AB 379: Crimes: prostitution.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-07-30
Current Status:
Passed
(2025-07-30: Chaptered by Secretary of State - Chapter 82, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would additionally make that increased punishment applicable if the solicited minor was more than 3 years younger than the defendant at the time of the offense. The bill would require a defendant subject to that increased punishment, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children, as specified. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, facilities that provide pediatric care, and truck stops, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would increase that civil penalty to $1,000 for a first offense, and $2,000 for each subsequent offense. The bill would require these fines to be deposited in the Survivors Support Fund.
Existing law allows civil penalties to be imposed against a hotel, as defined, if a supervisory employee, as defined, of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity, as defined, that occurred within the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization, as specified, or if any employee of that hotel was acting within the scope of employment and knowingly benefited from participating in a venture that the employee knew, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel. Existing law authorizes a city, county, or city and county attorney to seek equitable relief against a hotel, and to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. Existing law authorizes a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation.
This bill would additionally authorize the attorney general to enforce these provisions. The bill would increase the penalty for a violation of these provisions to $3,000 for a first violation, $10,000 for a 2nd violation within a 24-month period of time, and $15,000 for the third and any subsequent violation within a 24-month period of time. The bill would authorize the court to increase the amount of the civil penalty in an amount not to exceed $40,000 for a 4th or subsequent violation. The bill would require fines collected pursuant to these provisions to be deposited in the Survivors Support Fund.
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
This bill would require the office, to the extent funds are available for this purpose, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2028, to submit to the Legislature and the office of the Governor a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would additionally make that increased punishment applicable if the solicited minor was more than 3 years younger than the defendant at the time of the offense. The bill would require a defendant subject to that increased punishment, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children, as specified. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, facilities that provide pediatric care, and truck stops, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would increase that civil penalty to $1,000 for a first offense, and $2,000 for each subsequent offense. The bill would require these fines to be deposited in the Survivors Support Fund.
Existing law allows civil penalties to be imposed against a hotel, as defined, if a supervisory employee, as defined, of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity, as defined, that occurred within the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization, as specified, or if any employee of that hotel was acting within the scope of employment and knowingly benefited from participating in a venture that the employee knew, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel. Existing law authorizes a city, county, or city and county attorney to seek equitable relief against a hotel, and to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. Existing law authorizes a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation.
This bill would additionally authorize the attorney general to enforce these provisions. The bill would increase the penalty for a violation of these provisions to $3,000 for a first violation, $10,000 for a 2nd violation within a 24-month period of time, and $15,000 for the third and any subsequent violation within a 24-month period of time. The bill would authorize the court to increase the amount of the civil penalty in an amount not to exceed $40,000 for a 4th or subsequent violation. The bill would require fines collected pursuant to these provisions to be deposited in the Survivors Support Fund.
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
This bill would require the office, to the extent funds are available for this purpose, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2028, to submit to the Legislature and the office of the Governor a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would require a person who commits prostitution with the intent to receive compensation, money, or anything of value from another person to, for a first or 2nd violation of those provisions, be offered a diversion program pursuant to specified provisions. additionally make that increased punishment applicable if the solicited minor was more than 3 years younger than the defendant at the time of the offense. The bill would require a defendant subject to that increased punishment, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children, as specified. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, facilities that provide pediatric care, and truck stops, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would increase that civil penalty to $1,000 for a first offense, and $2,000 for each subsequent offense. The bill would require these fines to be deposited in the Survivors Support Fund.
Existing law allows civil penalties to be imposed against a hotel, as defined, if a supervisory employee, as defined, of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity, as defined, that occurred within the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization, as specified, or if any employee of that hotel was acting within the scope of employment and knowingly benefited from participating in a venture that the employee knew, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel. Existing law authorizes a city, county, or city and county attorney to seek equitable relief against a hotel, and to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. Existing law authorizes a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation.
This bill would additionally authorize the attorney general to enforce these provisions. The bill would increase the penalty for a violation of these provisions to $3,000 for a first violation, $10,000 for a 2nd violation within a 24-month period of time, and $15,000 for the third and any subsequent violation within a 24-month period of time. The bill would authorize the court to increase the amount of the civil penalty in an amount not to exceed $40,000 for a 4th or subsequent violation. The bill would require fines collected pursuant to these provisions to be deposited in the Survivors Support Fund.
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
This bill would require the office, to the extent funds are available for this purpose, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2028, to submit to the Legislature and the office of the Governor a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would make that increased punishment applicable to any solicitation of any person under 18 years of age. TheThis bill would require a person who commits prostitution with the intent to receive compensation, money, or anything of value from another person to, for a first or 2nd violation of those provisions, be offered a diversion program pursuant to specified provisions. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would make that increased punishment applicable to any solicitation of any person under 18 years of age. The bill would require a person who commits prostitution with the intent to receive compensation, money, or anything of value from another person to, for a first or 2nd violation of those provisions, be offered a diversion program pursuant to specified provisions. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.
This bill would make that increased punishment applicable to any solicitation of any person under 18 years of age. The bill would require a person who commits prostitution with the intent to receive compensation, money, or anything of value from another person to, for a first or 2nd violation of those provisions, be offered a diversion program pursuant to specified provisions. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits a person from being granted probation if they are convicted of a felony custodial institution burglary, as defined, and requires a person convicted of a misdemeanor custodial institution burglary to be confined in the county jail for not less than 90 days, except as specified.This bill would make technical, nonsubstantive changes to those provisions.Existing law prohibits a person from being granted probation if they are convicted of a felony custodial institution burglary, as defined, and requires a person convicted of a misdemeanor custodial institution burglary to be confined in the county jail for not less than 90 days, except as specified.
This bill would make technical, nonsubstantive changes to those provisions.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade. It is the intent of the Legislature to adopt the strongest laws to protect 16- and 17-year old victims and strengthen protections in support of survivors of human trafficking.
SEC. 2.Section 52.6 of the Civil Code is amended to read:52.6.(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
Available 24 hours a day, 7 days a week. | ||
Toll-free. | ||
Operated by nonprofit, nongovernmental organizations. | ||
Anonymous and confidential. | ||
Accessible in more than 160 languages. | ||
Able to provide help, referral to services, training, and general information. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
(1)Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
(2)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(j)The Attorney General may enforce this section.
(k)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 3.Section 52.65 of the Civil Code is amended to read:52.65.(a)A hotel is in violation of this section, and subject to civil penalties, if either or both of the following conditions are met:
(1)Sex trafficking activity occurred in the hotel, a supervisory employee of the hotel either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel, and the supervisory employee of the hotel failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours.
(2)An employee of the hotel was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel.
(b)If there is reasonable cause to believe there has been a violation pursuant to subdivision (a), the Attorney General, a city, county, or city and county attorney may bring a civil action for injunctive and other equitable relief against a hotel for violation of this section. The Attorney General or a city, county, or city and county attorney who brings a civil action under this section may also seek civil penalties in the amount of three thousand dollars ($3,000) for the first violation, ten thousand dollars ($10,000) for the second violation within a 24-month period of time, and fifteen thousand dollars ($15,000) for the third and any subsequent violation within a 24-month period.
(c)The court may exercise its discretion to increase the amount of the civil penalty, not to exceed twenty-five thousand dollars ($25,000), for any fourth or subsequent violation, considering all of the following factors:
(1)The defendants culpability.
(2)The relationship between the harm and the penalty.
(3)The penalties imposed for similar conduct in similar statutes.
(4)The defendants ability to pay.
(d)The lack of reporting of a sex trafficking case that occurs in a hotel shall not, by itself, without meeting the conditions in either paragraph (1) or (2) of subdivision (a), result in the liability of an employer of that establishment to the sex trafficking victim or victims in the case in question or to any other party.
(e)No liability for civil penalties shall arise under this section against a hotel employee.
(f)Violation of this section, by itself, shall not result in criminal liability against the hotel.
(g)Nothing in this section affects criminal or civil liability that may arise pursuant to other provisions of law.
(h)For the purposes of this section, the following terms shall have the following definitions:
(1)Hotel means a motel, or any other operator or management company that offers and accepts payment for rooms, sleeping accommodations, or board and lodging and retains the right of access to, and control of, a dwelling unit that is required to provide training and education regarding human trafficking awareness pursuant to Section 12950.3 of the Government Code.
(2)Sex trafficking means human trafficking for the purposes of engaging in a commercial sex act as set forth in subdivision (c) of Section 236.1 of the Penal Code.
(3)Supervisory employee means any individual, regardless of the job description or title, who has each of the following capabilities and qualifications:
(A)Holds authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(B)Holds responsibility for duties that are not substantially similar to those of their subordinates. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.
(i)An action brought pursuant to this section shall be commenced within five years of the date when the violation of subdivision (a) occurred, or, if the victim of that sex trafficking activity was a minor when the violation occurred, within five years of the date the victim attains the age of majority.
(j)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2).
(B)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 paragraph. If the court reduces or eliminates the mandatory two days of imprisonment, the court shall specify the reason on the record.
(2)Notwithstanding paragraph (1), a defendant 18 years of age or older may be punished by either 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, or imprisonment pursuant to subdivision (h) of Section 1170 for any of the following:
(A)The solicited minor was under 16 years of age at the time of the offense, or the person solicited was under 18 years of age at the time of the offense and the person solicited was caused, induced, or persuaded at the time of the solicitation to engage in a commercial sex act as specified in subdivision (c) of Section 236.1.
(B)The solicited minor was more than 3 years younger than the defendant at the time of the offense.
(3)A second or subsequent violation of paragraph (2) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(4)A defendant who is convicted of a violation of paragraph (2) shall be ordered by the court, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children. A fee shall not be imposed for participation or enrollment in an education program pursuant to this paragraph.
(5)An individual who provides compensation, money, or anything of value in violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 5.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 6.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 7.Chapter 5.8 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read:5.8.Human Trafficking Prevention Vertical Prosecution Program13849.(a)There is hereby established in the Office of Emergency Services a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
(b)The Director of Emergency Services shall, to the extent funds are available for this purpose, allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to this chapter. Each county selected for funding shall meet all of the following minimum requirements:
(1)Employ a vertical prosecution methodology for human trafficking crimes.
(2)Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crimes.
(3)Provide the office with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county.
(4)Enter into an agreement, either by contract or a memorandum of understanding, with an advocacy agency funded by the office that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services.
(5)Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(c)The office shall select applications based upon a competitive process and may establish selection criteria. At a minimum, an applicant shall demonstrate the ability to comply with the criteria in subdivision (b) and include an estimate of the number of potential human trafficking crimes in that county.
(d)(1)On or before January 1, 2028, the office shall submit to the Legislature and the Governors office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)As used in this section, human trafficking crimes means any violation of Section 236.1 or subdivision (l) of Section 647.
(f)Not more than 10 percent of funds appropriated for this program shall be retained by the office for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (d).
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade. It is the intent of the Legislature to adopt the strongest laws to protect 16- and 17-year old victims and strengthen protections in support of survivors of human trafficking.
SEC. 2.Section 52.6 of the Civil Code is amended to read:52.6.(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
Available 24 hours a day, 7 days a week. | ||
Toll-free. | ||
Operated by nonprofit, nongovernmental organizations. | ||
Anonymous and confidential. | ||
Accessible in more than 160 languages. | ||
Able to provide help, referral to services, training, and general information. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
(1)Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
(2)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(j)The Attorney General may enforce this section.
(k)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 3.Section 52.65 of the Civil Code is amended to read:52.65.(a)A hotel is in violation of this section, and subject to civil penalties, if either or both of the following conditions are met:
(1)Sex trafficking activity occurred in the hotel, a supervisory employee of the hotel either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel, and the supervisory employee of the hotel failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours.
(2)An employee of the hotel was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel.
(b)If there is reasonable cause to believe there has been a violation pursuant to subdivision (a), the Attorney General, a city, county, or city and county attorney may bring a civil action for injunctive and other equitable relief against a hotel for violation of this section. The Attorney General or a city, county, or city and county attorney who brings a civil action under this section may also seek civil penalties in the amount of three thousand dollars ($3,000) for the first violation, ten thousand dollars ($10,000) for the second violation within a 24-month period of time, and fifteen thousand dollars ($15,000) for the third and any subsequent violation within a 24-month period.
(c)The court may exercise its discretion to increase the amount of the civil penalty, not to exceed twenty-five thousand dollars ($25,000), for any fourth or subsequent violation, considering all of the following factors:
(1)The defendants culpability.
(2)The relationship between the harm and the penalty.
(3)The penalties imposed for similar conduct in similar statutes.
(4)The defendants ability to pay.
(d)The lack of reporting of a sex trafficking case that occurs in a hotel shall not, by itself, without meeting the conditions in either paragraph (1) or (2) of subdivision (a), result in the liability of an employer of that establishment to the sex trafficking victim or victims in the case in question or to any other party.
(e)No liability for civil penalties shall arise under this section against a hotel employee.
(f)Violation of this section, by itself, shall not result in criminal liability against the hotel.
(g)Nothing in this section affects criminal or civil liability that may arise pursuant to other provisions of law.
(h)For the purposes of this section, the following terms shall have the following definitions:
(1)Hotel means a motel, or any other operator or management company that offers and accepts payment for rooms, sleeping accommodations, or board and lodging and retains the right of access to, and control of, a dwelling unit that is required to provide training and education regarding human trafficking awareness pursuant to Section 12950.3 of the Government Code.
(2)Sex trafficking means human trafficking for the purposes of engaging in a commercial sex act as set forth in subdivision (c) of Section 236.1 of the Penal Code.
(3)Supervisory employee means any individual, regardless of the job description or title, who has each of the following capabilities and qualifications:
(A)Holds authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(B)Holds responsibility for duties that are not substantially similar to those of their subordinates. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.
(i)An action brought pursuant to this section shall be commenced within five years of the date when the violation of subdivision (a) occurred, or, if the victim of that sex trafficking activity was a minor when the violation occurred, within five years of the date the victim attains the age of majority.
(j)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2).
(B)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 paragraph. If the court reduces or eliminates the mandatory two days of imprisonment, the court shall specify the reason on the record.
(2)Notwithstanding paragraph (1), a defendant 18 years of age or older may be punished by either 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, or imprisonment pursuant to subdivision (h) of Section 1170 for any of the following:
(A)The solicited minor was under 16 years of age at the time of the offense, or the person solicited was under 18 years of age at the time of the offense and the person solicited was caused, induced, or persuaded at the time of the solicitation to engage in a commercial sex act as specified in subdivision (c) of Section 236.1.
(B)The solicited minor was more than 3 years younger than the defendant at the time of the offense.
(3)A second or subsequent violation of paragraph (2) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(4)A defendant who is convicted of a violation of paragraph (2) shall be ordered by the court, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children. A fee shall not be imposed for participation or enrollment in an education program pursuant to this paragraph.
(5)An individual who provides compensation, money, or anything of value in violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 5.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 6.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 7.Chapter 5.8 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read:5.8.Human Trafficking Prevention Vertical Prosecution Program13849.(a)There is hereby established in the Office of Emergency Services a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
(b)The Director of Emergency Services shall, to the extent funds are available for this purpose, allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to this chapter. Each county selected for funding shall meet all of the following minimum requirements:
(1)Employ a vertical prosecution methodology for human trafficking crimes.
(2)Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crimes.
(3)Provide the office with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county.
(4)Enter into an agreement, either by contract or a memorandum of understanding, with an advocacy agency funded by the office that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services.
(5)Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(c)The office shall select applications based upon a competitive process and may establish selection criteria. At a minimum, an applicant shall demonstrate the ability to comply with the criteria in subdivision (b) and include an estimate of the number of potential human trafficking crimes in that county.
(d)(1)On or before January 1, 2028, the office shall submit to the Legislature and the Governors office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)As used in this section, human trafficking crimes means any violation of Section 236.1 or subdivision (l) of Section 647.
(f)Not more than 10 percent of funds appropriated for this program shall be retained by the office for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (d).
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade. It is the intent of the Legislature to adopt the strongest laws to protect 16- and 17-year old victims and strengthen protections in support of survivors of human trafficking.
SEC. 2.Section 52.6 of the Civil Code is amended to read:52.6.(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
Available 24 hours a day, 7 days a week. | ||
Toll-free. | ||
Operated by nonprofit, nongovernmental organizations. | ||
Anonymous and confidential. | ||
Accessible in more than 160 languages. | ||
Able to provide help, referral to services, training, and general information. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of five hundred dollars ($500) one thousand dollars ($1,000) for a first offense and one two thousand dollars ($1,000) ($2,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
(1)Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
(2)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(j)The Attorney General may enforce this section.
(k)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 3.Section 52.65 of the Civil Code is amended to read:52.65.(a)A hotel is in violation of this section, and subject to civil penalties, if either or both of the following conditions are met:
(1)Sex trafficking activity occurred in the hotel, a supervisory employee of the hotel either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel, and the supervisory employee of the hotel failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours.
(2)An employee of the hotel was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel.
(b)If there is reasonable cause to believe there has been a violation pursuant to subdivision (a), the Attorney General, a city, county, or city and county attorney may bring a civil action for injunctive and other equitable relief against a hotel for violation of this section. A The Attorney General or a city, county, or city and county attorney who brings a civil action under this section may also seek civil penalties in the amount of one three thousand dollars ($1,000) ($3,000) for the first violation in a calendar year, three violation, ten thousand dollars ($3,000) ($10,000) for the second violation within the same calendar year, and five violation within a 24-month period of time, and fifteen thousand dollars ($5,000) ($15,000) for the third and any subsequent violation within the same calendar year. a 24-month period.
(c)The court may exercise its discretion to increase the amount of the civil penalty, not to exceed ten thousand dollars ($10,000), twenty-five thousand dollars ($25,000), for any fourth or subsequent violation, considering all of the following factors:
(1)The defendants culpability.
(2)The relationship between the harm and the penalty.
(3)The penalties imposed for similar conduct in similar statutes.
(4)The defendants ability to pay.
(d)The lack of reporting of a sex trafficking case that occurs in a hotel shall not, by itself, without meeting the conditions in either paragraph (1) or (2) of subdivision (a), result in the liability of an employer of that establishment to the sex trafficking victim or victims in the case in question or to any other party.
(e)No liability for civil penalties shall arise under this section against a hotel employee.
(f)Violation of this section, by itself, shall not result in criminal liability against the hotel.
(g)Nothing in this section affects criminal or civil liability that may arise pursuant to other provisions of law.
(h)For the purposes of this section, the following terms shall have the following definitions:
(1)Hotel means a motel, or any other operator or management company that offers and accepts payment for rooms, sleeping accommodations, or board and lodging and retains the right of access to, and control of, a dwelling unit that is required to provide training and education regarding human trafficking awareness pursuant to Section 12950.3 of the Government Code.
(2)Sex trafficking means human trafficking for the purposes of engaging in a commercial sex act as set forth in subdivision (c) of Section 236.1 of the Penal Code.
(3)Supervisory employee means any individual, regardless of the job description or title, who has each of the following capabilities and qualifications:
(A)Holds authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(B)Holds responsibility for duties that are not substantially similar to those of their subordinates. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.
(i)An action brought pursuant to this section shall be commenced within five years of the date when the violation of subdivision (a) occurred, or, if the victim of that sex trafficking activity was a minor when the violation occurred, within five years of the date the victim attains the age of majority.
(j)Fines collected pursuant to this section shall be deposited in the Survivors Support Fund.
SEC. 2.SEC. 4.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2).
(B)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 paragraph. If the court reduces or eliminates the mandatory two days of imprisonment, the court shall specify the reason on the record.
(2)(A)If the solicited minor was under 16 years of age at the time of the offense, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking under Section 236.1, the violation is punishable by either of the following:(i)Imprisonment in the county jail not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).(ii)Imprisonment pursuant to subdivision (h) of Section 1170.(B)A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.(3)For a first or second violation of paragraph (1) of subdivision (b), the defendant shall be offered diversion pursuant to a program in Title 6 (commencing with Section 976) of Part 2, if a program for which the defendant is eligible is available.(4)A(2)Notwithstanding paragraph (1), a defendant 18 years of age or older may be punished by either 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, or imprisonment pursuant to subdivision (h) of Section 1170 for any of the following:
(A)The solicited minor was under 16 years of age at the time of the offense, or the person solicited was under 18 years of age at the time of the offense and the person solicited was caused, induced, or persuaded at the time of the solicitation to engage in a commercial sex act as specified in subdivision (c) of Section 236.1.
