greater discretion a judge can order a sentence longer than 90 days for a recidivist john, or recommend a lesser, more programmatic-oriented option for victims of trafficking.
"SB 1129 will repeal the mandatory minimum sentencing requirements for repeat offenders of prostitution and ensure that California’s crowded jails are not burdened with these non-violent, non-serious offenders. Removing mandatory jail time will ensure repeat offenders are still punished for breaking the law, but allows for judicial discretion in determining the suitability of the punishment.
"SB 1129 will also remove the current statutory punishments outlined in Vehicle Code Section 13201.5, which allow the courts to remove a person’s driving privileges for engaging in prostitution. These punitive statutes allow a judge to suspend a person’s driver’s license for up to 30 days, or restrict their driver’s license for up to 6 months, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle. This arbitrary and summary removal of a person’s license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution."
- Prostitution Generally: The basic crime of prostitution is a misdemeanor offense. (Pen. Code § 647(b).) Prostitution can be generally defined as "soliciting or agreeing to engage in a lewd act between persons for money or other consideration." Lewd acts include touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person's body for the purpose of sexual arousal or gratification of either person.
To implicate a person for prostitution themselves, the prosecutor must prove that the defendant "solicited" or "agreed" to "engage" in prostitution. A person agrees to engage in prostitution when the person accepts an offer to commit prostitution with specific intent to accept the offer, whether or not the offerer has the same intent.
For the crime of "soliciting a prostitute" the prosecutors must prove that the defendant requested that another person engage in an act of prostitution, and that the defendant intended to engage in an act of prostitution with the other person, and the other person received the communication containing the request. The defendant must do something more than just agree to engage in prostitution. The defendant must do some act in furtherance of the agreement to be convicted. Words alone may be sufficient to prove the act in furtherance of the agreement to commit prostitution
Violation of Pen. Code § 647(b) is a misdemeanor. For a first offense conviction of prostitution the defendant faces up to 180 days in jail. If a defendant has one prior conviction of prostitution he or she must receive a county jail sentence of not less than 45 days. If the defendant has two or more prior convictions, the minimum sentence is 90 days in the county jail.
In addition to the punishment described above, if the defendant has a conviction of prostitution, he or she faces fines, probation, possible professional licensing restrictions or revocations, possible immigration consequences, possible asset forfeiture, and possible driving license restrictions.
Closely associated crimes to prostitution include: abduction of a minor for prostitution (Pen. Code, § 267); seduction for prostitution (Pen. Code, § 266); keeping a house of prostitution (Pen. Code, § 315); leasing a house for prostitution (Pen. Code, § 318); sending a minor to a house of prostitution (Pen. Code, § 273e); taking a person against that person's will for prostitution (Pen. Code 266a); compelling a person to live in an illicit relationship (Pen. Code, § 266b); placing or leaving one's wife in a house of prostitution (Pen. Code, §266g); loitering for prostitution (Pen. Code, § 653.22, subd. (a)); pimping (Pen. Code, § 266h); or, pandering (Pen. Code, § 266i). Most of these crimes are punished much more severely than the underlying prostitution offense, particularly the crimes of pimping, pandering, and procurement.
- Current Law Limits Judicial Discretion to Impose Appropriate Sentences Based on the Facts and Circumstances of a Particular Case: Specifically, current law mandates that upon a conviction of subsequent acts of prostitution, an offender must spend 45 days in county jail for a second offense, and 90 days in county jail for a third offense. Additionally, as applied to both mandatory minimum sentences, a person convicted may have no part of which suspended or reduced by the court regardless of whether or not the court grants probation.
From a policy standpoint, there are no mandatory minimum jail sentences for a variety of offenses that are far more serious than misdemeanor prostitution. For instance, there is no mandatory jail sentence for first time domestic violence offenses, or a wide range of violent felony offenses. This bill takes the discretion from a judge to craft an appropriate remedy in a misdemeanor case. Judges are in the best position to make decisions based on the particular facts and circumstances of a case. Imposing mandatory jail time on a person convicted of prostitution can result in the loss of employment and create problems for the offender that may lead to further criminal acts. Courts have found success in fashioning other remedies that have kept offenders employed, outside of county jails at the public expense, and freed up jail space for more dangerous offenders.