(B)The solicited minor was more than 3 years younger than the defendant at the time of the offense.
(3)A second or subsequent violation of paragraph (2) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(4)A defendant who is convicted of a violation of paragraph (2) shall be ordered by the court, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children. A fee shall not be imposed for participation or enrollment in an education program pursuant to this paragraph.
(5)An individual who provides compensation, money, or anything of value in violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 3.SEC. 5.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 4.SEC. 6.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 7.Chapter 5.8 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read:5.8.Human Trafficking Prevention Vertical Prosecution Program13849.(a)There is hereby established in the Office of Emergency Services a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
(b)The Director of Emergency Services shall, to the extent funds are available for this purpose, allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to this chapter. Each county selected for funding shall meet all of the following minimum requirements:
(1)Employ a vertical prosecution methodology for human trafficking crimes.
(2)Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crimes.
(3)Provide the office with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county.
(4)Enter into an agreement, either by contract or a memorandum of understanding, with an advocacy agency funded by the office that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services.
(5)Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(c)The office shall select applications based upon a competitive process and may establish selection criteria. At a minimum, an applicant shall demonstrate the ability to comply with the criteria in subdivision (b) and include an estimate of the number of potential human trafficking crimes in that county.
(d)(1)On or before January 1, 2028, the office shall submit to the Legislature and the Governors office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)As used in this section, human trafficking crimes means any violation of Section 236.1 or subdivision (l) of Section 647.
(f)Not more than 10 percent of funds appropriated for this program shall be retained by the office for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (d).
SEC. 5.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade. It is the intent of the Legislature to adopt the strongest laws to protect 16- and 17year old victims and strengthen protections in support of survivors of human trafficking.
SEC. 2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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 either of the following:(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2).
(B)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 paragraph. If the court reduces or eliminates the mandatory two days of imprisonment, the court shall specify the reason on the record.
(2)(A)If the solicited minor was under 16 years of age at the time of the offense, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking under Section 236.1, the violation is punishable by either of the following:
(i)Imprisonment in the county jail for not less than two days and not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).
(ii)Imprisonment pursuant to subdivision (h) of Section 1170.
(B)A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(2)(3)For a first or second violation of paragraph (1) of subdivision (b), the defendant shall be offered diversion pursuant to a program in Title 6 (commencing with Section 976) of Part 2, if a program for which the defendant is eligible is available.
(3)(4)A violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 3.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 4.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade.
SEC. 2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), every 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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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 either of the following:
(i)Imprisonment in the county jail for not less than two days and not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).
(ii)Imprisonment pursuant to subdivision (h) of Section 1170.
(B)A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(2)For a first or second violation of paragraph (1) of subdivision (b), the defendant shall be offered diversion pursuant to a program in Title 6 (commencing with Section 976) of Part 2, if a program for which the defendant is eligible is available.
(3)A violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 3.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 4.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares that it is not the intent of the Legislature to criminalize victims of sex trafficking and that law enforcement continue to receive training and support when it comes to enforcing laws intended to prohibit commercial sex, investigate human trafficking, and protect victims. This includes partnering with community-based organizations and ensuring that services be offered to those engaged in the commercial sex trade.
SEC. 2.Section 647 of the Penal Code is amended to read:647.Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (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 a public place or in a 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, an 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, the individual 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, an 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, the individual 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, an 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, the individual 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.
(d)Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.
(e)Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f)Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way.
(g)If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person 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 authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to 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 a drug or under the combined influence of intoxicating liquor and a drug.
(2)A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f).
(3)A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h)Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i)Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant.
(j)(1)A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, 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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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. For the purposes of this paragraph, identifiable means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victims identity to actually be established.
(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)(i)A person who intentionally distributes or causes to be distributed 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, when subclauses (I) to (III), inclusive, are all true:
(I)The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II)The person depicted suffers serious emotional distress.
(III)One of the following has occurred:
(ia)The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib)The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic)The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii)A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B)(i)A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii)A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C)As used in this paragraph, the following terms have the following meanings:
(i)Distribute includes exhibiting in public or giving possession.
(ii)Identifiable has the same meaning as in paragraphs (2) and (3).
(iii)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.
(iv)The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5)This subdivision does not preclude punishment under any section of law providing for greater punishment.
(6)A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.
(k)(1)Except as provided in paragraph (3), 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)Except as provided in paragraph (3), 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.
(3)If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.
(l)(1)(A)If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2). by either of the following:
(B)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 paragraph. If the court reduces or eliminates the mandatory two days imprisonment, the court shall specify the reason on the record.(2)(A)If the solicited minor was under 16 years of age at the time of the offense, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking under Section 236.1, the violation is punishable by either of the following:(i)Imprisonment in the county jail for not less than two days and not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).
(ii)Imprisonment pursuant to subdivision (h) of Section 1170.
(B)A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.
(2)For a first or second violation of paragraph (1) of subdivision (b), the defendant shall be offered diversion pursuant to a program in Title 6 (commencing with Section 976) of Part 2, if a program for which the defendant is eligible is available.
(3)A violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund.
SEC. 3.Section 647.5 is added to the Penal Code, to read:647.5.(a)The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
(b)The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
(c)The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a).
SEC. 4.Section 653.25 is added to the Penal Code, to read:653.25.(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 462.5 of the Penal Code is amended to read:462.5.(a)Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a felony custodial institution burglary. In any case in which a person is convicted of a misdemeanor custodial institution burglary, that person shall be confined in the county jail for not less than 90 days nor more than one year except in unusual cases where the interests of justice would best be served by the granting of probation.(b)As used in this section, custodial institution burglary shall mean a violation of Section 459 on the grounds of any jail or correctional institution with the intent to steal items to use or convert for use as weapons, escape tools, or intoxicating drugs.(c)If the court grants probation under subdivision (a), it shall specify the reason or reasons for such order on the court record.(d)Any person convicted of custodial institution burglary shall serve their sentence, including enhancements, consecutive to any other sentence in effect or pending. The felony sentence shall be calculated under Section 1170.1.(a)Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a felony custodial institution burglary. In any case in which a person is convicted of a misdemeanor custodial institution burglary, such that person shall be confined in the county jail for not less than 90 days nor more than one year except in unusual cases where the interests of justice would best be served by the granting of probation.
(b)As used in this section, custodial institution burglary shall mean a violation of Section 459 on the grounds of any jail or correctional institution with the intent to steal items to use or convert for use as weapons, escape tools, or intoxicating drugs.
(c)If the court grants probation under subdivision (a), it shall specify the reason or reasons for such order on the court record.
(d)Any person convicted of custodial institution burglary shall serve his or her their sentence, including enhancements, consecutive to any other sentence in effect or pending. The felony sentence shall be calculated under Section 1170.1.
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Status
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| Jul 30, 2025 | Chaptered by Secretary of State - Chapter 82, Statutes of 2025. |
| Jul 30, 2025 | Approved by the Governor. |
| Jul 18, 2025 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jul 14, 2025 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 14, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 2. Page 2053.). |
| Jul 8, 2025 | Read second time. Ordered to third reading. |
| Jul 7, 2025 | From committee: Do pass. (Ayes 6. Noes 0.) (July 7). |
| Jun 18, 2025 | In committee: Hearing postponed by committee. |
| Jun 10, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 10). Re-referred to Com. on APPR. |
| May 28, 2025 | Referred to Com. on PUB. S. |
| May 15, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 15, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1546.) |
| May 12, 2025 | Read second time. Ordered to third reading. |
| May 8, 2025 | Read second time and amended. Ordered returned to second reading. |
| May 7, 2025 | From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 7). |
| May 5, 2025 | Re-referred to Com. on APPR. |
| May 5, 2025 | Joint Rule 62(a) suspended. (Ayes 62. Noes 0. Page 1424.) |
| May 1, 2025 | Read second time and amended. |
| May 1, 2025 | Re-referred to Com. on APPR. pursuant to Assembly Rule 77.2. |
| Apr 30, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 29). |
| Apr 28, 2025 | Joint Rule 62(a) suspended. (Page 1307.) |
| Apr 24, 2025 | In committee: Hearing postponed by committee. |
| Mar 28, 2025 | Re-referred to Com. on PUB. S. |
| Mar 27, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 25, 2025 | Re-referred to Com. on PUB. S. |
| Feb 24, 2025 | Referred to Com. on PUB. S. |
| Feb 24, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 4, 2025 | From printer. May be heard in committee March 6. |
| Feb 3, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 14, 2025 | Assembly 3rd Reading AB379 Schultz et al. By Arreguín | Senate Floor |
Passed |
|
| Jul 7, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 10, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 15, 2025 | AB 379 Schultz Assembly Third Reading | Assembly Floor |
Passed |
|
| May 7, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| May 1, 2025 | AB 379 Krell Assembly Second Reading Amend By SCHULTZ Set #1 | Assembly Floor |
Passed |
|
| May 1, 2025 | AB 379 Krell Assembly Second Reading Amend By SCHULTZ Set #1 Motion to Lay on the Table By MACEDO | Assembly Floor |
Failed |
|
| May 1, 2025 | AB 379 Krell Assembly Second Reading Amend By SCHULTZ Set #1 Appeal the Decision of the Speaker By MACEDO | Assembly Floor |
Failed |
|
| Apr 29, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly 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
|
|---|---|---|
| 3strands global foundation | ** Support | |
| Access Reproductive Justice | ** Against | |
| Aclu California Action | ** Against | |
| APLA Health | ** Against | |
| Arcadia Police Officers' Association | ** Support | |
| Artists Revolt | ** Against | |
| Bakersfield Mayor Karen Goh | ** Support | |
| Bay Area Workers Support | ** Against | |
| Beacon4victims | ** Support | |
| Bienestar Human Services | ** Against | |
| bilateral safety corridor coalition | ** Support | |
| Black Women For Wellness Action Project | ** Against | |
| Brea Police Association | ** Support | |
| Bridge Network | ** Support | |
| Burbank Police Officers' Association | ** Support | |
| California Association of School Police Chiefs | ** Support | |
| California Attorneys For Criminal Justice | ** Against | |
| California Baptist for Biblical Values | ** Support | |
| California Catholic Conference | ** Support | |
| California Civil Liberties Advocacy | ** Support | |
| California Civil Liberties Union | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| California District Attorneys Association | ** Support | |
| California Family Council | ** Support | |
| California Federation of Labor Unions, Afl-cio | ** Support | |
| California Narcotic Officers' Association | ** Support | |
| California Police Chiefs Association | ** Support | |
| California Public Defenders Association | ** Against | |
| California Reserve Peace Officers Association | ** Support | |
| California Syringe Exchange Program Coalition | ** Against | |
| California Women's Law Center | ** Against | |
| Californians for Safety and Justice | ** Against | |
| Californians United for a Responsible Budget | ** Against | |
| Center on Reproductive Rights and Justice At Berkeley Law | ** Against | |
| Chief Probation Officers Of California | ** Support | |
| Choose Your Path (CYP) Foundation | ** Against | |
| Choose Your Path Foundation | ** Against | |
| city of carlsbad | ** Support | |
| City of Riverside | ** Support | |
| City Of Salinas | ** Support | |
| City Of San Diego | ** Support | |
| City of Stanton | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| CNIGA - California Nations Indian Gaming Association | ** Support | |
| Co. Dionysus LLC | ** Against | |
| Coalition to Abolish Slavery and Trafficking | ** Against | |
| Communities United for Restorative Youth Justice | ** Against | |
| Community Against Sexual Harm | ** Support | |
| Community Health Project LA | ** Against | |
| COMPTON; CITY OF | ** Support | |
| Concerned Women for America | ** Support | |
| Corona Police Officers Association | ** Support | |
| County Of San Diego | ** Support | |
| Cruise Los Angeles | ** Against | |
| Culver City Police Officers' Association | ** Support | |
| Dance Awareness: No Child Exploited | ** Support | |
| Debt Free Justice California | ** Against | |
| Decrimsexworkca | ** Against | |
| Diamond Collective | ** Support | |
| Drug Policy Alliance | ** Against | |
| East Bay Community Law Center | ** Against | |
| Ella Baker Center For Human Rights | ** Against | |
| End the Epidemics: Californians Mobilizing to End Hiv, Viral Hepatitis, Stis, and Overdose | ** Against | |
| Equality California | ** Against | |
| Equality New York | ** Against | |
| Erotic Service Providers Legal, Education, and Research Project | ** Against | |
| Exodus Cry | ** Support | |
| Fieldstead And Company, Inc. | ** Support | |
| Fullerton Police Officers' Association | ** Support | |
| Harm Reduction Services | ** Against | |
| Harvey Milk LGBTQ Democratic Club | ** Against | |
| Immigrant Legal Resource Center | ** Against | |
| Initiate Justice | ** Against | |
| Initiate Justice Action | ** Against | |
| Justice At Last | ** Against | |
| Justice2jobs Coalition | ** Against | |
| LA Defensa | ** Against | |
| Larkin Street Youth Services | ** Against | |
| League Of California Cities | ** Support | |
| Lieutenant Governor Eleni Kounalakis | ** Support | |
| Lifeline Community Services | ** Support | |
| Lighthouse Baptist Church | ** Support | |
| Lighthouse Charter School | ** Support | |
| Local 148 La County Public Defenders Union | ** Against | |
| Los Angeles County Professional Peace Officers Association | ** Support | |
| Los Angeles School Police Management Association | ** Support | |
| los angeles school police officers association | ** Support | |
| Love Never Fails | ** Support | |
| Mayor Todd Gloria, City of San Diego | ** Support | |
| Murrieta Police Officers' Association | ** Support | |
| NASW California | ** Against | |
| National Center on Sexual Exploitation | ** Support | |
| Newport Beach Police Association | ** Support | |
| North Fork Rancheria Of Mono Indians Of California | ** Support | |
| North San Diego County Human Trafficking Collaborative | ** Support | |
| Oasis Legal Services | ** Against | |
| Orange County Sheriff's Department | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| Peace Officers Research Association Of California | ** Support | |
| Pillars of Hope, Incorporated | ** Support | |
| Placer County Deputy Sheriffs' Assocation | ** Support | |
| Pomona Police Officers' Association | ** Support | |
| Rights4Girls | ** Support | |
| Rising Worldwide | ** Against | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs' Association | ** Support | |
| Sacramento County Probation Association | ** Support | |
| Sacramento County Sheriff Jim Cooper | ** Support | |
| Sacramento County Young Democrats | ** Support | |
| Sacramento Mayor Kevin McCarty | ** Support | |
| San Diego County District Attorney's Office | ** Support | |
| San Diego County Probation Officers Association | ** Support | |
| San Diego Regional Chamber Of Commerce | ** Support | |
| San Francisco Aids Foundation | ** Against | |
| San Francisco Public Defender | ** Against | |
| San Joaquin County Probation Officers Association | ** Support | |
| San Mateo County Probation Detention Association | ** Support | |
| Santa Ana Police Officers Association | ** Support | |
| Set Free Marriage and Family Therapy, INC. | ** Support | |
| Sex Worker Outreach Project Behind Bars | ** Against | |
| sex workers outreach project los angeles | ** Against | |
| Shingle Springs Band Of Miwok Indians | ** Support | |
| Silicon Valley De-Bug | ** Against | |
| Smart Justice California, a project of Tides Advocacy | ** Against | |
| Special Operations Finding Kids | ** Support | |
| STANTON; CITY OF | ** Support | |
| State Building and Construction Trades Council | ** Support | |
| STOCKTON; CITY OF | ** Support | |
| Stripper Worker Center | ** Against | |
| Strippers United INC | ** Against | |
| Survivor Leader Network Of San Diego | ** Support | |
| Survivor Policy Coalition | ** Against | |
| Swop Behind Bars | ** Against | |
| The Sidewalk Project | ** Against | |
| The Translatin@ Coalition | ** Against | |
| Unique Woman's Coalition | ** Against | |
| Unique Woman’s Coalition | ** Against | |
| United Auburn Indian Community | ** Support | |
| Universidad Popular | ** Against | |
| Valor US | ** Against | |
| VENTURA COUNTY PROFESSIONAL PEACE OFFICERS ASSOCIATION | ** Support | |
| Vera Institute Of Justice | ** Against | |
| Women'S Foundation California | ** Against | |
| Women'S Liberation Front | ** Support | |
| Woodhull Freedom Foundation | ** Against | |
| Yocha Dehe Wintun Nation | ** Support | |
| Yolo County Probation Association | ** Support | |
| ZOE International | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 379 |
THIRD READING
Bill No: AB 379
Author: Schultz (D) and Nguyen (D), et al.
Amended: 5/8/25 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/10/25
AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 7/7/25
AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Dahle
ASSEMBLY FLOOR: 74-0, 5/15/25 - See last page for vote
SUBJECT: Crimes: prostitution
SOURCE: Author
DIGEST:
This bill (1) increases the penalty for solicitation of a minor in specified circumstances; (2) makes it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified; (3) creates the Survivor Support Fund to fund grant programs to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation; (4) creates the human trafficking vertical prosecution grant program; and (5) increases civil penalties for specified human trafficking-related violations by businesses.
ANALYSIS:
Existing law:
- Makes it a misdemeanor to solicit anyone to engage in, or engage in, lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (Penal (Pen.) Code, § 647, subd. (a).)
- Makes it a misdemeanor, except as specified, to solicit, agree to engage in, or engage in any act of prostitution with the intent to receive compensation, money, or anything of value from another person. (Pen. Code, § 647, subd. (b)(1).)
- Makes it a misdemeanor, except as specified, to solicit, agree to engage in, or engage 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. (Pen. Code § 647, subd. (b)(2).)
- Makes it a misdemeanor, except as specified, to solicit, or agree to engage in, or engage 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. (Pen. Code § 647, subd. (b)(3).)
- Makes the aforementioned prostitution offenses inapplicable 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, be a violation of these provisions. (Pen. Code § 647, subd. (b)(5).)
- Provides that if the crime of solicitation of a minor is committed and the defendant is 18 years of age or older and knew or should have known that the person solicited was a minor at the time of the offense, the violation is a misdemeanor, except as specified, 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 $10,000, or by both that fine and imprisonment. Allows the court, in unusual cases, when the interests of justice are best served, to reduce or eliminate the mandatory two days of imprisonment in a county jail. (Pen. Code § 647, subd. (l)(1).)
- Makes solicitation of a minor by an adult an alternate felony-misdemeanor (“wobbler”) in the following circumstances:
- The minor solicited was under 16 years old at the time of the offense; or,
- The solicited minor was under 18 years of age at the time of the offense and was a victim of human trafficking. (Pen. Code § 647, subd. (l)(2).)
- Makes a defendant’s first violation of solicitation of a minor by an adult punishable as either a misdemeanor by imprisonment in the county jail for not more than one year and a fine not exceeding $10,000 or as a felony by imprisonment in the county jail for 16 months, two years, or three years. (Pen. Code § 647, subd. (l)(2)(A).)
- Makes a second or subsequent violation punishable as a straight felony by imprisonment in the county jail for 16 months, two years, or three years. (Pen. Code § 647, subd. (l)(2)(B).)
Former law:
1) Made it a misdemeanor to loiter in a public place with the intent to commit prostitution. (Former Pen. Code § 653.22 [repealed] and Pen. Code, § 653.26.)
2) Stated that among the circumstances that may be considered in determining whether a person loiters with intent to commit prostitution are that the person:
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of loitering in a public place with the intent to commit prostitution, or other offenses related or involving prostitution, within five years of the current arrest;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution;
- Has engaged, within six months prior to the current arrest, in any behavior described in this subdivision or any other behavior indicative of prostitution activity. (Pen. Code, § 653.22, subd. (b), repealed.)