- San Francisco District Attorney’s Office First Offender Prostitution Program (FOPP): FOPP is a court diversion program aimed at reducing the volume and impact of sex buying by targeting those who purchase sex. The program was first started in San Francisco in 1995. The program is based on the belief that education as opposed to punishment was an effective strategy to address the problems created by the sex industry.
The program is focused on educating the purchasers of sex, sometimes referred to as “john’s.” Purchasers of sex that are dealing with criminal charges for that behavior are predominantly men. The curriculum of the first offender is designed to help men understand the negative effects of being raised in a culture that promotes a system of male superiority and entitlement toward women.
The program has incorporated evidence-based practices into the FOPP programming. It includes: Social Learning Theory, Cognitive Behavioral Interventions, Brief Interventions, Harm Reduction, and Peer Reeducation. As part of the FOPP, the legal consequences for subsequent arrests for solicitation of prostitution are emphasized. Participants in the FOPP, are educated about the impacts of prostitution on the participants in the sex industry, the impact of sexual exploitation, the health risks of engaging in prostitution, and the impact of prostitution on the neighborhoods where it occurs. - Success of Education Programs for Buyers of Sex: As of 2012, approximately 50 cities and counties in the U.S. including Santa Clara, San Diego, Los Angeles, and Fresno have similar programs. (An Overview of John Schools in the United States, (2012), pp. 3-5.)
- San Francisco District Attorney’s Office First Offender Prostitution Program (FOPP): FOPP is a court diversion program aimed at reducing the volume and impact of sex buying by targeting those who purchase sex. The program was first started in San Francisco in 1995. The program is based on the belief that education as opposed to punishment was an effective strategy to address the problems created by the sex industry.
A 2008 study commissioned by the Department of Justice and conducted by Abt Associates found that the First Offender Prostitution Program (FOPP) was successful in substantially reducing recidivism among men arrested for soliciting prostitutes. According to the report, data collected from 10 years prior to implementation and 10 years after implementation (1985 through 2005) showed a sharp drop in re-offense rates (recidivism) in 1995, the first year of implementation. This low level of recidivism was sustained throughout the 10 years studied between 1995 and 2005. The study also found that data from San Diego showed that recidivism rates were cut in half after their education program was implemented. In summary, “FOPP significantly reduces recidivism” and is highly transferable, having been successfully replicated and adapted in other cities in the U.S. (Final Report on the Evaluation of the First Offender Prostitution Program (2008), Abt Associate, pp. v-vi and x.)
- Courts General Power to Impose Conditions of Probation: Courts have broad general discretion to fashion and impose additional probation conditions that are particularized to the defendant. (People v. Smith (2007) 152, Cal.App.4th 1245, 1249.) Courts may impose any “reasonable conditions” necessary to secure justice, make amends to society and individuals injured by the defendant’s unlawful conduct, and assist the “reformation and rehabilitation of the probationer.” (Pen. Code, § 1203.1.) A valid condition must be reasonably related to the offense and aimed at deterring such misconduct in the future. (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.)
- Jail Overcrowding: According to a recent report by the Public Policy Institute of California titled Capacity Challenges in California's Jails, California's county jails are facing increasing adult daily populations (ADP). Many counties are facing capacity constraints on their population. Prior to realignment, 17 counties were operating under court orders limiting the number of inmates in their jails. In all, 13 counties including some of the biggest (Los Angeles, Orange, San Diego, and Sacramento) had average daily populations that were larger than the number of beds their jails were rated for.
- Mandatory Minimum Sentences and Driver’s License Suspension Provisions: The authority of a court to suspend for 30 days the driver’s license of a prostitution offender was enacted by AB 2949 (Harvey), Ch. 1019, Stats. of 1996. AB 1788 (Wright), Ch. 758, Stats. of 1998 authorized the court to impose a six month suspension of a driver’s license or a convicted prostitution offender, except for travel to and from work. The Senate Floor Analysis of AB 1788 explained:
The Prostitution Abatement and Neighborhood Protection Act and authorized courts to suspend the driving privilege of any person convicted of soliciting, agreeing to, or engaging in, an act of prostitution with the use of a vehicle and within 1,000 feet of a private residence for up to 30 days. AB 2949's intent was to deter individuals from "cruising" residential neighborhoods in search of prostitutes. According to Los Angeles County: “The existing 30 days suspension is little more than an inconvenience for many offenders. A six month suspension should cause violators to think about potential penalties before engaging in acts of prostitution in an automobile. It will help keep prostitution away from residential neighborhoods.”