3) Stated that the circumstances set forth above are not exclusive. These circumstances should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case. (Pen. Code, § 653.22, subd. (c), repealed.)
This bill:
- Expands the aforementioned circumstances to make solicitation of a minor by an adult punishable as an alternate felony-misdemeanor (“wobbler”) where the solicited minor was more than three years younger than the defendant at the time of the offense.
- Provides that if a defendant is granted probation for the above wobbler offense, the court is required to order the defendant to successfully complete an education program on human trafficking and the exploitation of children, and prohibits imposition of a fee for the program.
- Makes it misdemeanor for any person to loiter in a public place with the intent to purchase commercial sex.
- Specifies that the intent to purchase commercial sex is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
- Requires CalVCB to establish a grant program to provide grants to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation.
- States that CalVCB shall, in a manner determined by the board, award grants to CBOs that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
- Creates the Survivor Support Fund within the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grant program.
- Mandates an additional $1,000 fine on top of any other punishment imposed on a person who violates the laws prohibiting solicitation or prostitution where the person provides compensation for the act and requires the collected fines to be deposited in the Survivors Support Fund.
- Mandates an additional fine of $1,000, to be deposited in the Survivor Support Fund, in addition to any other punishment for loitering in a public place with the intent to purchase commercial sex.
- Creates within the CalOES a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
- Requires CalOES, to the extent funds are available, to allocate and award funds ("vertical prosecution grants") to up to 11 district attorney offices that employ vertical prosecution methodology for human trafficking crimes and meet other minimum criteria, as specified.
- Requires CalOES to submit, on or before January 1, 2028, a report to the Legislature and the Governor's office that describes the counties that received vertical prosecution grants, the number of prosecutions for human trafficking cases filed by the counties, the number of human trafficking convictions obtained, and the sentences imposed for human trafficking crimes.
- Requires CalOES to retain no more than 10% of funds appropriated for the vertical prosecution grant program for its administrative costs, including technical assistance, training, and the cost of producing the report.
- Increases existing civil penalties for a business or establishment, as specified, which fails to comply with requirements to post public notices and conduct employee trainings regarding human trafficking, from $500 to $1,000 for a first offense, and from $1,000 to $2,000 for each subsequent offense.
- Authorizes the Attorney General (AG) to enforce violations of the notice and employee training requirements. Requires any fines collected for violations of the requirements to be deposited into the Survivors Support Fund.
- Increases existing civil penalties, as specified, for a hotel in which sex trafficking activity occurred and a supervisor failed to inform law enforcement or an appropriate victim service organization within 24 hours, or an employee of the hotel knowingly benefited by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel.
- Authorizes the AG to enforce the aforementioned hotel sex trafficking violations. Requires any fines collected for violations to be deposited into the Survivors Support Fund.
- Expresses legislative intent to include adopting the strongest laws to protect 16- and 17-year old victims and strengthen protections in support of survivors of human trafficking.
Comments
Solicitation of a Minor. In California, acts of prostitution and solicitation for prostitution are crimes. Prostitution is engaging in sexual intercourse or a lewd act in exchange for money or other compensation. Solicitation for prostitution is communicating or accepting a request for sexual intercourse or a lewd act in exchange for money or other compensation. (Pen. Code, § 647, subdivision (b).) However, a minor cannot legally consent to sex and is not criminally liable for participating in a commercial sex transaction. (Pen. Code, § 647, subd. (b)(5).)
Currently, a prosecutor may charge a defendant with solicitation of a minor, as follows:
- Solicitation of a minor who was under 16 years of age at the time of the offense is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense and was a victim of human trafficking is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense, where the solicited minor was not a victim of human trafficking, is a misdemeanor. (Pen. Code, § 647, subds. (b) & (l).)
A wobbler is an offense that may be charged as a misdemeanor or a felony at the discretion of a prosecutor. This bill additionally makes solicitation of a minor a wobbler if the solicited minor was more than three years younger than the defendant at the time of the offense.
A number of other crimes, including crimes with felony penalties, already exist relating to solicitation of a minor. Soliciting (arranging a meeting with) a minor for lewd purposes is punishable as a misdemeanor, or as a state prison felony under some circumstances (if the defendant goes to the arranged meeting or is required to register as a sex offender). (Pen. Code, § 288.4.) Contacting or communicating with a minor with the intent to commit a specified sex offense is punishable in state prison. (Pen. Code, § 288.3.) To be guilty of this offense, the defendant must have known or should have known the person is a minor. (Ibid.) “Sexting” a minor is a wobbler punishable as a misdemeanor or state prison felony. (Pen. Code, § 288.2.) To be guilty of this offense, the defendant must have known, or should have known, or believed that the person is a minor. (Ibid.) Luring or attempting to lure a minor under the age of 14 is punishable as an infraction or misdemeanor. (Pen. Code, § 272, subd. (b)(1).) To be guilty of this offense, the defendant must have known or reasonably should have known that the minor is under 14 years of age. (Ibid.)
Offenses involving sexual contact with a minor are distinct from solicitation. Under current law, sexual intercourse with a minor is criminalized under California’s statutory rape law. Depending on the difference in age between the defendant and the victim, statutory rape is punishable as a misdemeanor or a county jail felony. (Pen. Code, § 261.5.) Lewd acts with a minor 14 or 15 years of age and under is usually punished as a felony. The sentence, which can be up to life in state prison, depends on the age of the child and the circumstances of the offense. (Pen. Code, § 288.)
Loitering Offense. Until 2022, it was a misdemeanor offense to loiter in a public place for the purpose of engaging in prostitution, meaning loitering with the intent to participate in a commercial sex transaction as a sex buyer or a sex worker. (See former Pen. Code, § 653.22.) The law specified non-exclusive circumstances that could be considered in determining whether a person was loitering with intent to commit prostitution (former Pen. Code, § 653.22, subd. (b)):
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops, or attempts to stop, motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of violating this section, or other offenses related or involving prostitution, within five years of the arrest under this section;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution; and,
- Has engaged, within six months prior to the arrest for loitering, in loitering behavior, or any other behavior indicative of prostitution activity.
A study conducted in 2019 through the Los Angeles County Public Defender’s office compiled data from all of the charges of violations of Penal Code section 653.22 reported from the Compton Branch of the Public Defender’s office. During a one-week period of time, a total of 48 cases were reported. (https://www.zefflawfirm.com/wp-content/uploads/2021/11/Sex-Work-in-Compton-Report-Derek-Demeri.pdf (“Sex Work in Compton”) [as of May 28, 2025].)
The study found that the majority of arrests were made up of young Black women. 42.6% of arrests were for people aged 21-24 with the next highest rate being 23.4% for people aged 18-20. As for race, 72.3 percent were Black with the next highest rate being 17% for Hispanic. (Sex Work in Compton, supra, at pp. 2-4.)
Probable cause was most commonly established by the arrestee’s presence in an area known for sex work, their clothing, and motioning in a flirtatious manner to vehicles. (Sex Work in Compton, supra, at p. 14.) In 26.1 percent of the arrests for loitering, the person arrested had no prior sex work-related convictions. (Id. at p. 11.) In 76.7 percent of cases, alleged suspects were characterized as wearing revealing clothing as evidence in support of intent to solicit a sex act. (Id. at p. 12.) Finally, in 45 out of 48 cases, the suspect’s state of dress was the stated basis for probable cause to arrest. Other stated reasons for establishing probable cause for the arrest include possession of a cellphone, possession of cash, reacting to presence of police, giving conflicting information about activities, among many other stated reasons. (Id. at p. 14.)
According to the Yale Global Health Partnership in June 2020, arrest and conviction records for prostitution-related crimes make it harder for sex workers, and those cited for unlawful sex work, to find alternative employment - holding them in street economies and economic hardships -- “exacerbating ongoing race and gender discrimination.” (https://law.yale.edu/sites/default/files/area/center/ghjp/documents/consequences_of_criminalization_v2.pdf [as of May 28, 2025].) “Criminalization exacerbates the barriers to housing, public benefits, and other social supports especially needed by street-based sex workers.” (Ibid.) “Criminalization of sex work disproportionately affects women, trans and gender nonconforming people, people of color, and immigrant communities.” (Ibid.)
Three years ago, the Legislature passed and Governor Newsom signed SB 357 (Wiener), Chapter 86, Statutes of 2022, which repealed the loitering offense. This bill reestablishes the crime of loitering with intent to purchase commercial sex. The crime is punishable as a misdemeanor with up to 6 month imprisonment and a fine of up to $1,000. (Pen. Code, §§ 19, 653.26.)
This bill also largely reenacts the circumstances that can be used to prove a person’s intent, including being in a public place known for prostitution (former Pen. Code, § 653.22, subd. (c)), circling an area in a motor vehicle (former Pen. Code, § 653.22, subd. (b)(4)) and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists or making unauthorized stops (former Pen. Code, § 653.22, subd. (b)(1)-(2)). However, this bill is unlike the repealed loitering law in a significant manner.
The former loitering law stated that the requisite “intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution or procuring another to commit prostitution” and included the above as circumstances the jury “may” consider in determining whether a person was loitering with the intent to commit prostitution. The former loitering law also provided that “[i]ntent must be determined based on an evaluation of the particular circumstances of each case.
This bill, on the other hand, states: “This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.” (Italics added.)
Unlike the former loitering statute, this bill appears to state that the presence of any of the aforementioned circumstances necessarily evidences an intent to commit prostitution, rather than providing these as circumstances for the jurors’ consideration in determining whether a person loitered with the requisite intent (as the former loitering law did). As such, the language of this bill may be unconstitutionally overbroad. For example, in a given case, an individual could be repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists because they are having car trouble. They could be circling an area looking for a friend or a parking spot. They could be present in an area known for prostitution simply because they live there, work there, are meeting a friend, etc. (Zwickler v. Koota (1967) 389 U.S. 241, 249-250 [A statute is overbroad if it attempts to achieve a governmental purpose to control or prevent activities constitutionally subject to state regulation by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.]; Papachristou v. City of Jacksonville (1972) 405 U.S. 156, 164-66 [the right to walk, stroll, or wander aimlessly is a liberty within “the sensitive First Amendment area” that is protected by the Fourteenth Amendment]; see also Kolender v. Lawson (1983) 461 U.S. 352, 358 [loitering statute implicates First Amendment liberties and “constitutional right to freedom of movement”].)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Office of Emergency Services (CalOES): CalOES indicates, based on historical data from similar victim services grant programs, cost pressures associated with the Human Trafficking Prevention Vertical Prosecution Program established by this bill, likely in the millions of dollars (General Fund) to fund eleven projects annually. CalOES notes that it typically sets aside 5% for administrative costs for awarding grants, including data collection, production of the proposed report, etc. According to CalOES, the bill, as written, allows CalOES to retain up to 10% for administrative costs. CalOES will also incur workload cost pressures associated with submitting a report to the Legislature.
- California Victim Compensation Board (CalVCB): CalVCB indicates a range of potential administrative costs from $155,000 to $799,000 per year (General Fund) to establish and administer the Survivor Support Fund grant programs. According to CalVCB, it is unknown how many organizations will apply, qualify, and ultimately receive grant awards. If five service providers concurrently receive grant funding, CalVCB estimates it would need one additional AGPA position at a total cost of $155,000 per year. If 20 service providers concurrently receive grant funding, CalVCB estimates it would need four additional AGPA positions at a total cost of $620,000 per year and one additional SSM I position at a cost of $179,000 per year. The total of these positions would be $799,000 per year.
- State Controller’s Office (SCO): Unknown, likely minor and absorbable administrative costs (General Fund) to create and manage the newly created Survivor Support Fund account within the State Treasury.
- Trial Courts: Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the increased civil and criminal penalties in this bill. Defendants are constitutionally guaranteed certain rights during criminal proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation). Increasing penalties leads to lengthier and more complex court proceedings with attendant workload and resource costs to the court. An eight-hour court day costs approximately $10,500 in staff in workload. This is a conservative estimate, based on the hourly rate of court personnel including at minimum the judge, clerk, bailiff, court reporter, jury administrator, administrative staff, and jury per-diems. The fiscal impact of this bill to the courts will depend on many unknowns, including the numbers of people charged with an offense and the factors unique to each case.
By way of example, the number of criminal charges for the loitering offense reenacted by this bill easily could be somewhere in the thousands annually.[1] If each case takes only one court day, it would cost the courts at minimum tens of millions dollars. This estimate does not include the additional court costs resulting from the increased punishment for solicitation and the civil penalties for businesses and hotels. Further, as discussed in more detail below, this bill may result in additional trial court costs to the extent that cases are brought to litigate its constitutionality.
While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- County Probation Departments: Unknown, potentially significant cost pressures (local funds, General Fund) to county probation departments if individuals convicted under this bill are supervised locally in the community in lieu of or in addition to incarceration. Actual supervision costs will vary by each county probation department and how many individuals sentenced to probation, mandatory supervision, or post release community supervision as a result of this bill. County probation agencies will incur additional cost pressures because this bill requires, if the defendant is granted probation for a solicitation conviction, the court to order the defendant to successfully complete an education program on human trafficking and the exploitation of children, at no cost to the defendant. It is not clear whether the county probation duties imposed by this bill constitute a reimbursable state mandate or whether they may be subject to Proposition 30 (2012). Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent the state provides annual funding for the cost increase.
- County Jails: Unknown, potentially significant costs (local funds) to the counties to incarcerate people arrested for the crimes in this bill. The average annual cost to incarcerate one person in county jail varies by county, but likely ranges from $70,000 to $90,000 per year. For example, in 2021, Los Angeles County budgeted $1.3 billion for jail spending, including $89,580 per incarcerated person. Actual incarceration costs to counties will depend on the number of convictions and the length of each sentence. This bill provides for imprisonment in a county jail for up to one year for soliciting sex, as specified, and reenacts the offense of loitering to purchase sex, which is also punishable by imprisonment in county jail.
To illustrate, Los Angeles County made over 2,000 arrests loitering to commit prostitution during the period of January 1, 2020, to February 28, 2022.[2] Assuming people are incarcerated for only two days in jail under this bill, it would cost the Los Angeles County at least $245,000 annually. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012). - California Department of Corrections and Rehabilitation (CDCR): Unknown, potentially significant costs (General Fund) to CDCR to incarcerate people for the increased penalties in this bill. While most individuals incarcerated under this bill will serve their sentences in county jail, this bill specifies that violations are punishable “pursuant to subdivision (h) of Section 1170.” Under subdivision (h) of Section 1170 of the Penal Code, if the defendant has specified prior felony convictions, the sentence for a felony shall be served in the state prison. The Legislative Analyst’s Office (LAO) estimates the average annual cost to incarcerate one person in state prison is $133,000. The annual cost of operating a mental health crisis bed at CDCR is around $400,000. As part of the ongoing Coleman court case, CDCR has been incurring fines monthly since April 2023 for failing to reduce vacancy rates of mental health staff. The state has paid over $200 million in fines to date, and is still accruing fines. Thus, if even if just one person is sentenced to state prison under this bill, it will add significant costs pressures to CDCR.
- Department of State Hospitals (DSH): Unknown, potential cost pressures (General Fund) to DSH, in order to adequately house, treat, and care for persons committed to DSH that otherwise would not be. Cost pressures to DSH are connected with an increase in state prison sentences. Creating new crimes will increase the number of defendants declared incompetent to stand trial (IST) or committed to DSH due to their being not guilty by reason of insanity. DSH’s proposed budget for fiscal year 2025-26 totals $3.4 billion – an increase of $3.4 million from the 2024 Budget Act. An increase the DSH population would result in the need for additional funding.
- Department of Justice (DOJ): DOJ indicates no significant fiscal impact associated with this bill. The DOJ notes however, numerous bills this session may result in no significant impact to the DOJ, should an aggregate of these bills chapter, the DOJ would submit a workload BCP for additional resources to process the increase to the DOJ workload.
SUPPORT: (Verified 7/9/2025)
City of San Diego (Sponsor)
Mayor Todd Gloria, City of San Diego (Sponsor)
Lieutenant Governor Eleni Kounalakis (Co-Sponsor)
Sacramento County Sheriff Jim Cooper (Co-Sponsor)
San Diego County District Attorney's Office (Co-Sponsor)
Arcadia Police Officers' Association
Bilateral Safety Corridor Coalition
Brea Police Association
Burbank Police Officers' Association
California Association of School Police Chiefs
California Baptist for Biblical Values
California Catholic Conference
California Civil Liberties Advocacy
California Coalition of School Safety Professionals
California District Attorneys Association
California Narcotic Officers' Association
California Police Chiefs Association
California Reserve Peace Officers Association
City of Carlsbad
City of Riverside
City of Salinas
City of Stanton
Claremont Police Officers Association
Compton; City of
Corona Police Officers Association
Culver City Police Officers' Association
Fieldstead and Company, INC.
Fullerton Police Officers' Association
League of California Cities
Lifeline Community Services
Lighthouse Baptist Church
Los Angeles County Professional Peace Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
North San Diego County Human Trafficking Collaborative
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Rights4girls
Riverside Police Officers Association
Riverside Sheriffs' Association
Sacramento County Young Democrats
San Diego Regional Chamber of Commerce
Santa Ana Police Officers Association
Special Operations Finding Kids
Stanton; City of
Stockton; City of
Survivor Leader Network of San Diego
Women's Liberation Front
OPPOSITION: (Verified 7/9/2025)
ACLU California Action
Artists Revolt
Bay Area Workers Support
Black Women for Wellness Action Project
California Attorneys for Criminal Justice
Californians for Safety and Justice
California Public Defenders Association
California Women's Law Center
Californians United for a Responsible Budget
Center on Reproductive Rights and Justice At Berkeley Law
Choose Your Path Foundation
Co. Dionysus LLC
Coalition to Abolish Slavery and Trafficking
Cruise Los Angeles
Debt Free Justice California
Decrimsexworkca
Drug Policy Alliance
East Bay Community Law Center
Ella Baker Center for Human Rights
Equality New York
Erotic Service Providers Legal, Education, and Research Project
Harvey Milk Lgbtq Democratic Club
Immigrant Legal Resource Center
Initiate Justice
Initiate Justice Action
Justice At Last
LA Defensa
Local 148 LA County Public Defenders Union
San Francisco Public Defender
Sex Worker's Outreach Project Los Angeles
Silicon Valley De-Bug
Smart Justice California, a Project of Tides Advocacy
Stripper Worker Center
Survivor Policy Coalition
Swop Behind Bars
The Sidewalk Project
Unique Woman's Coalition
Universidad Popular
Woodhull Freedom Foundation
ARGUMENTS IN SUPPORT:
According to the San Diego District Attorney’s Office, a co-sponsor of this bill:
Human trafficking is a $150 billion global industry and is one of the fastest growing criminal enterprises in the world. California has the highest number of human trafficking incidents reported by the National Human Trafficking Hotline. Point Loma Nazarene University and the University of San Diego released a joint study that estimates more than 3,500 victims are trafficked each year in San Diego County, earning their traffickers an estimated 810 million dollars. The study also found that 16 years was the average age of adolescents entering into a life of prostitution. In addition, each of the high schools studied had evidence of recruitment on their campuses, and 90 percent of those high schools had documented cases of human trafficking.
The data indicates that our youth are being exploited, with even more at risk of becoming victims. Our cases show that child victims are often so closely tied to their traffickers that they struggle to recognize the abuse they are enduring. Traffickers take advantage of the emotional vulnerability of children, particularly those who are runaways, in foster care, or have experienced previous abuse. The trafficker manipulates the victim into believing they are part of a family and that they will always be together. Vulnerable children deeply desire this sense of belonging, leading them to remain loyal to their trafficker even in the face of violence and exploitation.
In 2022, California lawmakers passed Senate Bill 357, which repealed the crime of loitering with intent to commit prostitution. Shortly after the passage of SB 357, the illicit sex trade became increasingly visible on our public streets, where transactions are openly occurring in front of law enforcement. As a result, more exploitation of trafficked women and girls is happening in our communities. Several news outlets have shared accounts of concerned community members seeing brazen acts of pimping on public roads and even near school grounds. The people who profit from the human trafficking trade feel emboldened to commit these acts and not only recruit more victims and dehumanize them, but also further control those already in the industry.