Committee staff is unaware of any studies of the effect the driver’s license suspension had on prostitution offenses committed within 1,000 feet of private residence. Existing law does not define the term “private residence.” A thousand feet is the length of three and 1/3 football fields. It would appear that many, if not most, prostitution offenses in urban areas occur within 1,000 feet of residences. Committee staff found no cases applying or interpreting the license suspension provisions.
- Mandatory Jail Terms as Conditions of Probation Encourage Defendants to Refuse Probation: If the court does not impose sentence for a repeated prostitution offenses, but places the defendant on probation, the 45 and 90-day terms must be imposed as a condition of probation – the same penalty as the minimum penalty for an executed sentence. Many, if not most, county jails are crowded, particularly in urban areas. A defendant who is convicted of a prostitution offense in a county with crowded jail conditions would very likely refuse probation because he would know that he would not serve more than 45 or 90 days, depending on whether it is the second or subsequent offense, upon a straight sentence without probation.
A defendant who is not on probation cannot be monitored by the probation department or the court. A defendant who is not on probation cannot be ordered to engage in rehabilitative or restorative justice programs. If the odds of getting caught committing such a crime is low, and that may be likely, such a person could remain a significant source of demand for prostitution.
- Argument in Support: According to the American Civil Liberties Union, "under current California law, a person who solicits, agrees to engage in, or engages in prostitution is guilty of a misdemeanor disorderly conduct offense. If that person is convicted of a second prostitution offense, imprisonment in the county jail for no less than 45 days is required. Third and subsequent prostitution offenses require incarceration for no less than 90 days. A court is also authorized to suspend the driving privileges for up to 30 days of a person convicted of one of the above-described disorderly conduct offenses if the offense was committed within 1,000 feet of a private residence and with the use of a private vehicle.
By removing these delineated additional sanctions for prostitution offenses, SB 1129 aligns these offenses with the rest of the California Penal Code, which imposes mandatory minimums on very few misdemeanor offenses. Mandatory minimum sentencing laws, which grew out of the national tough-on-crime stance from the 1980's, contributed to the problems California faces today with significant prison and jail overcrowding. These mandatory sentencing policies no longer reflect California's current approach to realigning the criminal justice system by adopting smarter and more humane sentencing laws. By removing these sentencing mandates for prostitution offenses, courts can employ evidence-based practices that reduce recidivism and further offender rehabilitation.
This legislation also recognizes that prostitution is a unique criminal offense where the offender can be both a perpetrator and a victim. Many individuals who engage in prostitution are trafficked and forced, induced, or coerced into commercial sex, and others are runaways who find themselves on the streets with no other means to survive. Imposing mandatory incarceration on these victims fails to advance their rehabilitation or provide them with the services and support they need to escape coercive and abusive situations."
- Argument in Opposition: According to the California District Attorneys Association, "this bill would eliminate mandatory jail time for individuals convicted of prostitution (buying or selling) more than once. It would also eliminate the authority of a court to suspend a person's driving privileges if the offense was committed in a vehicle in close proximity to a private residence.
"At a time when our communities continue to struggle with the scourge of human trafficking, we cannot support eliminating tools of deterrence frequently deployed against purchasers of commercial sex. We believe these additional sanctions, which apply only to individuals convicted on multiple occasions, serve an important purpose in our efforts to crack down on the illegal sex trade in California."
- Related Legislation: AB 1708 (Gonzalez), imposes mandatory minimum sentences of 72 hours upon first offense prostitution offenses. AB 1708 is awaiting a hearing in the Senate Public Safety Committee.
- Prior Legislation: SB 244 (Liu) of the 2013-2014 Legislative Session, would have created a 90 day mandatory jail term minimum for solicitation of a minor for prostitution related offenses. SB 244 failed passage in the Assembly Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Legal Services for Prisoners with Children
Opposition
California District Attorneys Association
Erotic Service Providers Union
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1129
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/19/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson, Stone
SOURCE: California Public Defenders Association
DIGEST: This bill repeals statutory provisions imposing mandatory minimum prostitution jail terms for repeat offenders and specifically authorizing the court to impose a driver’s license suspension on a first-time offender where a prostitution offense occurred within 1,000 feet of a residence.
Existing law:
- Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration. (Pen. Code § 647, subd. (b).)
- Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor. (Pen. Code § 647, subd. (a).)
- Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
- Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
- Authorizes a sentencing court to suspend the driver’s license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a “private residence.” The court may restrict for six months the person’s driving privilege to necessary travel to and from the person’s place of employment or education. If operation of a motor vehicle is necessary for the performance of the person’s employment duties, the court may allow driving for that purpose. (Pen. Code § 647, subd. (k); Veh. Code § 13201.5.)
This bill:
- Repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence.
- Repeals the specific authority of a court to order suspension of the driver’s license of a convicted prostitution defendant if the offense was committed with a vehicle within 1,000 feet of a residence.
Background
According to the author:
Mandatory minimum sentencing laws grew largely out of 1980’s tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted much of sentencing from rehabilitation to punishment and deterrence. Statutory minimum sentences have increased jail and prison populations and stripped the court’s ability to address the underlying issues that cause a person to offend in the first place. California’s prostitution laws require a mandatory minimum sentence of 45 days in county jail for a second conviction, and 90 days for a third. The court can also … restrict an individual’s ability to drive for up to six months if the offense involved a vehicle, or was committed within a thousand feet of a residence. These sentences are based on the assumption that mandatory jail time will deter future offenders. Researchers have concluded that mandatory minimum sentences have been massively ineffective. An October, 2011 United States Sentencing Commission report to the US Congress stated that: “certainty of punishment … is the more cost effective deterrent compared to the severity of punishment…”
California’s prison and jail overcrowding problem … has culminated in the realignment of the entire criminal justice system. Requiring a “john” or sex-worker to spend a minimum of 45, or 90 days in jail … creates the potential for the need to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
The mandatory sentences prevent a judge from tailoring a sentence for a specific offender or ordering alternative sanctions. The Sentencing Commission’s 2011 report further describes that: “[T]he Judicial Conference has long urged Congress ‘to reconsider the wisdom’ of mandatory minimum penalties because they ‘block judges from considering the individual circumstances of particular cases.’” Mandatory jail time also creates a disincentive for offenders to accept probation or treatment, as an offender may opt to choose the 45 days in jail in order to avoid [lengthy] supervision. A mandatory sentence shifts discretion from judges to prosecutors who can create their own charging schemes and use the threat of incarceration to gain plea-deal convictions. Many of those who engage in prostitution are victims of human trafficking and forced into sex work. They should not be incarcerated for 45 to 90 days.
SB 1129 will also remove the current Vehicle Code Section 13201.5 provisions that allow the courts to remove a person’s driving privileges for engaging in prostitution. This arbitrary and summary removal of a person’s license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution.
The authority of a court to suspend for 30 days the driver’s license of a prostitution offender was enacted by AB 2949 (Harvey, Chapter 1019, Statutes of 1996). AB 1788 (Wright, Chapter 758, Statutes of 1998) authorized the court to impose a six month suspension of a driver’s license or a convicted prostitution offender, except for travel to and from work. The Senate Floor Analysis of AB 1788 explained:
The Prostitution Abatement and Neighborhood Protection Act and authorized courts to suspend the driving privilege of any person convicted of soliciting, agreeing to, or engaging in, an act of prostitution with the use of a vehicle and within 1,000 feet of a private residence for up to 30 days. AB 2949's intent was to deter individuals from "cruising" residential neighborhoods in search of prostitutes. According to Los Angeles County: “The existing 30 days suspension is little more than an inconvenience for many offenders. A six month suspension should cause violators to think about potential penalties before engaging in acts of prostitution in an automobile. It will help keep prostitution away from residential neighborhoods.”