As District Attorney for San Diego County, the second largest county in California, I have devoted my life to protecting the most vulnerable and leading the fight against human trafficking. AB 379 will protect the most vulnerable among us. AB 379 would allow police officers to, once again, contact individuals loitering for prostitution in public places near children. As a result, officers can identify, intervene, and offer resources to victims who need them and prevent further exploitation by enforcing laws violated by traffickers and illicit sex purchasers. When Governor Gavin Newsom signed SB 357 into law, he did so with clear trepidation – promising to monitor for unintended consequences and pledged to act if he saw them. We have seen the devastating consequences of SB 357 – the proliferation of commercial sex transactions occurring openly on our public streets, schools, and parks near our children. Now is the time to act. This bill will fight to protect victims, strengthen prevention, and increase the prosecution of those who buy and sell human beings.
This bill focuses on two crucial areas to combat human trafficking: 1) it enables law enforcement to intervene and prevent buyers from purchasing individuals for sex, and 2) it allocates essential resources, at no cost to taxpayers, to offer shelter and mental health support for victims of human trafficking.
Our laws must unequivocally assert that human beings are not commodities. We must equip law enforcement with the necessary tools to protect victims from traffickers and exploitative buyers, while also expanding resources to aid victims in their recovery. I am honored to co-sponsor Assembly Bill 379, an essential piece of legislation designed to enhance our human trafficking laws. By strengthening these laws, we can safeguard our most vulnerable citizens and prevent devastating harm to their lives.
ARGUMENTS IN OPPOSITION:
According to Survivor Policy Coalition:
By criminalizing loitering with intent to purchase sex, these bills would put sex workers, including those who are trafficked, at greater risk of harm, create opportunities for racial profiling, anti-2SLGBTQIA+ biased enforcement, increase the risk of arrest for queer teenagers in consensual relationships, and ignore best practices for funding services for trafficking survivors. While we support meaningful efforts to combat human trafficking and provide resources to survivors, this bill relies on ineffective, harmful, and historically discriminatory approaches that undermine the rights and safety of the very individuals it claims to protect.
Criminalizing the Purchase of Sex Endangers People Who Sell Sex
AB-379 and AB-63 perpetuate the racist “end demand” approach built on the White Slave Trafficking Act of 1910 around the known myth of white sex slaves, which has consistently resulted in the criminalization of vulnerable people, including trafficking survivors, rather than addressing the systemic conditions that lead to exploitation. The bill acknowledges the harms of criminalizing survivors, while advancing the same failed law enforcement-centered tactics that have historically led to their arrests. California was one of the first states in the nation to authorize Vacatur laws to overturn biased convictions where a victim of trafficking was arrested for these very crimes being reimposed. No place in the US tracks any information on the vacatur cases and how many victims of trafficking have successfully overturned their convictions, so there is no data available as to how many victims of trafficking are arrested, charged, and convicted under loitering with intent. Beth Jacobs spent her life advocating for vacature laws to overturn her 83 convictions obtained whilst being trafficked, she died before she was able to remove those convictions fully from her record. She alone had 27 loitering with intent charges as part of her conviction record. That is one survivor unidentified 27 times under these very laws being reintroduced in the state of California.
When buyers are criminalized, persons who sell sex have less time to screen clients for risks or negotiate safety.[3] Amnesty International reported on sex workers “feeling pressured to visit customers’ homes so that buyers can avoid the police – meaning sex workers have less control and may have to compromise their safety.”[4] The University of Southern California’s International Human Rights Clinic found that public health approaches to trafficking in commercial sex are far more effective than law enforcement operations.[5] The recent police killing of a transgender trafficking victim who called law enforcement for help shows the perils in relying on a criminal justice response to trafficking.[6]
California’s Shameful History of Anti-Loitering Laws & Selective Use of Solicitation Laws
Anti-loitering and solicitation statutes, like the one at issue in AB-379, have been used disproportionately against people of color, 2SLGBTQIA+ individuals, and those experiencing poverty, under the pretext of public safety. California’s initial loitering law, enacted by the first California Legislature in 1850, was written to arrest and indenture Indigenous people.[7] Loitering with intent was officially codified into California law in 1871. Vague and discriminatory laws like AB 379 that broadly criminalize a wide range of otherwise lawful behaviors have led to arbitrary and biased policing, where individuals—particularly Black and Brown women, transgender people, and those perceived to be engaging in sex work—are stopped, harassed, and arrested based on profiling rather than evidence of any criminal activity.
Solicitation laws have also been used for decades to police gay men’s sexual activity, from Comptons Cafeteria raids in 1966, the New Year’s Eve of 1964 raids on the drag ball at California Hall, and many other raids by police along Polk and the Tenderloin districts.[8] Raids on the gay community are still happening in the US today, on May 6th 2025 a raid was held in Pittsburgh at P-Town a well known gay bar in the US.[9] Even after Lawrence v. Texas (the U.S. Supreme Court case finding unconstitutional a Texas law that banned homosexual adults from engaging in consensual sexual acts), police departments in California continue to regularly target and arrest gay men on charges of solicitation and other offenses such as lewdness.[10] 2SLGBTQIA+ people in many communities are also simply more frequently stopped by police than non-2SLGBTQIA+ people.[11] Disproportionate enforcement is often fueled by purposeful or implicit bias on the part of law enforcement.[12] AB-379 will only exacerbate this issue. Existing on a street in a community historically overpoliced and knowing your community to engage in conversations with your own community can be perceived, by law enforcement, as the intention to commit this crime. Having a previous conviction for existing within your own community—or an unidentified victim of trafficking is a crime as defined. Being lost in an area and seeking assistance from people to find your way is a potential indication of intent to solicit. Policing the thoughts and intentions of someone on the streets has for 175-years of Californian history been directly imposed upon those communities most marginalized and most in need of services. This coupled with the corrected language in AB-63 where being 2SLGBTQIA+ attempting poorly to ensure this community is not “perceived” to be soliciting within the community, is to attempt to offer services, and is to attempt to document their “efforts” to not incarcerate people for existing. The intention of the authors of these bills to create language to be “inclusive” of communities affected by over policing is fascinating when we have such a long and sorted history within the implementation of these laws. Intent-based criminalization has historically been enabling law enforcement to read minds to know the intention of a person on the streets, without the luxury of legislatures writing their intentions into law publicly to be known.
Similarly, data collected by the ACLU in California shows that police and prosecutors are far more likely to arrest or prosecute Black and Hispanic men for purchasing sex.
By relying on vague definitions of “intent,” these laws opens the door for biased policing that will ultimately harm survivors rather than support them. These types of laws have been widely criticized for enabling racial profiling, increasing incarceration rates, and diverting resources away from community-based solutions. Endorsing ineffective and harmful legal tools under the guise of trafficking prevention is a step backward in California’s fight for justice and human rights.
Unjust and Unreliable Funding Streams For Vitally Needed Services
AB-379 seeks to create new funding streams for services for survivors of trafficking in commercial sex, but it does so without adequate planning or engagement with current funding mechanisms within California. It ignores the act that the Global Slavery Index report shows seventy-seven percent of trafficking is labor trafficking, this intentional exclusion of labor trafficking and sex trafficking only legislation intentionally ignores over half the known trafficking problem to prioritise the White Slave Traffick Myths of the 1900s as codified into US law with the White Slave Traffic Act of 1910.[13] We support funding for services for sex workers and trafficking survivors – housing, jobs, training, record clearances – but it should be funded in a serious and sustained way, from state or local general funds. Fines are unreliable, as they have to be extracted from low-income defendants. From year to year, public dollars would be spent on debt collection, and each year, programs would be unable to plan their budgets. Furthermore, criminal debt is a burden on the convicted person’s family, robbing them of money for housing, food and other necessities.
Arrest-driven funding structures are fiscally ineffective and unstable sources for critical services. True survivor support requires long-term investments in housing, economic opportunities, and voluntary, trauma-informed services—not an increase in policing and court involvement.
Ignoring Best Practices for Funding Organizations That Serve Survivors
California already has a process for funding organizations that provide services to survivors of trafficking through the Office of Emergency Services (OES). OES has developed guidelines to ensure that funding goes to organizations that provide effective, evidence-based services. AB-379 would create a new “Survivor Support Fund” under the California Victim Compensation Board, which would create redundancy and ignore OES funding criteria.
Attempts to Override Recent and Carefully Balanced Provisions Related to Minors
The inclusion of provisions related to minors in AB-379 disregards legislation enacted just last year and considerations on this issue. Specifically, AB-379 attempts to undo key amendments made to SB-1414 (Grove - 2024), which ensured that young people would not be subjected to felony prosecutions and punishments for engaging in consensual relationships with other young people. The Legislature passed SB-1414, as amended, in recognition of concerns raised by youth advocates about how parents have used the criminal legal system to target relationships based on racism or anti-2SLGBTQIA+ discrimination. At the same time, the law passed last year recognizes that any case involving an exploited minor aged 16 or 17 should be subject to more serious consequences. This law has been in effect for only six months.
AB-379 removes the careful balance struck by SB-1414, reinstating a broad criminalization approach that will only punish more young people. This is deeply problematic, as we know from public health models that punishment is not an effective strategy for behavior modification of young people. Rather than re-investing in failed criminalization tactics, California should prioritize comprehensive, survivor-centered solutions that address the root causes of trafficking. This includes expanding economic opportunities, increasing access to permanent supportive housing, and ensuring the availability of voluntary, low-barrier services that empower individuals rather than entrenching them in the criminal justice system.
ASSEMBLY FLOOR: 74-0, 5/15/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bonta, Castillo, Quirk-Silva, Stefani
Prepared by: Cheryl Anderson / PUB. S. /
7/9/25 17:52:29
**** END ****
See, Senate Appropriations Committee Analysis of SB 357 (Weiner), Chapter 86, Statutes of 2022 ["the number of convictions for loitering with the intent to commit prostitution easily could be somewhere in the thousands”]; Californians for Privacy, County Fact Sheet, available at: https://ca4privacy.org/s/County-Fact-Sheet-Summary-1.pdf [32 of 58 counties reported 3,805 arrests for loitering with the intent to commit prostitution during the period of January 1, 2020, to February 28, 2022]; D. Demeri, Policing of People in the Sex Trades in Compton: Analysis of Section 653.22 Clients, Law Offices of the Los Angeles County Public Defender (2019), available at: https://www.zefflawfirm.com/wp-content/uploads/2021/11/Sex-Work-in-Compton-Report-Derek-Demeri.pdf [A study conducted in 2019 through the Los Angeles County Public Defender’s office compiled data from all of the charges of loitering for purposes of prostitution reported from the Compton Branch of the Public Defender’s office. During a one-week period of time, a total of 48 cases were reported.] ↑
Californians for Privacy, supra note 1. ↑
Charlotte Alter, Catching Johns: Inside the National Push to Arrest Men Who Buy Sex, Time Magazine, available at http://time.com/sex-buyers-why-cops-across-the-u-s-target-men-who-buy-prostitutes/. ↑
Amnesty International, Q&A: Policy to Protect the Human Rights of Sex Workers, available at https://www.amnesty.org/en/qa-policy-to-protect-the-human-rights-of-sex-workers/. ↑
International Human Rights Clinic, USC Gould School of Law, Over-Policing Sex Trafficking: How U.S. Law Enforcement Should Reform Operations (2021) at 52. ↑
Libor Janey, A trans sex worker called 911 to ireported being kidnapped. LAPD officers shot and killed her Los Angeles Times (Mar. 9, 2025). ↑
Kimberly Johnson-Dodds, Early California Laws and Policies Related to California Indians (California Research Bureau: 2002) 8 at https://www.csus.edu/college/education/engagement/_internal/_documents/indian_early_california_laws_and_policies_related_to_california_indians.pdf. ↑
Brief of the American Civil Liberties Union Foundation of Southern California, et al as Amicus Curiae In Support of Plaintiffs-Appellants, Erotic Service Provider Legal, et al. v. George Gascon, No. 4:15-cv-01007 (9th Cir. October 7, 2016) at 17-20. ↑
PinkNews: Pittsburgh police raid LGBTQ+ bar during Amanda Lepore show ↑
Id. ↑
Dustin Gardiner, Police Much More Likely to Stop Transgender People in California for ‘Reasonable Suspicion’, San Francisco Chronicle (July 31, 2022), available at https://www.sfchronicle.com/politics/article/Transgender-California-police-LGBTQ-stop-report-17337333.php; Winston Luhur et al., Policing LGBQ People, UCLA School of Law Williams Institute (May 2021), https://williamsinstitute.law.ucla.edu/wp-content/uploads/Policing-LGBQ-People-May-2021.pdf. ↑
Brief of the American Civil Liberties Union Foundation of Southern California, et al as Amicus Curiae In Support of Plaintiffs-Appellants, Erotic Service Provider Legal, et al. v. George Gascon, No. 4:15-cv-01007 (9th Cir. October 7, 2016) at 20. ↑
Walk Free Global Slave Index Report: Global findings | Walk Free ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: AB 379 Hearing Date: June 10, 2025
Author: | Schultz | ||
Version: | May 8, 2025 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | CA | ||
Subject: Crimes: prostitution
HISTORY
Source: Author
Prior Legislation: AB 2432 (Gabriel), Ch. 651, Stats. of 2024
SB 1219 (Seyarto), failed passage in Senate Public Safety, 2024
AB 2034 (Rodriguez), not heard in Assembly Public Safety, 2024
AB 2382 (B. Rubio), held in Assembly Appropriations, 2024
SB 1414 (Grove), Ch. 617, Stats. of 2024
SB 357 (Wiener), Ch. 86, Stats. of 2022
AB 1970 (Boerner Horvath), not heard in Assembly Public Safety, 2022
AB 1193 (B. Rubio), not heard in Assembly Public Safety, 2022
AB 2862 (B. Rubio) not heard in Assembly Public Safety, 2020
AB 629 (Smith), Ch. 575, Stats. of 2019
SB 303 (Morrell), not heard in Senate Public Safety, 2018
SB 982 (Huff), held in Senate Appropriations, 2014
Support: Sacramento County Sheriff Jim Cooper (Co-Sponsor); San Diego County District Attorney's Office (Co-Sponsor); Bilateral Safety Corridor Coalition; California Civil Liberties Union; California District Attorneys Association; League of California Cities; Sacramento County Young Democrats; Special Operations Finding Kids; Survivor Leader Network of San Diego; 3 Individuals
Opposition: ACLU California Action; Artists Revolt; Black Women for Wellness Action Project; California Attorneys for Criminal Justice; California Public Defenders Association; Center on Reproductive Rights and Justice At Berkeley Law; Choose Your Path (CYP) Foundation; Cruise Los Angeles; Decrimsexworkca; Drug Policy Alliance; Ella Baker Center for Human Rights; Equality New York; Erotic Service Providers Legal, Education, and Research Project; Harvey Milk LGBTQ Democratic Club; Initiate Justice; Justice At Last; LA Defensa; Local 148 LA County Public Defenders Union; San Francisco Public Defender; Sex Worker’s Outreach Project Los Angeles; Smart Justice California, a Project of Tides Advocacy; Stripper Worker Center; Survivor Policy Coalition; Swop Behind Bars; Unique Woman’s Coalition; The Sidewalk Project; Woodhull Freedom Foundation: 2 individuals
Assembly Floor Vote: 74 - 0
PURPOSE
The purpose of this bill is to increase the penalty for solicitation of a minor in specified circumstances; make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified; create the Survivor Support Fund to fund grant programs to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation; create the human trafficking vertical prosecution grant program; and increase civil penalties for specified human trafficking-related violations by businesses.
Existing law makes it a misdemeanor to solicit anyone to engage in, or engage in, lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (Pen. Code, § 647, subd. (a).)
Existing law makes it a misdemeanor, except as specified, to solicit, agree to engage in, or engage in any act of prostitution with the intent to receive compensation, money, or anything of value from another person. (Pen. Code, § 647, subd. (b)(1).)
Existing law makes it a misdemeanor, except as specified, to solicit, agree to engage in, or engage 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. (Pen. Code § 647, subd. (b)(2).)
Existing law makes it a misdemeanor, except as specified, to solicit, or agree to engage in, or engage 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. (Pen. Code § 647, subd. (b)(3).)
Existing law makes the aforementioned prostitution offenses inapplicable 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, be a violation of these provisions. (Pen. Code § 647, subd. (b)(5).)
Existing law provides that if the crime of solicitation of a minor is committed and the defendant is 18 years of age or older and knew or should have known that the person solicited was a minor at the time of the offense, the violation is a misdemeanor, except as specified, 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 $10,000, or by both that fine and imprisonment. Allows the court, in unusual cases, when the interests of justice are best served, to reduce or eliminate the mandatory two days of imprisonment in a county jail. (Pen. Code § 647, subd. (l)(1).)
Existing law makes solicitation of a minor by an adult an alternate felony-misdemeanor (“wobbler”) in the following circumstances:
- The minor solicited was under 16 years old at the time of the offense; or,
- The solicited minor was under 18 years of age at the time of the offense and was a victim of human trafficking. (Pen. Code § 647, subd. (l)(2).)
This bill expands the aforementioned circumstances to make solicitation of a minor by an adult punishable as an alternate felony-misdemeanor (“wobbler”) where the solicited minor was more than three years younger than the defendant at the time of the offense.
Existing law makes a defendant’s first violation of solicitation of a minor by an adult punishable as either a misdemeanor by imprisonment in the county jail for not more than one year and a fine not exceeding $10,000 or as a felony by imprisonment in the county jail for 16 months, two years, or three years. (Pen. Code § 647, subd. (l)(2)(A).)
This bill makes a defendant’s first violation of this wobbler offense punishable either as a misdemeanor by imprisonment in the county jail for at least two days and not more than one year, a fine of up to $10,000, or both a fine and county jail, or as a felony, by 16 months, two years, or three years in county jail.
Existing law makes a second or subsequent violation punishable as a straight felony by imprisonment in the county jail for 16 months, two years, or three years. (Pen. Code § 647, subd. (l)(2)(B).)
This bill provides that if a defendant is granted probation for the above wobbler offense, the court is required to order the defendant to successfully complete an education program on human trafficking and the exploitation of children, and prohibits imposition of a fee for the program.
Former law made it a misdemeanor to loiter in a public place with the intent to commit prostitution. (Former Pen. Code § 653.22 [repealed] and Pen. Code, § 653.26.)
This bill makes it misdemeanor for any person to loiter in a public place with the intent to purchase commercial sex.
Former law stated that among the circumstances that may be considered in determining whether a person loiters with intent to commit prostitution are that the person:
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of loitering in a public place with the intent to commit prostitution, or other offenses related or involving prostitution, within five years of the current arrest;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution;
- Has engaged, within six months prior to the current arrest, in any behavior described in this subdivision or any other behavior indicative of prostitution activity. (Pen. Code, § 653.22, subd. (b), repealed.)
Former law stated that the circumstances set forth above are not exclusive. These circumstances should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case. (Pen. Code, § 653.22, subd. (c), repealed.)
This bill specifies that the intent to purchase commercial sex is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
Existing law states that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (a).)
Existing law states that a person who deprives or violates the personal liberty of another with the intent to commit specified sex crimes including pimping, pandering, or child pornography, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (b).)
Existing law specifies that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking. A violation is punishable by imprisonment in the state prison as follows:
- Five, 8, or 12 years and a fine of not more than $500,000; or,
- Fifteen-years-to-life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code, § 236.1, subd. (c).)
Existing law provides that cases involving minor victims of human trafficking shall be provided with assistance from the local county Victim Witness Assistance Center, if the minor so desires. However, this does not require local agencies to operate a Victim Witness Assistance Center. (Pen. Code, § 236.13.)
Existing law establishes in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund shall only be expended to support programs for victims of human trafficking. (Gov. Code § 8590.7 (a).)