There appear to be no study of the effect the driver’s license suspension had on prostitution offenses committed within 1,000 feet of private residence. Existing law does not define the term “private residence.” A thousand feet is the length of three and 1/3 football fields. It would appear that many, if not most, prostitution offenses in urban areas occur within 1,000 feet of residences. There appear to be no case applying or interpreting the license suspension provisions.
A study in 2002 in the Western Criminology Review of a now defunct first-offender program in Portland, Oregon (SEEP) found very low recidivism rates for all prostitution arrestees, regardless of whether they participated in SEEP, were referred to SEEP but did not attend, or were not referred to the program. The study considered only a two-year period and a relatively small number of offenders. The researchers inferred from the data that an arrest, per se, could have deterred offenders, as prostitution offenses involve significant shame. The authors, however, also questioned if the offenders continued to solicit prostitutes but simply learned how to avoid arrest. They could not say whether the education from the SEEP program would have led the participants to a avoid prostitution for a substantial time in the future.
A 2008 John Jay College study of commercially, sexually exploited homeless youth in New York city found that these young people often sought out customers and found customers for each other. (http://sfbay.craigslist.org/sby/fuo/5550558811.html pp 48-49,. 32-102) Sexually exploited youth sought older white customers who were perceived to have more money, although the actual range of customers was relatively wide. A 2012 New Yorker article reported that these young people in lived in harsh conditions and risked becoming “lifers” on the street. Programs and services for them were scarce and typically short-term. (http://www.newyorker.com/magazine/2012/12/10/netherland)
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Public Defenders Association (source)
American Civil Liberties Union
Legal Services for Prisoners with Children
OPPOSITION: (Verified 4/21/16)
California District Attorneys Association
California Police Chiefs Association
Prepared by: Jerome McGuire / PUB. S. /
4/22/16 12:32:08
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1129 Hearing Date: April 19, 2016
Author: | Monning | ||
Version: | February 17, 2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | JM | ||
Subject: Prostitution: Sanctions
HISTORY
Source: California Public Defenders Association
Prior Legislation: SB 244 (Liu) 2014, Died in Assembly Public Safety
Support: American Civil Liberties Union; Legal Services for Prisoners with Children
Opposition: California District Attorneys Association; California Police Chiefs Association
PURPOSE
The purpose of this bill is to repeal statutory provisions imposing mandatory minimum prostitution jail terms for repeat offenders and specifically authorizing the court to impose a driver’s license suspension on a first-time offender where a prostitution offense occurred within 1,000 feet of a residence.
Existing law provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration. (Pen. Code § 647, subd. (b).)
Existing law provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor. (Pen. Code § 647, subd. (a).)
Existing law provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
Existing law provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. (Pen. Code § 647, subd. (k).)
Existing law authorizes a sentencing court to suspend the driver’s license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a “private residence.” The court may restrict for six months the person’s driving privilege to necessary travel to and from the person’s place of employment or education. If operation of a motor vehicle is necessary for the performance of the person’s employment duties, the court may allow driving for that purpose. (Pen. Code § 647, subd. (k); Veh. Code § 13201.5.)
This bill repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence.
This bill repeals the specific authority of a court to order suspension of the driver’s license of a convicted prostitution defendant if the offense was committed with a vehicle within 1,000 feet of a residence.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Mandatory minimum sentencing laws grew largely out of 1980’s tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted much of sentencing from rehabilitation to punishment and deterrence. Statutory minimum sentences have increased jail and prison populations over subsequent decades and stripped the court’s ability to address the underlying issues that cause a person to offend in the first place.
California’s prostitution laws contain some of the harshest mandatory misdemeanor penalties by requiring a mandatory minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second prostitution conviction… an offender must serve a minimum of 45 days in county jail, and 90 days upon a third conviction. The court can also … restrict an individual’s ability to drive for up to six months, so long as the offense involved the use of a vehicle, or was committed within a thousand feet of a residence. These sentences are based on the assumption that mandatory jail time will deter future offenders. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective. An October, 2011 United States Sentencing Commission report to the US Congress state that: “Some scholars counter the claims…that [mandatory minimum] penalties serve as an effective deterrent to crime. …[R]esearch … has found little evidence to support the argument that mandatory minimums prevent crime. In fact, many assert … [that] certainty of punishment through the prosecution of more offenders … is the more cost effective deterrent compared to the severity of punishment…” (Page 98)
California’s prison and jail overcrowding problem … has culminated in the realignment of the entire criminal justice system, pushing supervision of more serious offenders to the county jails, and an increase in the use of… supervision for low-level…offenses. Requiring a “john” or sex-worker to spend a minimum of 45, or 90 days in jail … creates the potential for the need to release more serious offenders in order to make room for those convicted of recidivist-prostitution.
Additionally, the mandatory sentences required under conviction of Penal Code 647 … specifically forbid judicial intervention. This … prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. The Sentencing Commission’s 2011 report further describes that: “[T]he Judicial Conference has long urged Congress ‘to reconsider the wisdom’ of mandatory minimum penalties because they ‘block judges from considering the individual circumstances of particular cases.’ …[T]he resulting sentence may be unfair or irrational.” (Page 95)
Mandatory jail time also creates a potential disincentive for offenders to take part in … probation or treatment, as an offender may opt to choose the 45 days in jail in order to avoid [lengthy] supervision and drug treatment. A mandatory sentence shifts discretion from judges to prosecutors who can create their own charging schemes and use the threat of incarceration to gain plea-deal convictions. Many of those who engage in prostitution are victims of human trafficking and forced into sex work. They should not be incarcerated for 45 to 90 days. Ending mandatory minimums will allow judges to recognize trafficking and use discretion in sentencing. Judges will have discretion to order a sentence longer than 90 days for a recidivist john, or recommend diversion for trafficking victims.
SB 1129 will also remove the current Vehicle Code Section 13201.5 provisions that allow the courts to remove a person’s driving privileges for engaging in prostitution. These punitive statutes allow a judge to suspend a person’s driver’s license for up to 30 days, or restrict their driver’s license for up to 6 months, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle. This arbitrary and summary removal of a person’s license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution.
2. Enactment of Mandatory Minimum Sentences and Driver’s License Suspension Provisions
The authority of a court to suspend for 30 days the driver’s license of a prostitution offender was enacted by AB 2949 (Harvey), Ch. 1019, Stats. of 1996. AB 1788 (Wright), Ch. 758, Stats. of 1998 authorized the court to impose a six month suspension of a driver’s license or a convicted prostitution offender, except for travel to and from work. The Senate Floor Analysis of AB 1788 explained:
The Prostitution Abatement and Neighborhood Protection Act and authorized courts to suspend the driving privilege of any person convicted of soliciting, agreeing to, or engaging in, an act of prostitution with the use of a vehicle and within 1,000 feet of a private residence for up to 30 days. AB 2949's intent was to deter individuals from "cruising" residential neighborhoods in search of prostitutes. According to Los Angeles County: “The existing 30 days suspension is little more than an inconvenience for many offenders. A six month suspension should cause violators to think about potential penalties before engaging in acts of prostitution in an automobile. It will help keep prostitution away from residential neighborhoods.”
Committee staff is unaware of any studies of the effect the driver’s license suspension had on prostitution offenses committed within 1,000 feet of private residence. Existing law does not define the term “private residence.” A thousand feet is the length of three and 1/3 football fields. It would appear that many, if not most, prostitution offenses in urban areas occur within 1,000 feet of residences. Committee staff found no cases applying or interpreting the license suspension provisions.
3. A Defendant Required to Serve a Minimum Jail Term as a Condition of Probation is Likely to Refuse Probation
If the court does not impose sentence for a repeated prostitution offenses, but places the defendant on probation, the 45 and 90-day terms must be imposed as a condition of probation – the same penalty as the minimum penalty for an executed sentence. Many, if not most, county jails are crowded, particularly in urban areas. A defendant who is convicted of a prostitution offense in a county with crowded jail conditions would very likely refuse probation because he would know that he would not serve more than 45 or 90 days, depending on whether it is the second or subsequent offense, upon a straight sentence without probation.
A defendant who is not on probation cannot be monitored by the probation department or the court. A defendant who is not on probation cannot be ordered to engage in rehabilitative or restorative justice programs. If the odds of getting caught committing such a crime is low, and that may be likely, such a person could remain a significant source of demand for prostitution.