Existing law requires the Office of Emergency Services (CalOES) to publish procedures for organizations applying for grants from the Human Trafficking Victims Assistance Fund, and to award grants based on all of the following:
- The capability of the qualified nonprofit organization to provide comprehensive services;
- The stated goals and objectives of the qualified nonprofit organization;
- The number of people served and needs of the community;
- Evidence of community support; and,
- Any other criteria deemed appropriate. (Gov. Code, § 8590.7, subd. (b).)
Existing law authorizes a court to impose an additional fine of up to $1,000,000 on a person convicted of human trafficking. The fine shall be deposited in the Victim-Witness Assistance Fund, to be administered by the California Emergency Management Agency (CalEMA), to fund grants for services for victims of human trafficking. (Pen. Code, § 236.4.)
Existing law establishes the California Victim Compensation Claims Board (“CalVCB”) to operate the California Victim Compensation Program. (Gov. Code, §§ 13950 et. seq.)
Existing law provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
Existing law authorizes the board to reimburse for victim pecuniary loss, as specified, when it determines it will best aid the person seeking compensation. (Gov. Code, § 13957, subd. (a).)
Existing law states that upon conviction for a violation of human trafficking, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendant’s conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court, as specified. (Pen. Code, § 1202.4, subd. (p).)
This bill requires CalVCB to establish a grant program to provide grants to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation.
This bill states that CalVCB shall, in a manner determined by the board, award grants to CBOs that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
This bill creates the Survivor Support Fund within the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grant program.
This bill mandates an additional $1,000 fine on top of any other punishment imposed on a person who violates the laws prohibiting solicitation or prostitution where the person provides compensation for the act and requires the collected fines to be deposited in the Survivors Support Fund.
This bill mandates an additional fine of $1,000, to be deposited in the Survivor Support Fund, in addition to any other punishment for loitering in a public place with the intent to purchase commercial sex.
This bill creates within the CalOES a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
This bill requires CalOES, to the extent funds are available, to allocate and award funds (“vertical prosecution grants”) to up to 11 district attorney offices that employ vertical prosecution methodology for human trafficking crimes and meet other minimum criteria, as specified.
This bill requires CalOES to submit, on or before January 1, 2028, a report to the Legislature and the Governor’s office that describes the counties that received vertical prosecution grants, the number of prosecutions for human trafficking cases filed by the counties, the number of human trafficking convictions obtained, and the sentences imposed for human trafficking crimes.
This bill requires CalOES to retain no more than 10% of funds appropriated for the vertical prosecution grant program for its administrative costs, including technical assistance, training, and the cost of producing the report.
This bill increases existing civil penalties for a business or establishment, as specified, which fails to comply with requirements to post public notices and conduct employee trainings regarding human trafficking, from $500 to $1,000 for a first offense, and from $1,000 to $2,000 for each subsequent offense.
This bill authorizes the Attorney General (AG) to enforce violations of the notice and employee training requirements. Requires any fines collected for violations of the requirements to be deposited into the Survivors Support Fund.
This bill increases existing civil penalties, as specified, for a hotel in which sex trafficking activity occurred and a supervisor failed to inform law enforcement or an appropriate victim service organization within 24 hours, or an employee of the hotel knowingly benefited by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel, as follows:
- Increases, from $1,000 to $3,000, the penalty for a hotel’s first violation;
- Increases, from $3,000 to $10,000, the penalty for a hotel’s second violation within a 24-month period of time;
- Increases, from $5,000 to $15,000, the penalty for a hotel’s third and any subsequent violation within a 24-month period; and,
- Increases, from $10,000 to $25,000, the amount to which a court may, in its discretion, increase the penalty for a hotel’s fourth or subsequent violation.
This bill authorizes the AG to enforce the aforementioned hotel sex trafficking violations. Requires any fines collected for violations to be deposited into the Survivors Support Fund.
This bill expresses legislative intent to include adopting the strongest laws to protect 16- and 17-year old victims and strengthen protections in support of survivors of human trafficking.
COMMENTS
- Need for This Bill
According to the author:
California has some of the strongest laws in the nation to protect children and combat human trafficking. AB 379 takes a more comprehensive approach to strengthen existing protections. Not only does the bill authorize felony punishment for solicitation of any minor by an adult more than three years older than the minor, as well as a misdemeanor for loitering with intent to purchase commercial sex, AB 379 also provides new tools for prosecutors, establishes a Survivor Support Fund to aid victims and the critical work being done by community-based organizations, and tougher penalties for those who deliberately look the other way on trafficking. Together, these changes will help communities working to end trafficking and protect our vulnerable youth.
- Solicitation of a Minor
In California, acts of prostitution and solicitation for prostitution are crimes. Prostitution is engaging in sexual intercourse or a lewd act in exchange for money or other compensation. Solicitation for prostitution is communicating or accepting a request for sexual intercourse or a lewd act in exchange for money or other compensation. (Pen. Code, § 647, subdivision (b).) However, a minor cannot legally consent to sex and is not criminally liable for participating in a commercial sex transaction. (Pen. Code, § 647, subd. (b)(5).)
Currently, a prosecutor may charge a defendant with solicitation of a minor, as follows:
- Solicitation of a minor who was under 16 years of age at the time of the offense is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense and was a victim of human trafficking is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense, where the solicited minor was not a victim of human trafficking, is a misdemeanor. (Pen. Code, § 647, subds. (b) & (l).)
A wobbler is an offense that may be charged as a misdemeanor or a felony at the discretion of a prosecutor. This bill additionally makes solicitation of a minor a wobbler if the solicited minor was more than three years younger than the defendant at the time of the offense.
A number of other crimes, including crimes with felony penalties, already exist relating to solicitation of a minor. Soliciting (arranging a meeting with) a minor for lewd purposes is punishable as a misdemeanor, or as a state prison felony under some circumstances (if the defendant goes to the arranged meeting or is required to register as a sex offender). (Pen. Code, § 288.4.) Contacting or communicating with a minor with the intent to commit a specified sex offense is punishable in state prison. (Pen. Code, § 288.3.) To be guilty of this offense, the defendant must have known or should have known the person is a minor. (Ibid.) “Sexting” a minor is a wobbler punishable as a misdemeanor or state prison felony. (Pen. Code, § 288.2.) To be guilty of this offense, the defendant must have known, or should have known, or believed that the person is a minor. (Ibid.) Luring or attempting to lure a minor under the age of 14 is punishable as an infraction or misdemeanor. (Pen. Code, § 272, subd. (b)(1).) To be guilty of this offense, the defendant must have known or reasonably should have known that the minor is under 14 years of age. (Ibid.)
Offenses involving sexual contact with a minor are distinct from solicitation. Under current law, sexual intercourse with a minor is criminalized under California’s statutory rape law. Depending on the difference in age between the defendant and the victim, statutory rape is punishable as a misdemeanor or a county jail felony. (Pen. Code, § 261.5.) Lewd acts with a minor 14 or 15 years of age and under is usually punished as a felony. The sentence, which can be up to life in state prison, depends on the age of the child and the circumstances of the offense. (Pen. Code, § 288.)
- Loitering Offense
Until 2022, it was a misdemeanor offense to loiter in a public place for the purpose of engaging in prostitution, meaning loitering with the intent to participate in a commercial sex transaction as a sex buyer or a sex worker. (See former Pen. Code, § 653.22.) The law specified non-exclusive circumstances that could be considered in determining whether a person was loitering with intent to commit prostitution (former Pen. Code, § 653.22, subd. (b)):
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops, or attempts to stop, motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of violating this section, or other offenses related or involving prostitution, within five years of the arrest under this section;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution; and,
- Has engaged, within six months prior to the arrest for loitering, in loitering behavior, or any other behavior indicative of prostitution activity.
A study conducted in 2019 through the Los Angeles County Public Defender’s office compiled data from all of the charges of violations of Penal Code section 653.22 reported from the Compton Branch of the Public Defender’s office. During a one-week period of time, a total of 48 cases were reported. (https://www.zefflawfirm.com/wp-content/uploads/2021/11/Sex-Work-in-Compton-Report-Derek-Demeri.pdf (“Sex Work in Compton”) [as of May 28, 2025].)
The study found that the majority of arrests were made up of young Black women. 42.6 percent of arrests were for people aged 21-24 with the next highest rate being 23.4 percent for people aged 18-20. As for race, 72.3 percent were Black with the next highest rate being 17 percent for Hispanic. (Sex Work in Compton, supra, at pp. 2-4.)
Probable cause was most commonly established by the arrestee’s presence in an area known for sex work, their clothing, and motioning in a flirtatious manner to vehicles. (Sex Work in Compton, supra, at p. 14.) In 26.1 percent of the arrests for loitering, the person arrested had no prior sex work-related convictions. (Id. at p. 11.) In 76.7 percent of cases, alleged suspects were characterized as wearing revealing clothing as evidence in support of intent to solicit a sex act. (Id. at p. 12.) Finally, in 45 out of 48 cases, the suspect’s state of dress was the stated basis for probable cause to arrest. Other stated reasons for establishing probable cause for the arrest include possession of a cellphone, possession of cash, reacting to presence of police, giving conflicting information about activities, among many other stated reasons. (Id. at p. 14.)
According to the Yale Global Health Partnership in June 2020, arrest and conviction records for prostitution-related crimes make it harder for sex workers, and those cited for unlawful sex work, to find alternative employment - holding them in street economies and economic hardships -- “exacerbating ongoing race and gender discrimination.” (https://law.yale.edu/sites/default/files/area/center/ghjp/documents/consequences_of_criminalization_v2.pdf [as of May 28, 2025].) “Criminalization exacerbates the barriers to housing, public benefits, and other social supports especially needed by street-based sex workers.” (Ibid.) “Criminalization of sex work disproportionately affects women, trans and gender nonconforming people, people of color, and immigrant communities.” (Ibid.)
Three years ago, the Legislature passed and Governor Newsom signed SB 357 (Wiener), Chapter 86, Statutes of 2022, which repealed the loitering offense. This bill reestablishes the crime of loitering with intent to purchase commercial sex. The crime is punishable as a misdemeanor with up to 6 month imprisonment and a fine of up to $1,000. (Pen. Code, §§ 19, 653.26.)
This bill also largely reenacts the circumstances that can be used to prove a person’s intent, including being in a public place known for prostitution (former Pen. Code, § 653.22, subd. (c)), circling an area in a motor vehicle (former Pen. Code, § 653.22, subd. (b)(4)) and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists or making unauthorized stops (former Pen. Code, § 653.22, subd. (b)(1)-(2)). However, this bill is unlike the repealed loitering law in a significant manner.
The former loitering law stated that the requisite “intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution or procuring another to commit prostitution” and included the above as circumstances the jury “may” consider in determining whether a person was loitering with the intent to commit prostitution. The former loitering law also provided that “[i]ntent must be determined based on an evaluation of the particular circumstances of each case.
This bill, on the other hand, states: “This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.” (Italics added.)
Unlike the former loitering statute, this bill appears to state that the presence of any of the aforementioned circumstances necessarily evidences an intent to commit prostitution, rather than providing these as circumstances for the jurors’ consideration in determining whether a person loitered with the requisite intent (as the former loitering law did). As such, the language of this bill may be unconstitutionally overbroad. For example, in a given case, an individual could be repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists because they are having car trouble. They could be circling an area looking for a friend or a parking spot. They could be present in an area known for prostitution simply because they live there, work there, are meeting a friend, etc. (Zwickler v. Koota (1967) 389 U.S. 241, 249-250 [A statute is overbroad if it attempts to achieve a governmental purpose to control or prevent activities constitutionally subject to state regulation by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.]; Papachristou v. City of Jacksonville (1972) 405 U.S. 156, 164-66 [the right to walk, stroll, or wander aimlessly is a liberty within “the sensitive First Amendment area” that is protected by the Fourteenth Amendment]; see also Kolender v. Lawson (1983) 461 U.S. 352, 358 [loitering statute implicates First Amendment liberties and “constitutional right to freedom of movement”].)
- Human Trafficking Funds
Existing law authorizes a court to order a person convicted of human trafficking pursuant to Penal Code section 236.1 to pay an additional fine not to exceed $1,000,000. (Penal Code section 236.4.) This fine is in addition to any other penalty, fine, or restitution imposed. A conviction of a violation of human trafficking separately authorizes fines of up to $500,000. (Pen. Code, § 236.1, subds. (a)-(c).)
All fines imposed and collected pursuant to Penal Code sections 236.1 and 236.4 are to be deposited in the Victim-Witness Assistance Fund to be administered by the California Office of Emergency Services (CalOES) to fund grants for services for victims of human trafficking. (Pen. Code, § 236.4, subd. (d).) Seventy percent of the fines collected and deposited shall be granted to public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for trafficked victims. (Ibid.) Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations. (Ibid.) Additionally, CalOES administers the Human Trafficking Victim Assistance Program which was created in the 2015 Budget Act to fund human trafficking victim service organization to provide comprehensive services to victims/survivors of human trafficking, including sex and labor. (https://www.caloes.ca.gov/wp-content/uploads/Grants/Documents/RFA/2023-24-Human-Trafficking-Victim-Assistance-HV-Program-RFA.pdf [as of May 28, 2025].)
In 2024, the Legislature enacted the Crime Victims Fund within the State Treasury to provide additional funding for survivors of sexual violence, domestic violence, child abuse, elder abuse, human trafficking, and more. (AB 2432 (Gabriel), Ch. 651, Stats. 2024.) It provides for a separate and additional restitution fine for corporations, as specified. The court is to determine the amount of the fine but it shall be commensurate with the seriousness of the offenses and not more than $100,000 for a felony or more than $1,000 for a misdemeanor. (Pen. Code, § 1202.4, subd. (r)(2).) Seventy-five percent of the fine shall be deposited into the Crime Victims Fund. The funds deposited into the fund are continuously appropriated, without regard to fiscal years, to CalOES to support crime victims that have traditionally been funded with federal Victims of Crime Act (VOCA) grant funding. (Pen. Code, § 13839.) Under VOCA, the federal government provides grants for qualifying state victim compensation and victim assistance programs. (34 U.S. Code § 20101 et. seq.) California funds are distributed through CalOES, which provides financial assistance and reimbursement to victims. (See https://ovc.ojp.gov/states/california ([as of May 28, 2025].)
This bill creates the Survivor Support Fund, to be administered by the Victim’s Compensation Board “to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.” This new funding would come from the additional fine of $1,000 that the court would be required to impose on defendants who are convicted of loitering with intent to purchase a commercial sex act or a person who engages in prostitution as a purchaser. As discussed above, CalOES already administers grants for services for victims of human trafficking.
To the extent this bill states this fine is to be imposed “in addition to any other punishment,” it will be constrained by Penal Code section 654. Penal Code section 654 provides that “[a]n act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision.” (See Pen. Code, § 15, subd. 3 ["fine" is "punishment"]; Ralph's Grocery Co. v. Department of Food & Agriculture (2003) 110 Cal.App.4th 694, 700-701 [fine is punishment subject to section 654].)
- Vertical Prosecution Grant Program
Criminal cases are typically prosecuted horizontally or vertically. In horizontal prosecution, each stage in the case is handled by a different prosecutor, so different attorneys may handle the arraignment, preliminary hearings, and trial for a single case. In vertical prosecution, a single prosecutor handles a case from beginning to end. Proponents of vertical prosecution argue that vertical prosecution is preferable because if one prosecutor follows a case from charging to sentencing, that prosecutor can become more knowledgeable about the details of the case, develop a comprehensive legal strategy for the matter, and establish a rapport with the victims. For these reasons, vertical prosecution is sometimes favored for cases involving particularly sensitive crimes like sexual offenses, hate crimes, and domestic violence crimes.
This bill requires CalOES to establish a grant program to provide funding and technical support to county district attorney offices that employ vertical prosecution for human trafficking cases and meet other specified requirements. - Related Legislation
AB 63 (M. Rodriguez) would reenact the crime of loitering with intent to commit prostitution. AB 63 was heard in the Assembly Public Safety Committee on April 29, 2025, for testimony only, and is currently pending in that Committee. - Argument in Support
According to the San Diego District Attorney’s Office, a co-sponsor of this bill:
Human trafficking is a $150 billion global industry and is one of the fastest growing criminal enterprises in the world. California has the highest number of human trafficking incidents reported by the National Human Trafficking Hotline. Point Loma Nazarene University and the University of San Diego released a joint study that estimates more than 3,500 victims are trafficked each year in San Diego County, earning their traffickers an estimated 810 million dollars. The study also found that 16 years was the average age of adolescents entering into a life of prostitution. In addition, each of the high schools studied had evidence of recruitment on their campuses, and 90 percent of those high schools had documented cases of human trafficking.
The data indicates that our youth are being exploited, with even more at risk of becoming victims. Our cases show that child victims are often so closely tied to their traffickers that they struggle to recognize the abuse they are enduring. Traffickers take advantage of the emotional vulnerability of children, particularly those who are runaways, in foster care, or have experienced previous abuse. The trafficker manipulates the victim into believing they are part of a family and that they will always be together. Vulnerable children deeply desire this sense of belonging, leading them to remain loyal to their trafficker even in the face of violence and exploitation.
In 2022, California lawmakers passed Senate Bill 357, which repealed the crime of loitering with intent to commit prostitution. Shortly after the passage of SB 357, the illicit sex trade became increasingly visible on our public streets, where transactions are openly occurring in front of law enforcement. As a result, more exploitation of trafficked women and girls is happening in our communities. Several news outlets have shared accounts of concerned community members seeing brazen acts of pimping on public roads and even near school grounds. The people who profit from the human trafficking trade feel emboldened to commit these acts and not only recruit more victims and dehumanize them, but also further control those already in the industry.
As District Attorney for San Diego County, the second largest county in California, I have devoted my life to protecting the most vulnerable and leading the fight against human trafficking. AB 379 will protect the most vulnerable among us. AB 379 would allow police officers to, once again, contact individuals loitering for prostitution in public places near children. As a result, officers can identify, intervene, and offer resources to victims who need them and prevent further exploitation by enforcing laws violated by traffickers and illicit sex purchasers. When Governor Gavin Newsom signed SB 357 into law, he did so with clear trepidation – promising to monitor for unintended consequences and pledged to act if he saw them. We have seen the devastating consequences of SB 357 – the proliferation of commercial sex transactions occurring openly on our public streets, schools, and parks near our children. Now is the time to act. This bill will fight to protect victims, strengthen prevention, and increase the prosecution of those who buy and sell human beings.
This bill focuses on two crucial areas to combat human trafficking: 1) it enables law enforcement to intervene and prevent buyers from purchasing individuals for sex, and 2) it allocates essential resources, at no cost to taxpayers, to offer shelter and mental health support for victims of human trafficking.
Our laws must unequivocally assert that human beings are not commodities. We must equip law enforcement with the necessary tools to protect victims from traffickers and exploitative buyers, while also expanding resources to aid victims in their recovery. I am honored to co-sponsor Assembly Bill 379, an essential piece of legislation designed to enhance our human trafficking laws. By strengthening these laws, we can safeguard our most vulnerable citizens and prevent devastating harm to their lives.
- Argument in Opposition
According to Survivor Policy Coalition:
By criminalizing loitering with intent to purchase sex, these bills would put sex workers, including those who are trafficked, at greater risk of harm, create opportunities for racial profiling, anti-2SLGBTQIA+ biased enforcement, increase the risk of arrest for queer teenagers in consensual relationships, and ignore best practices for funding services for trafficking survivors. While we support meaningful efforts to combat human trafficking and provide resources to survivors, this bill relies on ineffective, harmful, and historically discriminatory approaches that undermine the rights and safety of the very individuals it claims to protect.
Criminalizing the Purchase of Sex Endangers People Who Sell Sex
AB-379 and AB-63 perpetuate the racist “end demand” approach built on the White Slave Trafficking Act of 1910 around the known myth of white sex slaves, which has consistently resulted in the criminalization of vulnerable people, including trafficking survivors, rather than addressing the systemic conditions that lead to exploitation. The bill acknowledges the harms of criminalizing survivors, while advancing the same failed law enforcement-centered tactics that have historically led to their arrests. California was one of the first states in the nation to authorize Vacatur laws to overturn biased convictions where a victim of trafficking was arrested for these very crimes being reimposed. No place in the US tracks any information on the vacatur cases and how many victims of trafficking have successfully overturned their convictions, so there is no data available as to how many victims of trafficking are arrested, charged, and convicted under loitering with intent. Beth Jacobs spent her life advocating for vacature laws to overturn her 83 convictions obtained whilst being trafficked, she died before she was able to remove those convictions fully from her record. She alone had 27 loitering with intent charges as part of her conviction record. That is one survivor unidentified 27 times under these very laws being reintroduced in the state of California.