4. Study of Homeless Young People Engaged in Survival-Sex Prostitution in New York City
A 2008 John Jay College study[1] of commercially, sexually exploited homeless youth in New York city found that these young people often sought out customers and found customers for each other. Sexually exploited youth sought older white customers who were perceived to have more money, although the actual range of customers was relatively wide. A 2012 New Yorker article reported that these young people in lived in harsh conditions and risked becoming “lifers” on the street. Programs and services for them were scarce and typically short-term.[2]
5. Limited Studies of the Demographics of Prostitution Customers
A draft University of Chicago study by Steven Levitt and Sudhir Alladi Venkatesh (Freakonomics) examined street-level prostitution in certain Chicago neighborhoods known for prostitution, including a neighborhood where prostitution was controlled by pimps and a neighborhood where prostitutes were independent. Levitt estimated that there were 1,200 acts of prostitution per arrest, indicating that even street-level prostitution customers generally need not fear arrest. The Chicago study noted that more upscale prostitution occurred over the Internet and through escort services, where the likelihood of arrest was low. Freakonomics publications later noted that the cost of prostitution had declined in recent decades, likely indicating that customers were spread across economic classes.
Levitt found “many men making a few visits and a small number of men making very frequent visits.” He found that 25 johns were arrested twice and 2,969 johns were arrested once. As in the Western Criminology Review study discussed in Comment # 6, Leavitt concluded that some men may have learned from one arrest how to avoid another. However, some johns may have been arrested multiple times because they were not good at distinguishing between an actual prostitute and a police decoy.
A 2008 review in the Electronic Journal of Human Sexuality of studies from cities across the country found wide variance in education, income and ethnicity among prostitution customers. There were some regional differences, such as lower levels of education in Indianapolis, marginally higher income in Portland, Oregon.
6. Recidivism Studies on Persons Convicted of Purchasing Sex – Effects of Special Programs
A study in 2002 in the Western Criminology Review of a now defunct first-offender program in Portland, Oregon (SEEP) found very low recidivism rates for all prostitution arrestees, regardless of whether they participated in SEEP, were referred to SEEP but did not attend, or were not referred to the program. The study considered only a two-year period and a relatively small number of offenders. The researchers inferred from the data that an arrest, per se, could have deterred offenders, as prostitution offenses involve significant shame. The authors, however, also questioned if the offenders continued to solicit prostitutes but simply learned how to avoid arrest. They could not say whether the education from the SEEP program would have led the participants to a avoid prostitution for a substantial time in the future.
A number of other cities adopted special first-offender prostitution diversion programs that educate “johns” about the harms caused by or attendant to the commercial sex trade. The San Francisco program – First Offender Prostitution Program (FOPP) – was one of the first of these programs. The program required men arrested for the first time for a prostitution offense to attend a one-day course of the harms caused or exacerbated by the demand for prostitution. Men who completed the course were diverted out of the criminal justice system. A report on the San Francisco FOPP conducted by Abt Associates concluded that program was well run and effective. The claims of a sharp drop in recidivism in the Abt report have been harshly criticized and questioned. One study by researchers from DePaul University and American University found methodological flaws in the Abt report. The study from the Western Criminology Review (noted above) found that recidivism rates attributable to FOPP programs are difficult to measure, as johns arrested for prostitution offenses can easily learn how to avoid arrest. Further, the increasing shift of prostitution to the Internet makes it difficult to measure recidivism.
DOES RESEARCH INDICATE THAT AN ARREST, PER SE, MAY BE A SUBSTANTIAL DETERRENT FOR MEN WHO SOLICIT PROSTITUTES?
IS THERE DATA ABOUT THE EFFECT OF MANDATORY MINIMUM PENALTIES IN EXISTING LAW FOR REPEAT PROSTITUTION OFFENDERS?
-- END –
https://www.ncjrs.gov/pdffiles1/nij/grants/225083.pdf, pp 48-49,. 32-102. ↑
http://www.newyorker.com/magazine/2012/12/10/netherland ↑
Discussed in Hearing
39MIN
Assembly Standing Committee on Judiciary
1MIN
Senate Floor
4MIN
Assembly Floor
57SEC
Assembly Floor
17MIN
Assembly Standing Committee on Public Safety
4MIN
Senate Floor
13MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):