When buyers are criminalized, persons who sell sex have less time to screen clients for risks or negotiate safety.[1] Amnesty International reported on sex workers “feeling pressured to visit customers’ homes so that buyers can avoid the police – meaning sex workers have less control and may have to compromise their safety.”[2] The University of Southern California’s International Human Rights Clinic found that public health approaches to trafficking in commercial sex are far more effective than law enforcement operations.[3] The recent police killing of a transgender trafficking victim who called law enforcement for help shows the perils in relying on a criminal justice response to trafficking.[4]
California’s Shameful History of Anti-Loitering Laws & Selective Use of Solicitation Laws
Anti-loitering and solicitation statutes, like the one at issue in AB-379, have been used disproportionately against people of color, 2SLGBTQIA+ individuals, and those experiencing poverty, under the pretext of public safety. California’s initial loitering law, enacted by the first California Legislature in 1850, was written to arrest and indenture Indigenous people.[5] Loitering with intent was officially codified into California law in 1871. Vague and discriminatory laws like AB 379 that broadly criminalize a wide range of otherwise lawful behaviors have led to arbitrary and biased policing, where individuals—particularly Black and Brown women, transgender people, and those perceived to be engaging in sex work—are stopped, harassed, and arrested based on profiling rather than evidence of any criminal activity.
Solicitation laws have also been used for decades to police gay men’s sexual activity, from Comptons Cafeteria raids in 1966, the New Year’s Eve of 1964 raids on the drag ball at California Hall, and many other raids by police along Polk and the Tenderloin districts.[6] Raids on the gay community are still happening in the US today, on May 6th 2025 a raid was held in Pittsburgh at P-Town a well known gay bar in the US.[7] Even after Lawrence v. Texas (the U.S. Supreme Court case finding unconstitutional a Texas law that banned homosexual adults from engaging in consensual sexual acts), police departments in California continue to regularly target and arrest gay men on charges of solicitation and other offenses such as lewdness.[8] 2SLGBTQIA+ people in many communities are also simply more frequently stopped by police than non-2SLGBTQIA+ people.[9] Disproportionate enforcement is often fueled by purposeful or implicit bias on the part of law enforcement.[10] AB-379 will only exacerbate this issue. Existing on a street in a community historically overpoliced and knowing your community to engage in conversations with your own community can be perceived, by law enforcement, as the intention to commit this crime. Having a previous conviction for existing within your own community—or an unidentified victim of trafficking is a crime as defined. Being lost in an area and seeking assistance from people to find your way is a potential indication of intent to solicit. Policing the thoughts and intentions of someone on the streets has for 175-years of Californian history been directly imposed upon those communities most marginalized and most in need of services. This coupled with the corrected language in AB-63 where being 2SLGBTQIA+ attempting poorly to ensure this community is not “perceived” to be soliciting within the community, is to attempt to offer services, and is to attempt to document their “efforts” to not incarcerate people for existing. The intention of the authors of these bills to create language to be “inclusive” of communities affected by over policing is fascinating when we have such a long and sorted history within the implementation of these laws. Intent-based criminalization has historically been enabling law enforcement to read minds to know the intention of a person on the streets, without the luxury of legislatures writing their intentions into law publicly to be known.
Similarly, data collected by the ACLU in California shows that police and prosecutors are far more likely to arrest or prosecute Black and Hispanic men for purchasing sex.
By relying on vague definitions of “intent,” these laws opens the door for biased policing that will ultimately harm survivors rather than support them. These types of laws have been widely criticized for enabling racial profiling, increasing incarceration rates, and diverting resources away from community-based solutions. Endorsing ineffective and harmful legal tools under the guise of trafficking prevention is a step backward in California’s fight for justice and human rights.
Unjust and Unreliable Funding Streams For Vitally Needed Services
AB-379 seeks to create new funding streams for services for survivors of trafficking in commercial sex, but it does so without adequate planning or engagement with current funding mechanisms within California. It ignores the act that the Global Slavery Index report shows seventy-seven percent of trafficking is labor trafficking, this intentional exclusion of labor trafficking and sex trafficking only legislation intentionally ignores over half the known trafficking problem to prioritise the White Slave Traffick Myths of the 1900s as codified into US law with the White Slave Traffic Act of 1910.[11] We support funding for services for sex workers and trafficking survivors – housing, jobs, training, record clearances – but it should be funded in a serious and sustained way, from state or local general funds. Fines are unreliable, as they have to be extracted from low-income defendants. From year to year, public dollars would be spent on debt collection, and each year, programs would be unable to plan their budgets. Furthermore, criminal debt is a burden on the convicted person’s family, robbing them of money for housing, food and other necessities.
Arrest-driven funding structures are fiscally ineffective and unstable sources for critical services. True survivor support requires long-term investments in housing, economic opportunities, and voluntary, trauma-informed services—not an increase in policing and court involvement.
Ignoring Best Practices for Funding Organizations That Serve Survivors
California already has a process for funding organizations that provide services to survivors of trafficking through the Office of Emergency Services (OES). OES has developed guidelines to ensure that funding goes to organizations that provide effective, evidence-based services. AB-379 would create a new “Survivor Support Fund” under the California Victim Compensation Board, which would create redundancy and ignore OES funding criteria.
Attempts to Override Recent and Carefully Balanced Provisions Related to Minors
The inclusion of provisions related to minors in AB-379 disregards legislation enacted just last year and considerations on this issue. Specifically, AB-379 attempts to undo key amendments made to SB-1414 (Grove - 2024), which ensured that young people would not be subjected to felony prosecutions and punishments for engaging in consensual relationships with other young people. The Legislature passed SB-1414, as amended, in recognition of concerns raised by youth advocates about how parents have used the criminal legal system to target relationships based on racism or anti-2SLGBTQIA+ discrimination. At the same time, the law passed last year recognizes that any case involving an exploited minor aged 16 or 17 should be subject to more serious consequences. This law has been in effect for only six months.
AB-379 removes the careful balance struck by SB-1414, reinstating a broad criminalization approach that will only punish more young people. This is deeply problematic, as we know from public health models that punishment is not an effective strategy for behavior modification of young people. Rather than re-investing in failed criminalization tactics, California should prioritize comprehensive, survivor-centered solutions that address the root causes of trafficking. This includes expanding economic opportunities, increasing access to permanent supportive housing, and ensuring the availability of voluntary, low-barrier services that empower individuals rather than entrenching them in the criminal justice system.
-- END –
Charlotte Alter, Catching Johns: Inside the National Push to Arrest Men Who Buy Sex, Time Magazine, available at http://time.com/sex-buyers-why-cops-across-the-u-s-target-men-who-buy-prostitutes/. ↑
Amnesty International, Q&A: Policy to Protect the Human Rights of Sex Workers, available at https://www.amnesty.org/en/qa-policy-to-protect-the-human-rights-of-sex-workers/. ↑
International Human Rights Clinic, USC Gould School of Law, Over-Policing Sex Trafficking: How U.S. Law Enforcement Should Reform Operations (2021) at 52. ↑
Libor Janey, A trans sex worker called 911 to ireported being kidnapped. LAPD officers shot and killed her Los Angeles Times (Mar. 9, 2025). ↑
Kimberly Johnson-Dodds, Early California Laws and Policies Related to California Indians (California Research Bureau: 2002) 8 at https://www.csus.edu/college/education/engagement/_internal/_documents/indian_early_california_laws_and_policies_related_to_california_indians.pdf. ↑
Brief of the American Civil Liberties Union Foundation of Southern California, et al as Amicus Curiae In Support of Plaintiffs-Appellants, Erotic Service Provider Legal, et al. v. George Gascon, No. 4:15-cv-01007 (9th Cir. October 7, 2016) at 17-20. ↑
PinkNews: Pittsburgh police raid LGBTQ+ bar during Amanda Lepore show ↑
Id. ↑
Dustin Gardiner, Police Much More Likely to Stop Transgender People in California for ‘Reasonable Suspicion’, San Francisco Chronicle (July 31, 2022), available at https://www.sfchronicle.com/politics/article/Transgender-California-police-LGBTQ-stop-report-17337333.php; Winston Luhur et al., Policing LGBQ People, UCLA School of Law Williams Institute (May 2021), https://williamsinstitute.law.ucla.edu/wp-content/uploads/Policing-LGBQ-People-May-2021.pdf. ↑
Brief of the American Civil Liberties Union Foundation of Southern California, et al as Amicus Curiae In Support of Plaintiffs-Appellants, Erotic Service Provider Legal, et al. v. George Gascon, No. 4:15-cv-01007 (9th Cir. October 7, 2016) at 20. ↑
Walk Free Global Slave Index Report: Global findings | Walk Free ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 379
Author:(Schultz and Nguyen)
As Amended Ver:May 8, 2025
Majority vote
SUMMARY
Increases the penalty for solicitation of a minor in specified circumstances, makes it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified, creates the Survivor Support Fund to fund grant programs to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation, creates the human trafficking vertical prosecution grant program, and increases civil penalties for specified human trafficking-related violations by businesses.
Major Provisions
- Punishes solicitation of a minor by an adult when the minor is more than three years younger than the adult as an alternate felony-misdemeanor ("wobbler").
- Makes a second or subsequent conviction of the above crime punishable as a straight felony.
- Requires a defendant convicted of solicitation of a minor, if granted probation, to be ordered to successfully complete an education program on human trafficking and the exploitation of children.
- Requires the California Victim Compensation Board (CalVCB) to establish a grant program to provide grants to CBOs that provide direct services and outreach to victims of sex trafficking and exploitation.
- States that CalVCB shall, in a manner determined by the board, award grants to CBOs that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
- Creates that Survivor Support Fund within the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for grants as specified.
- Creates a crime for any person to loiter in a public place with the intent to purchase commercial sex, as specified, and makes the crime punishable as a misdemeanor punishable by a term of imprisonment of up to six months or a fine of up to $1,000, as well as an additional mandatory fine of $1,000 on top of any other punishment, to be deposited in the Survivor Support Fund.
- Specifies that the intent to purchase commercial sex is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
- Mandates an additional $1,000 fine on top of any other punishment imposed on a person who violates existing law prohibiting prostitution as a person who is providing compensation for the act and requires the fines collected pursuant to this paragraph to be deposited in the Survivor Support Fund.
- Creates within the Office of Emergency Services (CalOES) a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
- Requires CalOES, to the extent funds are available, allocate and award funds ("vertical prosecution grants") to up to 11 district attorney offices that employ vertical prosecution methodology for human trafficking crimes and meet other minimum criteria, as specified.
- Requires CalOES to submit, on or before January 1, 2028, a report to the Legislature and the Governor's office that describes the counties that received vertical prosecution grants, the number of prosecutions for human trafficking cases filed by the counties, the number of human trafficking convictions obtained, and the sentences imposed for human trafficking crimes.
- Increases existing civil penalties in Civil Code section 52.6 for a business or establishment that fails to comply with requirements to post public notices and conduct employee trainings regarding human trafficking, from $500 to $1,000 for a first offense, and from $1,000 to $2,000 for a subsequent offense and authorizes the Attorney General to enforce these provisions.
- Increases existing civil penalties in Civil Code section 52.65 for a hotel in which (a) sex trafficking activity occurred and a supervisor failed to inform law enforcement or an appropriate victim service organization within 24 hours, or (b) an employee of the hotel knowingly benefited by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel, as specified, and authorizes the AG to enforce these provisions.
- Specifies that the fines collected for violations of Civil Code sections 52.6 and 52.65 shall be deposited into the Survivor Support Fund.
COMMENTS
According to the Author
"California has some of the strongest laws in the nation to protect children and combat human trafficking. AB 379 takes a more comprehensive approach to strengthen existing protections. Not only does the bill authorize felony punishment for solicitation of any minor by an adult more than three years older than the minor, as well as a misdemeanor for loitering with intent to purchase commercial sex, AB 379 also provides new tools for prosecutors, establishes a Survivor Support Fund to aid victims and the critical work being done by community-based organizations, and tougher penalties for those who deliberately look the other way on trafficking. Together, these changes will help communities working to end trafficking and protect our vulnerable youth."
Arguments in Support
According to Rights4Girls, a co-sponsor of this bill, "Last month, our organization released our latest report, Buyers Unmasked: Exposing the Men Who Buy Sex & Solutions to End Exploitation, featuring sex buyer quotes from across the country to expose the ways in which these men view and discuss the individuals they purchase for sex acts. By showcasing sex buyers in their own words, highlighting key trends among their attitudes, and revealing demographic data of sex buyers versus sex trade survivors across the U.S., we reveal sex buyers as fully aware and indifferent to signs of trafficking, coercion, violence, desperation, and substance abuse in the people they purchase for sex.
"Importantly, AB 379 makes loitering with the intent to purchase sex acts a misdemeanor and subject to a $1,000 fine that helps to finance victim services for survivors. This is a critical form of demand reduction that will help deter exploitation while helping to provide trafficking survivors with the vital support services they need to heal. In addition, AB 379 establishes a Survivor Support Fund, an important move towards providing for the needs of trafficking survivors by allowing community-based organizations to apply for grant funding. Trafficking survivors require comprehensive services, such as healthcare, housing, substance abuse treatment, education, and job training. By utilizing fines from exploiters to help finance survivor services, AB 379 is taking an equitable and reparative approach by offsetting the negative consequences of buyers' behavior.
. . . .
"Finally, prostituted people are among the most vulnerable in our communities. The majority of these individuals are not there by choice but due to lack of choice. Over 90% of those in the sex trade have experienced violence, including physical and psychological trauma at the hands of both sex buyers and exploiters. Many have histories of childhood trauma, including child sexual abuse, adverse childhood experiences (ACEs), are members of the runaway and homeless youth communities, and/or foster care communities, are disproportionately women and girls of color, and/or struggle with substance use disorder.
Historically, people in the sex trade have been seen as criminals and arrested at disproportionately high rates as compared to buyers, pimps, and traffickers. But today, states around the country and the world have begun to recognize that most prostituted people are people in need of services and exit strategies rather than arrest and prosecution. As a result, several jurisdictions around the globe and even the U.S. have adopted the Survivor Model— survivor-centered policies that provide legal protection to prostituted people from arrest and incarceration while continuing to hold accountable their exploiters—the pimps, sex buyers and brothel owners. In fact, in 2023 Maine became the first U.S. state to adopt the Survivor Model, ending the crime of engaging in prostitution only for those selling sex acts and sealing their past prostitution convictions. This recognition that that no one should be punished for their own exploitation is paving the way for other states to follow suit as both Illinois and New York have Survivor Model bills pending this legislative session.
"AB 379 is helping to shift the landscape in California in this regard too by ensuring that those charged with prostitution under current law for receiving something of value in exchange for a sex act, must be offered diversion for first and second time offenses, rather than criminal penalties. This is a crucial step in the right direction. By offering prostituted people diversion instead of arrest and detention, this legislation helps to end the stigma around prostituted people and instead shift the focus onto their perpetrators: the buyers, the pimps, and the traffickers. This move is aligned with where other jurisdictions who are reevaluating their sex trade policies are moving—shifting the burden from arresting survivors onto their exploiters."
Arguments in Opposition
According to Coalition to Abolish Slavery and Trafficking (Cast), "AB 379 does not prevent human trafficking—it reinforces the very systems that make people vulnerable to it. We do not take lightly the real harm and violence that survivors—particularly street-based sex workers, immigrants, communities of color, and LGBTQ+ individuals—face every day. Our opposition to AB 379 is grounded in the reality that the broad criminalization efforts proposed in this bill will harm the very communities it claims to protect and make them more vulnerable to exploitation.
"Cast supports real solutions to human trafficking: access to housing, economic opportunity, trauma-informed services, and community-based care. Rather than moving forward with evidence-based approaches, AB 379 doubles down on punitive policies that have already failed survivors.
Policing 'Demand' Doesn't Protect Survivors – It Puts Them in Danger
"AB 379 repeats the failed 'end demand' strategy that too often results in the arrest and criminalization of people selling sex—including those who are being trafficked—while ignoring the root causes of exploitation. When buyers are criminalized, those in the sex trade are forced to rush negotiations and meet in more dangerous locations, leading to increased violence and less control over safety. Amnesty International, USC's International Human Rights Clinic, and countless survivor-led groups have pointed to public health and housing-first approaches as far more effective than police crackdowns.
A History We Must Not Repeat: Loitering Laws as Tools of Oppression
"California's loitering and solicitation statutes have long been used to police Black and Brown communities, queer and trans people, and unhoused individuals under the false pretense of safety. These laws do not prevent harm—they create it.
"From the 1850 'Act for the Government and Protection of Indians' to modern-day racial profiling, the legacy of vague 'intent-based' laws is clear: selective enforcement, biased arrests, and criminal records that devastate lives. Gay men continue to be targeted under solicitation laws even after legal rulings should have ended such discrimination. AB 379 offers no protections against these injustices—it compounds them.
Unstable Fines Are Not a Real Investment in Survivors
"AB 379 proposes fines and court fees as a funding stream for services—but this is neither just nor effective. Fines extracted from low-income defendants are unreliable and regressively burden families already living on the edge. They cannot provide the stable, long-term funding survivors need for housing, job training, healing services, and legal support.
"Cast supports increased funding for survivor services—but it must come from dedicated, sustainable sources like the state's general fund. Survivors need support, not a system that relies on new convictions to generate money for care.
Support Can't Be Coerced: The Harms of Mandatory Diversion
"Diversion programs framed as "alternatives" to jail still carry the weight of criminalization. When survivors are forced into services under threat of prosecution, those services are no longer trauma-informed or voluntary. Many mandatory programs fail to reflect the realities and needs of participants, often punishing non-compliance with further court involvement.
Support for survivors must be accessible without arrest or coercion. True assistance is survivor-led, trauma-informed, and free from the shadow of the criminal legal system."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to adjudicate criminal charges and civil enforcement actions resulting from this bill. A defendant charged with a misdemeanor or felony is entitled to a jury trial and, if the defendant is indigent, legal representation provided by the government. Actual court costs will depend on the number of cases and the amount of court time needed to adjudicate each case. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2024-25 state budget provides $37.3 million ongoing General Fund to backfill declining revenue to the Trial Court Trust Fund.
- Incarceration costs (local funds, General Fund) to the counties and the California Department of Corrections and Rehabilitation. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. The Legislative Analyst's Office estimates the average annual cost to incarcerate one person in state prison is $133,000. County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.
- Costs to CalVCB (General Fund) to establish and operate the grant program, possibly in the tens of thousands to hundreds of thousands of dollars annually. The bill requires CalVCB to establish the program and determine grant criteria regardless of whether funds are available for disbursement, so CalVCB will likely need General Fund support for its start-up costs. Actual costs will depend on the level of additional staffing needed by CalVCB, if any.
- Cost pressures (General Fund) to allocate funding for the vertical prosecution grant program established by this bill, possibly in the millions to tens of millions of dollars. In 2023, for a similar bill, CalOES anticipated its administration costs would be around $85,000.
- Possible costs (General Fund, special funds) to the Department of Justice (DOJ) of an unknown amount. Actual costs will depend on whether the AG pursues enforcement actions as authorized by this bill, and, if so, the level of additional staffing DOJ needs to handle the related workload. If DOJ hires staff to handle enforcement actions authorized by this bill, the department would incur significant costs, likely in the low hundreds of thousands of dollars annually at a minimum. If DOJ does not pursue enforcement, the department would likely not incur any costs.
VOTES
ASM PUBLIC SAFETY: 7-0-2
YES: Schultz, Alanis, Mark González, Harabedian, Lackey, Nguyen, Ramos
ABS, ABST OR NV: Bonta, Sharp-Collins
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
UPDATED
VERSION: May 8, 2025
CONSULTANT: Stella Choe / PUB. S. / (916) 319-3744 FN: 0000385
Date of Hearing: May 7, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 379
Author:(Schultz) – As Amended Ver:May 1, 2025
Policy Committee: | As Proposed to Be Amended Public Safety | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
As proposed to be amended, this bill increases the penalty for solicitation of a minor in specified circumstances, makes it a misdemeanor to loiter with the intent to purchase commercial sex, uses criminal fines and civil penalties to support grants to organizations that provide services to victims of sex trafficking and exploitation, creates a human trafficking vertical prosecution grant program, and authorizes the Attorney General’s civil enforcement of specified trafficking-related violations.
Specifically, among other provisions, this bill:
- Makes solicitation of a minor by an adult defendant an alternate felony-misdemeanor (“wobbler”) in the following circumstances:
- The solicited minor was under 16 years old at the time of the offense.
- The solicited minor was under 18 years of age at the time of the offense and the person solicited was caused, induced, or persuaded at the time of the solicitation to engage in a commercial sex act, as specified in Penal Code section 236.1, subdivision (c).
- The solicited minor was more than three years younger than the defendant at the time of the offense.
- Makes a defendant’s first violation the offense described in item 1, above, punishable as follows:
- As a misdemeanor, by a county jail term between two days and one year, a fine of up to $10,000, or both a fine and county jail.
- As a felony, by 16 months, two years, or three years in county jail, or by a term in state prison if the defendant has certain prior convictions.
- Makes a defendant’s second or subsequent violation of the offense described in item 1, above, a felony punishable by 16 months, two years, or three years in county jail, or by a term in state prison if the defendant has certain prior convictions.
- If a defendant is granted probation for the offense described in item 1, above, requires the court to order the defendant to successfully complete an education program on human trafficking and the exploitation of children, and prohibits imposition of a fee for the program.
- Makes it a misdemeanor for any person to loiter in a public place with the intent to purchase commercial sex, punishable by up to six months in county jail, a fine of up to $1,000, or both jail and a fine.
- Creates the Survivor Support Fund (Fund) within the State Treasury, and makes moneys in the fund available upon appropriation by the Legislature.
- Requires a defendant convicted of the offenses described in item 1, item 3, and item 5, above, be punished by a fine of $1,000 in addition to any other punishment. Requires any revenue collected from this fine be deposited into the Fund.
- Requires the California Victim Compensation Board (CalVCB) to establish a grant program to provide grants from the Fund to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation.
- Creates within the Office of Emergency Services (CalOES) a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
- Requires CalOES, to the extent funds are available, allocate and award funds (“vertical prosecution grants”) to up to 11 district attorney offices that employ vertical prosecution methodology for human trafficking crimes and meet other minimum criteria, as specified.
- Requires CalOES to submit, on or before January 1, 2028, a report to the Legislature and the Governor’s office that describes the counties that received vertical prosecution grants, the number of prosecutions for human trafficking cases filed by the counties, the number of human trafficking convictions obtained, and the sentences imposed for human trafficking crimes.
- Requires CalOES to retain no more than 10% of funds appropriated for the vertical prosecution grant program for its administrative costs, including technical assistance, training, and the cost of producing the report.
- Increases existing civil penalties in Civil Code section 52.6 for a business or establishment that fails to comply with requirements to post public notices and conduct employee trainings regarding human trafficking, from $500 to $1,000 for a first offense, and from $1,000 to $2,000 for a subsequent offense.
- Authorizes the Attorney General (AG) to enforce violations of the requirements described in item 13), above.
- Requires any fines collected for violations of the requirements described in item 13, above, be deposited into the Fund.
- Increases existing civil penalties in Civil Code section 52.65 for a hotel in which (a) sex trafficking activity occurred and a supervisor failed to inform law enforcement or an appropriate victim service organization within 24 hours, or (b) an employee of the hotel knowingly benefited by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel, as follows:
- Increases, from $1,000 to $3,000, the penalty for a hotel’s first violation.
- Increases, from $3,000 to $10,000, the penalty for a hotel’s second violation within a 24-month period of time.
- Increases, from $5,000 to $15,000, the penalty for a hotel’s third and any subsequent violation within a 24-month period.
- Increases, from $10,000 to $25,000, the amount to which a court may, in its discretion, increase the penalty for a hotel’s fourth or subsequent violation.
- Authorizes the AG to enforce violations described in item 16, above.
- Requires any fines collected for violations described in item 16, above, be deposited into the Fund.
FISCAL EFFECT:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to adjudicate criminal charges and civil enforcement actions resulting from this bill. A defendant charged with a misdemeanor or felony is entitled to a jury trial and, if the defendant is indigent, legal representation provided by the government. Actual court costs will depend on the number of cases and the amount of court time needed to adjudicate each case. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2024-25 state budget provides $37.3 million ongoing General Fund to backfill declining revenue to the Trial Court Trust Fund.
- Incarceration costs (local funds, General Fund) to the counties and the California Department of Corrections and Rehabilitation. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. The Legislative Analyst’s Office estimates the average annual cost to incarcerate one person in state prison is $133,000. County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.
- Costs to CalVCB (General Fund) to establish and operate the grant program, possibly in the tens of thousands to hundreds of thousands of dollars annually. The bill requires CalVCB to establish the program and determine grant criteria regardless of whether funds are available for disbursement, so CalVCB will likely need General Fund support for its start-up costs. Actual costs will depend on the level of additional staffing needed by CalVCB, if any.
- Cost pressures (General Fund) to allocate funding for the vertical prosecution grant program established by this bill, possibly in the millions to tens of millions of dollars. In 2023, for a similar bill, CalOES anticipated its administration costs would be around $85,000.
- Possible costs (General Fund, special funds) to the Department of Justice (DOJ) of an unknown amount. Actual costs will depend on whether the AG pursues enforcement actions as authorized by this bill, and, if so, the level of additional staffing DOJ needs to handle the related workload. If DOJ hires staff to handle enforcement actions authorized by this bill, the department would incur significant costs, likely in the low hundreds of thousands of dollars annually at a minimum. If DOJ does not pursue enforcement, the department would likely not incur any costs.
COMMENTS:
- Solicitation of a Minor. In California, acts of prostitution and solicitation for prostitution are crimes. Prostitution is engaging in sexual intercourse or a lewd act in exchange for money or other compensation. Solicitation for prostitution is communicating or accepting a request for sexual intercourse or a lewd act in exchange for money or other compensation. However, a minor cannot legally consent to sex and is not criminally liable for participating in a commercial sex transaction. Offenses involving sexual contact with a minor are distinct from solicitation and are generally punished more harshly under existing law.
Currently, a prosecutor may charge a defendant with solicitation of a minor as follows:
- Solicitation of a minor who was under 16 years of age at the time of the offense is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense and was a victim of human trafficking is a wobbler.
- Solicitation of a minor who was 16 or 17 years old at the time of the offense, where the solicited minor was not a victim of human trafficking, is a misdemeanor.
A wobbler is an offense that may be charged as a misdemeanor or a felony at the discretion of a prosecutor. This bill additionally makes solicitation of a minor a wobbler if the solicited minor was more than three years younger than the defendant at the time of the offense. The bill also revises the text of the offense described in item b), above, to include language from the existing offense of human trafficking of a minor.
- Loitering Offense. Until 2022, it was a criminal offense to loiter in a public place for the purpose of engaging in prostitution, meaning loitering with the intent to participate in a commercial sex transaction as a sex buyer or a sex worker. The loitering offense was used to target prospective sex buyers, but was also regularly used to arrest, prosecute, and incarcerate sex workers, trafficking victims, and others, with a disproportionate impact on people of color and LGBTQ+ people.
Three years ago, the Legislature passed and Governor Newsom signed SB 357 (Wiener), Chapter 86, Statutes of 2022, which removed the loitering offense from the Penal Code. Since then, some law enforcement agencies and cities have called for the re-enactment of the loitering offense, arguing that without the ability to arrest people who may be involved in commercial sex transactions, the commercial sex trade has expanded and police officers cannot approach or talk to trafficking victims to offer them services. According to the Orange County Sheriff’s Department, writing in support of AB 379, “The loitering law was a tool used by investigators to engage potential victims and determine if they were a victim of human trafficking. It also helped us identify those who may be conducting the larger sex trafficking operation.” The San Diego District Attorney’s Office, also writing in support of AB 379, believes the bill “would allow officers to, once again, contact individuals loitering for prostitution in public places…[allowing officers to] identify, intervene, and offer resources to victims who need them.”
While the law repealed by SB 357 criminalized any person who loitered with the intent to participate in a commercial sex transaction, either as a buyer of sex or as a sex worker, this bill makes it a misdemeanor only to loiter in public with intent to buy commercial sex. The bill lists several actions that can be used as evidence that a defendant charged with the offense intended to buy commercial sex. However, opponents of AB 379 argue the bill’s language is still vague enough to allow for the arrest of sex workers, trafficking victims, and others – with the same harmful outcomes that occurred under the repealed loitering law. Opponents also argue enacting this offense will make sex workers less safe, pointing to research that shows criminalization pushes commercial sex transactions into private spaces where sex workers are more isolated, have less time to identify risks, and have less control over their safety.
- Survivor Support Fund Grant Program. This bill requires a person convicted of loitering with intent to purchase commercial sex or solicitation of a minor to pay a $1,000 fine in addition to any other fines and penalties imposed. The bill directs to the Fund revenue from these fines and from specified civil penalties related to trafficking. CalVCB must establish a grant program to provide moneys from the Fund to CBOs that provide services to victims of sex trafficking and exploitation. However, criminal fines and civil penalties are an unstable source of funding, and several special funds traditionally funded by fine and fee revenue have needed significant General Fund support in recent years. As discussed in the analysis of this bill by the Assembly Committee on Public Safety, there are existing state financial resources for sex trafficking organizations and victims, including grant programs that fund CBOs that support trafficking survivors. The Governor’s budget proposal for fiscal year 2025-26 includes $30 million one-time General Fund over three years to expand human trafficking survivor support programs, plus funding for programs for victim services, domestic violence, and family support centers.
- Vertical Prosecution Grant Program. Criminal cases are typically prosecuted horizontally or vertically. In horizontal prosecution, each stage in the case is handled by a different prosecutor, so different attorneys may handle the arraignment, preliminary hearings, and trial for a single case. In vertical prosecution, a single prosecutor handles a case from beginning to end. Proponents of vertical prosecution argue that vertical prosecution is preferable because if one prosecutor follows a case from charging to sentencing, that prosecutor can become more knowledgeable about the details of the case, develop a comprehensive legal strategy for the matter, and establish a rapport with the victims. For these reasons, vertical prosecution is sometimes favored for cases involving particularly sensitive crimes like sexual offenses, hate crimes, and domestic violence crimes. This bill requires CalOES to establish a grant program to provide funding and technical support to county district attorney offices that employ vertical prosecution for human trafficking cases and meet other specified requirements.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 29, 2025
Deputy Chief Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
ABPCA Bill Id:AB 379
Author:(Krell) – As Amended Ver:March 27, 2025
As Proposed to be Amended in Committee
SUMMARY:
Makes it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified, and creates the Survivor Support Fund to fund grant programs to community-based organizations (CBOs) that provide direct services and outreach to victims of sex trafficking and exploitation. Specifically, this bill:
- Requires the California Victim Compensation Board (“board”) to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.
- States that the board shall, in a manner determined by the board, award grants to CBOs that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking.
- Creates that Survivor Support Fund within the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for grants as specified.
- Creates a crime for any person to loiter in a public place with the intent to purchase commercial sex, as specified, and makes the crime punishable as a misdemeanor punishable by a term of imprisonment of up to 6 months or a fine of up to $1,000, as well as an additional mandatory fine of $1,000 on top of any other punishment, to be deposited in the Survivor Support Fund.
- Specifies that the intent to purchase commercial sex is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.
- Mandates an additional $1,000 fine on top of any other punishment imposed on a person who violates existing law prohibiting prostitution as a person who is providing compensation for the act. Fines collected pursuant to this paragraph shall be deposited in the Survivor Support Fund.
- Requires a person who violates existing law prohibiting prostitution as a person who receives compensation for the act to be offered diversion if a program for which the defendant is eligible is available.
EXISTING LAW:
- Establishes the California Victim Compensation Claims Board (“board”) to operate the California Victim Compensation Program. (Gov. Code, §§ 13950 et. seq.)
- Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
- Requires an application be filed in accordance with the following timelines:
- Within seven years of the date of the crime;
- Seven years after the victim attains 21 years of age; or,
- Seven years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later. (Gov. Code, § 13953, subd. (a).)
- Authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center, not to exceed $10,000;
- Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim’s injury or the victim’s death;
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim’s residence or a vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses, not to exceed $3,418, if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim;
- Funeral or burial expenses, not to exceed $12,818;
- Costs to clean the scene of the crime, not to exceed $1,709; and,
- Costs of veterinary services, not to exceed $10,000. (Gov. Code, § 13957, subd. (a).)
- Limits the total award to or on behalf of each victim or derivative victim to $ $35,000, except that this award may be increased to an amount not exceeding $70,000 if federal funds are available. (Gov. Code, § 13957, subd. (b).)
- Defines “victim” to mean an individual who sustains injury or death as a direct result of a crime as specified. (Gov. Code, § 13951, subd. (e).)
- Defines “derivative victim” to mean an individual who sustains pecuniary loss as a result of injury or death to a victim. (Gov. Code, § 13951, subd. (e).)
- Provides that a person who deprives or violates another person’s personal liberty with the intent to obtain forced labor or services or who deprives or violates another person’s personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking. (Pen. Code, § 236.1.)
- Punishes any person who is guilty of human trafficking by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (a).)
- Authorizes a court to impose an additional fine of up to $1,000,000 on a person convicted of human trafficking. (Pen. Code, § 236.4.)
- States that upon conviction for a violation of human trafficking, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendant’s conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victim’s labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victim’s labor as guaranteed under California law, or the actual income derived by the defendant from the victim’s labor or services or any other appropriate means to provide reparations to the victim. (Pen. Code, § 1202.4, subd. (p).)
- Makes it a misdemeanor to solicit anyone to engage in, or engages in, lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (Pen. Code, § 647, subd. (a).)
- Makes it a misdemeanor to solicit, agree to engage in, or engages in any act of prostitution with the intent to receive compensation, money, or anything of value from another person. (Pen. Code, § 647, subd. (b)(1).)
- Makes it a misdemeanor, except as specified, for an individual who solicits, or who agrees to engage in, or who engages in, an 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, the individual 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. (Pen. Code, § 647, subd. (b)(2).)
- States it is unlawful for any person to direct, supervise, recruit, or otherwise aid another person in the commission of prostitution or collect or receive proceeds earned from prostitution. (Pen. Code, § 653.23 subd. (a)(1-2).)
- Authorizes a judge in the superior court in which a misdemeanor is being prosecuted, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant, with specified exemptions. If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant. (Pen. Code, § 1001.95.)
FORMER LAW:
- Made it a misdemeanor to loiter in a public place with the intent to commit prostitution. (Pen. Code §§ 653.22 and 653.26, repealed.)
- Stated that among the circumstances that may be considered in determining whether a person loiters with intent to commit prostitution are that the person:
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of violating this section, or other offenses related or involving prostitution, within five years of the arrest under this section;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution;
- Has engaged, within six months prior to the arrest under this section, in any behavior described in this subdivision or any other behavior indicative of prostitution activity. (Pen. Code, § 653.22, subd. (b), repealed.)
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Stated that the circumstances set forth above are not exclusive. These circumstances should be considered particularly salient if they occur in an area that is known for prostitution activity. (Pen. Code, § 653.22, subd. (c), repealed.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "AB 379 will better protect and support survivors of sex trafficking while cracking down on the demand that fuels victimization. Victims of sex trafficking face long odds—most have been raped, robbed, assaulted, more likely to be murdered, and face long term health consequences. But with the right support services, victims can become survivors who rebuild their lives and make immeasurable contributions to their families and society as a whole. Funding community based, survivor led organizations is key to breaking the vicious cycle of sex trafficking and providing much needed support to victims. This bill will deliver that funding without costing tax payers a dime.”
- Loitering with Intent to Commit Prostitution: In 2022, the Legislature enacted legislation to repeal provisions of law criminalizing loitering with intent to commit prostitution. The repealed law made it a misdemeanor to loiter in a public place with the intent to commit prostitution. (Former Pen. Code, § 653.22 and 653.26.) The repealed law specified non-exclusive circumstances that could be considered in determining whether a person was loitering with intent to commit prostitution (former Pen. Code, § 653.22, subd. (b)):
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
- Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution;
- Has been convicted of violating this section, or other offenses related or involving prostitution, within five years of the arrest under this section;
- Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution;
- Has engaged, within six months prior to the arrest under this section, in any behavior described in this subdivision or any other behavior indicative of prostitution activity.
- Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution;
The repealed law defined “loiter” to mean 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. (Former Pen. Code, § 653.20.)
The author of the legislation that repealed loitering with intent to commit prostitution[1] stated the need for the bill[2]:
This bill does not decriminalize soliciting or engaging in sex work. SB 357 simply eliminates an anti-loitering offense that results in the legal harassment of LGTBQ+, Black, and Brown communities for simply existing and looking like a ‘sex worker’ to law enforcement. Due to the broad subjective nature of the language that criminalizes loitering for the intent to engage in sex work, this offense permits law enforcement to stop and arrest people for discriminatory reasons, such as wearing revealing clothing while walking in an area where sex work has occurred before. The creation and enactment of this offense began to cause more harm than help, because of the power it gave law enforcement to profile, target, harass, and criminalize without accountability, and the consequences of criminalization on the livelihood and safety of specifically targeted communities.
The Senate Committee on Public Safety’s analysis of the bill referenced a study conducted in 2019 through the Los Angeles County Public Defender’s office compiled data from all of the charges of violations of Penal Code section 653.22 reported from the Compton Branch of the Public Defender’s office. During a one-week period of time, a total of 48 cases were reported.[3]
The study found that the majority of arrests were made up of young Black women. 42.6 percent of arrests were for people aged 21-24 with the next highest rate being 23.4 percent for people aged 18-20[4]. As for race, 72.3 percent were Black with the next highest rate being 17 percent for Hispanic.[5]
The study shows that probable cause was most commonly established by the arrestee’s presence in an area known for sex work, their clothing, and motioning in a flirtatious manner to vehicles.[6] Twenty-five percent (25%) of people arrested for loitering with intent had no prior sex work-related convictions. In 76.7 percent of cases, alleged suspects were characterized as wearing revealing clothing as evidence in support of intent to solicit a sex act.[7] Finally, in 45 out of 46 cases, the suspect’s state of dress was the stated basis for probable cause to arrest.[8] Other stated reasons for establishing probable cause for the arrest include possession of a cellphone, possession of cash, reacting to presence of police, giving conflicting information about activities, among many other stated reasons.[9]
According to the Yale Global Health Partnership in June 2020, arrest and conviction records for prostitution-related crimes make it harder for sex workers, and those cited for unlawful sex work, to find alternative employment - holding them in street economies and economic hardships -- “exacerbating ongoing race and gender discrimination.”[10] Criminalization exacerbates the barriers to housing, public benefits, and other social supports especially needed by street-based sex workers. These harms most often fall on People of Color and members of the LGBTQ+ community because there are higher rates of arrest and conviction for those groups.
This bill would create a new crime for loitering with intent to purchase commercial sex and largely reenacts the circumstances that can be used to prove a person’s intent, including being in a public place known for prostitution (former Pen. Code, § 653.22, subd. (c)), circling an area in a motor vehicle (former Pen. Code, § 653.22, subd. (b)(4)) and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists or making unauthorized stops (former Pen. Code, § 653.22, subd. (b)(1)-(2)). The crime would be punishable as a misdemeanor with up to 6 month imprisonment and a fine of up to $1,000. (Pen. Code, §§ 19, 653.26.) This bill would also require the court to impose an additional fine of $1,000 on a person convicted of this new offense to be deposited in the Survivor Support Fund created by this bill.
According to supporters of this bill, the repeal of the loitering law has resulted in an increase in solicitation of commercial sex in public areas. Opponents of the bill are concerned that reenacting criminal liability for loitering with intent to purchase commercial sex will also increase negative interactions with law enforcement for both sex workers and trafficking victims. The language in the bill that defines the types of behavior evidencing intent which are largely based on repealed Penal Code section 653.22—are vague and would permit broad discretion and subjective interpretation on the part of law enforcement which will result in disproportionate enforcement just like the original loitering law.
- Diversion: Existing law authorizes a judge to suspend criminal proceedings and divert a misdemeanor defendant, over the objection of the prosecution, except in cases of stalking, domestic violence and any offense requiring sex offender registration. (Pen. Code, § 1001.95.) The judge has broad authority to order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the specific situation, however the case may not be diverted for a period exceeding 24 months. Similar to other existing diversion programs, if a defendant successfully completes diversion, the charges would be dismissed; if not, the judge is to hold a hearing to determine whether the defendant has not complied with the terms and conditions of diversion and whether the criminal proceedings should be reinstituted.
This bill would specify that a person who violates existing law that prohibits prostitution as a person receiving something of value for the act, shall be offered diversion for a first or second offense, if a program for which the defendant is eligible is available. It appears that a court has discretion to grant diversion for these offenses under existing law. However, it is unclear how many counties have such programs available, and this bill does not require the creation of any such programs.
- Existing Funds for Human Trafficking Victims: Existing law authorizes a court to order a person convicted of human trafficking pursuant to Penal Code section 236.1 to pay an additional fine not to exceed $1,000,000. (Penal Code section 236.4.) This fine is in addition to any other penalty, fine, or restitution imposed. A conviction of a violation of human trafficking separately authorizes fines of up to $500,000. (Pen. Code, § 236.1, subds. (a)-(c).)
All fines imposed and collected pursuant to Penal Code sections 236.1 and 236.4 are to be deposited in the Victim-Witness Assistance Fund to be administered by California Office of Emergency Services (CalOES) to fund grants for services for victims of human trafficking. (Pen. Code, § 236.4, subd. (d).) Seventy percent of the fines collected and deposited shall be granted to public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for trafficked victims. (Ibid.) Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations. (Ibid.) Additionally, CalOES administers the Human Trafficking Victim Assistance Program which was created in the 2015 Budget Act to fund human trafficking victim service organization to provide comprehensive services to victims/survivors of human trafficking, including sex and labor.[11]
In 2024, the Legislature enacted the Crime Victims Fund within the State Treasury to support survivors of sexual violence, domestic violence, child abuse, elder abuse, human trafficking, and more.[12] The court is to determine the amount of the fine but it shall be commensurate with the seriousness of the offenses and shall not be more than $100,000 for a felony or more than $1,000 for a misdemeanor. (Pen. Code, § 1202.4, subd. (r)(2).) The funds deposited into the fund are continuously appropriated, without regard to fiscal years, to CalOES to support crime victims that have traditionally been funded with federal Victims of Crime Act (VOCA) grant funding. (Pen. Code, § 13839.) Under VOCA, the federal government provides grants for qualifying state victim compensation and victim assistance programs. Funds that are distributed to California are distributed through CalOES, which provides financial assistance and reimbursement to victims.
VOCA funding in California is declining. While the amount of money available to be distributed is capped each year, funding is still expected to decline in future years amid uncertainty about its long-term stability. According to the Assembly Appropriations Committee, VOCA funding is expected to decline from $154 million in 2023-24 to $87.5 million in 2024-25, a 43% decline.
This bill creates the Survivor Support Fund, to be administered by the Victim’s Compensation Board “to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation.” This new funding would come from the additional fine of $1,000 that the court would be required to impose on defendants who are convicted of loitering with intent to purchase a commercial sex act or a person who violates existing law prohibiting prostitution as a purchaser.
As discussed above, CalOES already administers grants for services for victims of human trafficking. According to supporters of this bill, these grants are not directly available to victims of crimes thus the new fund is needed to provide direct financial support to help survivors pay for housing, mental health and other services. According to the language of the bill, the grants would still be distributed to CBOs that provide direct services and outreach to victims of sex trafficking and exploitation, instead of direct reimbursements to victims. Separately, under existing law, the Victim Compensation Program may award compensation to victims of human trafficking based on individual applications based on loss of income or for other eligible out-of-pocket costs. Because the Victim Compensation Program is the payor of last resort,[13] compensation is only available to the extent that other sources have not been used to reimburse the victim, including medical insurance, disability insurance, employer benefits and civil suits.
- Penalty Assessments and Fees on Criminal Fines: Generally, when a criminal sanction includes a fine, the court has discretion to order an amount that does not exceed the statutory maximum. The maximum fine on a misdemeanor offense is up to $1,000 and on a felony offense the maximum is $10,000, unless otherwise specified in statute. This bill would provide that a person convicted of the new offense of loitering with intent to purchase a commercial sex act, in addition to any other punishment, shall be punished by a flat fine of $1,000. The funds collected from the imposition of this additional fine is to be deposited in the Survivor Support Fund, created by this bill.
Criminal fines imposed by the court reflects the base fine. Statutes further require penalty assessments and fees to be added on top of the base fine, substantially increasing the total fine (this does not include victim restitution or a restitution fine which would also be imposed upon conviction of a defendant).
To illustrate, a base fine of $1,000 would be subject to the following additional fees and assessments:
Pen. Code, § 1464 state penalty on fines: 1,000 ($10 for every $10)
Pen. Code, § 1465.7 state surcharge: 200 (20% surcharge)
Pen. Code, § 1465.8 court operation assessment: 40 ($40 fee per criminal offense)
Gov. Code, § 70372 court construction penalty: 500 ($5 for every $10)
Gov. Code, § 70373 assessment: 35 ($35 for felony or misdemeanor)
Gov. Code, § 76000 penalty: 700 ($7 for every $10)
Gov. Code, § 76000.5 EMS penalty: 200 ($2 for every $10)
Gov. Code, § 76104.6 DNA fund penalty: 100 ($1 for every $10)
Gov. Code, § 76104.7 additional DNA fund penalty: 400 ($4 for every $10)
Total Fine with Assessments: $4,175
Criminal fines and fees are used to fund numerous state and local funds. According to a Legislative Analyst’s Report[14]:
State law (and county resolutions for certain local charges) dictates a very complex process for the distribution of fine and fee revenue. State law currently contains over 200 distinct code sections specifying how individual fines and fees are to be distributed to numerous state and local funds, including additional requirements for when payments are not made in full. In order to comply with these requirements, collection programs must carefully track, distribute, and record the revenue they collect.
We estimate that a total of $1.5 billion in fine and fee revenue was distributed to state and local governments in 2018-19. (This is the most recent data that we have analyzed.) Of this amount, roughly half went to the state, 42 percent went to local governments, and the remainder offsets collection program costs related to collecting delinquent payments.
[T]he total amount of fine and fee revenue distributed to state and local governments has steadily declined since 2010-11. This has resulted in the state taking various actions to address a number of state funds (and the programs they support) facing insolvency.
Requiring a mandatory additional fine of $1,000 for a person convicted of the new loitering offense created by this bill may have the unintended consequence of reducing fine and fee revenue to state and local governments which are typically the recipients of these funds. The court would have discretion to impose a criminal fine of up to $1,000 on a person convicted of the loitering crime created by this bill which would be distributed in accordance with existing laws that use these monies to fund state and local governments. However, adding a mandatory additional fine of $1,000 to be deposited into a special fund that is exempt from the normal distribution formula of criminal fines could ultimately result in a court declining to impose the general criminal fine since they are required to impose the additional fine.
- Argument in Support: According to Rights4Girls, a co-sponsor of this bill, “Last month, our organization released our latest report, Buyers Unmasked: Exposing the Men Who Buy Sex & Solutions to End Exploitation, featuring sex buyer quotes from across the country to expose the ways in which these men view and discuss the individuals they purchase for sex acts. By showcasing sex buyers in their own words, highlighting key trends among their attitudes, and revealing demographic data of sex buyers versus sex trade survivors across the U.S., we reveal sex buyers as fully aware and indifferent to signs of trafficking, coercion, violence, desperation, and substance abuse in the people they purchase for sex.
“Importantly, AB 379 makes loitering with the intent to purchase sex acts a misdemeanor and subject to a $1,000 fine that helps to finance victim services for survivors. This is a critical form of demand reduction that will help deter exploitation while helping to provide trafficking survivors with the vital support services they need to heal. In addition, AB 379 establishes a Survivor Support Fund, an important move towards providing for the needs of trafficking survivors by allowing community-based organizations to apply for grant funding. Trafficking survivors require comprehensive services, such as healthcare, housing, substance abuse treatment, education, and job training. By utilizing fines from exploiters to help finance survivor services, AB 379 is taking an equitable and reparative approach by offsetting the negative consequences of buyers’ behavior.
. . . .
“Finally, prostituted people are among the most vulnerable in our communities. The majority of these individuals are not there by choice but due to lack of choice. Over 90% of those in the sex trade have experienced violence, including physical and psychological trauma at the hands of both sex buyers and exploiters. Many have histories of childhood trauma, including child sexual abuse, adverse childhood experiences (ACEs), are members of the runaway and homeless youth communities, and/or foster care communities, are disproportionately women and girls of color, and/or struggle with substance use disorder.
Historically, people in the sex trade have been seen as criminals and arrested at disproportionately high rates as compared to buyers, pimps, and traffickers. But today, states around the country and the world have begun to recognize that most prostituted people are people in need of services and exit strategies rather than arrest and prosecution. As a result, several jurisdictions around the globe and even the U.S. have adopted the Survivor Model— survivor-centered policies that provide legal protection to prostituted people from arrest and incarceration while continuing to hold accountable their exploiters—the pimps, sex buyers and brothel owners. In fact, in 2023 Maine became the first U.S. state to adopt the Survivor Model, ending the crime of engaging in prostitution only for those selling sex acts and sealing their past prostitution convictions. This recognition that that no one should be punished for their own exploitation is paving the way for other states to follow suit as both Illinois and New York have Survivor Model bills pending this legislative session.
“AB 379 is helping to shift the landscape in California in this regard too by ensuring that those charged with prostitution under current law for receiving something of value in exchange for a sex act, must be offered diversion for first and second time offenses, rather than criminal penalties. This is a crucial step in the right direction. By offering prostituted people diversion instead of arrest and detention, this legislation helps to end the stigma around prostituted people and instead shift the focus onto their perpetrators: the buyers, the pimps, and the traffickers. This move is aligned with where other jurisdictions who are reevaluating their sex trade policies are moving—shifting the burden from arresting survivors onto their exploiters.”
- Argument in Opposition: According to Coalition to Abolish Slavery and Trafficking (Cast), “AB 379 does not prevent human trafficking—it reinforces the very systems that make people vulnerable to it. We do not take lightly the real harm and violence that survivors—particularly street-based sex workers, immigrants, communities of color, and LGBTQ+ individuals—face every day. Our opposition to AB 379 is grounded in the reality that the broad criminalization efforts proposed in this bill will harm the very communities it claims to protect and make them more vulnerable to exploitation.
“Cast supports real solutions to human trafficking: access to housing, economic opportunity, trauma-informed services, and community-based care. Rather than moving forward with evidence-based approaches, AB 379 doubles down on punitive policies that have already failed survivors.
Policing ‘Demand’ Doesn’t Protect Survivors – It Puts Them in Danger
“AB 379 repeats the failed ‘end demand’ strategy that too often results in the arrest and criminalization of people selling sex—including those who are being trafficked—while ignoring the root causes of exploitation. When buyers are criminalized, those in the sex trade are forced to rush negotiations and meet in more dangerous locations, leading to increased violence and less control over safety. Amnesty International, USC’s International Human Rights Clinic, and countless survivor-led groups have pointed to public health and housing-first approaches as far more effective than police crackdowns.
A History We Must Not Repeat: Loitering Laws as Tools of Oppression
“California’s loitering and solicitation statutes have long been used to police Black and Brown communities, queer and trans people, and unhoused individuals under the false pretense of safety. These laws do not prevent harm—they create it.
“From the 1850 ‘Act for the Government and Protection of Indians’ to modern-day racial profiling, the legacy of vague ‘intent-based’ laws is clear: selective enforcement, biased arrests, and criminal records that devastate lives. Gay men continue to be targeted under solicitation laws even after legal rulings should have ended such discrimination. AB 379 offers no protections against these injustices—it compounds them.
Unstable Fines Are Not a Real Investment in Survivors
“AB 379 proposes fines and court fees as a funding stream for services—but this is neither just nor effective. Fines extracted from low-income defendants are unreliable and regressively burden families already living on the edge. They cannot provide the stable, long-term funding survivors need for housing, job training, healing services, and legal support.
“Cast supports increased funding for survivor services—but it must come from dedicated, sustainable sources like the state’s general fund. Survivors need support, not a system that relies on new convictions to generate money for care.
Support Can’t Be Coerced: The Harms of Mandatory Diversion
“Diversion programs framed as “alternatives” to jail still carry the weight of criminalization. When survivors are forced into services under threat of prosecution, those services are no longer trauma-informed or voluntary. Many mandatory programs fail to reflect the realities and needs of participants, often punishing non-compliance with further court involvement.
Support for survivors must be accessible without arrest or coercion. True assistance is survivor-led, trauma-informed, and free from the shadow of the criminal legal system.”
- Related Legislation: AB 63 (M. Rodriguez), would reenact the crime of loitering with intent to commit prostitution. AB 63 is pending hearing in this Committee.
- Prior Legislation:
- AB 2432 (Gabriel), Chapter 651, Statutes of 2024, established the California Crime Victims Fund in the State Treasury and required that moneys deposited in the fund be continuously appropriated to CalOES to support crime victims services.
- SB 1219 (Seyarto), would make it a misdemeanor for an individual to operate a motor vehicle in any public place and repeatedly beckon to, contact, or attempt to contact or stop pedestrians or other motorists, or impede traffic, with the intent to solicit prostitution. SB 1219 failed passage in the Senate Public Safety Committee.
- SB 357 (Wiener), Chapter 86, Statutes of 2022, repealed provisions of law related to loitering with the intent to commit prostitution and authorized a person convicted of a violation of repealed law to petition the court for dismissal and sealing of their case.
- AB 629 (Smith), Chapter 575, Statutes of 2019, authorizes the Victim Compensation Board to provide compensation equal to loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime, if the qualifying crime is human trafficking, in an amount not exceeding the value of the victim’s labor as guaranteed under California law for up to 40 hours per week, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
3strands Global Foundation (co-sponsor)
Lieutenant Governor Eleni Kounalakis (co-sponsor)
Love Never Fails (so-sponsor)
Sacramento County Sheriff Jim Cooper (co-sponsor)
San Diego County District Attorney's Office (co-sponsor)
Arcadia Police Officers' Association
Bakersfield Mayor Karen Goh
Beacon4victims
Brea Police Association
Bridge Network
Burbank Police Officers' Association
California Association of School Police Chiefs
California Baptist for Biblical Values
California Catholic Conference
California Coalition of School Safety Professionals
California District Attorneys Association
California Family Council
California Federation of Labor Unions, AFL-CIO
California Narcotic Officers' Association
California Police Chiefs Association
California Reserve Peace Officers Association
Chief Probation Officers of California
City of Riverside
City of San Diego
Claremont Police Officers Association
CNIGA - California Nations Indian Gaming Association
Community Against Sexual Harm
Concerned Women for America
County of San Diego
Culver City Police Officers' Association
Dance Awareness: No Child Exploited
Diamond Collective
Exodus Cry
Fullerton Police Officers' Association
League of California Cities
Lighthouse Charter School
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Mayor of Fresno, Jerry Dyer
Murrieta Police Officers' Association
National Center on Sexual Exploitation (NCOSE)
Newport Beach Police Association
North San Diego County Human Trafficking Collaborative
North Fork Rancheria of Mono Indians of California
Orange County Sheriff's Department
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Pillars of Hope, Incorporated
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Rights4girls
Riverside Police Officers Association
Riverside Sheriffs' Association
Sacramento County Probation Association
Sacramento Mayor Kevin McCarty
San Diego County Probation Officers Association
San Diego Regional Chamber of Commerce
San Joaquin County Probation Officers Association
San Mateo County Probation Detention Association
Santa Ana Police Officers Association
Set Free Marriage and Family Therapy, INC.
Shingle Springs Band of Miwok Indians
Special Operations Finding Kids
State Building and Construction Trades Council
Stockton; City of
Survivor Leader Network of San Diego
United Auburn Indian Community
Ventura County Professional Peace Officers Association
Women’s Liberation Front
Yocha Dehe Wintun Nation
Yolo County Probation Association
Zoe International
21 Private Individuals
Opposition
Access Reproductive Justice
ACLU California Action
Apla Health
Artists Revolt
Bienestar Human Services
California Attorneys for Criminal Justice
California Public Defenders Association
California Syringe Exchange Program (CASEP) Coalition
California Women's Law Center
Californians United for a Responsible Budget
Center on Reproductive Rights and Justice At Berkeley Law
Coalition to Abolish Slavery and Trafficking (CAST)
Communities United for Restorative Youth Justice
Community Health Project LA
Debt-Free Justice California
Decrimsexworkca (DECRIMSWCA)
Ella Baker Center for Human Rights
End the Epidemics: Californians Mobilizing to End Hiv, Viral Hepatitis, Stis, and Overdose
Erotic Service Providers Legal, Education, and Research Project
Equality California
Harm Reduction Services
Initiate Justice Coalition
Justice2jobs Coalition
LA Defensa
Larkin Street Youth Services
Local 148 Los Angeles County Public Defenders Union
NASW California
Oasis Legal Services
Rising Worldwide
San Francisco Aids Foundation
San Francisco Public Defender
Sex Worker Outreach Project Behind Bar
Sex Worker's Outreach Project Los Angeles
Silicon Valley De-Bug
Smart Justice California, a Project of Tides Advocacy
Stripper Worker Center
Strippers United INC
Survivor Policy Coalition
The Sidewalk Project
The Translatin@ Coalition
Valor US
Vera Institute of Justice
Women's Foundation California
Woodhull Freedom Foundation
9 Private Individuals
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744
SB 357 (Wiener), Ch. 86, Stats. 2022 ↑
Sen. Com. on Public Safety, Analysis of Sen. Bill No. 357 (2021-2022 Reg. Sess.) as amended Apr. 5, 2021.) ↑
Demeri, Policing of People in the Sex Trades in Compton: Analysis of Section 653.22 Clients, Law Offices of the Los Angeles County Public Defender (2019). ↑
Id. at p. 2. ↑
Id. at p. 4. ↑
Id. at p. 14. ↑
Id. at p. 12. ↑
Ibid. ↑
Ibid. ↑
Yale Global Health Justice Partnership, Sex Workers and Allies Network, “The Harmful Consequences of Sex Work Criminalization on Health and Rights” (June 2020) (last visited February 22, 2024 https://law.yale.edu/center.ghip.docoments.) ↑
https://news.caloes.ca.gov/year-in-review-cal-oes-administers-over-half-a-billion-dollars-in-critical-grant-funding-to-support-victims-of-crime-and-enhance-the-states-security/ (accessed Apr. 24, 2025). ↑
AB 2432 (Gabriel), Ch. 651, Stats. 2024. ↑
https://victims.ca.gov/for-victims/ (accessed Apr. 24, 2025). ↑
Overview of the Criminal Fine and Fee System and Notable Related Actions, Legislative Analyst’s Office (June 2023) pp. 3-4. ↑
Discussed in Hearing
1H
Senate Floor
14MIN
Senate Standing Committee on Appropriations
55MIN
Senate Standing Committee on Public Safety
37MIN
Assembly Floor
29MIN
Assembly Standing Committee on Appropriations
1H
Assembly Floor
57MIN
Assembly Standing Committee on Public Safety
Bill Co-Author(s):
