Bill Text: CA SB420 | 2015-2016 | Regular Session | Chaptered
Bill Title: Prostitution.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 734, Statutes of 2016. [SB420 Detail]
Download: California-2015-SB420-Chaptered.html
BILL NUMBER: SB 420 CHAPTERED
BILL TEXT
CHAPTER 734
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 11, 2016
AMENDED IN SENATE APRIL 27, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Huff
(Coauthors: Senators Bates, Block, Runner, and Vidak)
(Coauthors: Assembly Members Bonta, Olsen, and Waldron)
FEBRUARY 25, 2015
An act to amend Section 647 of the Penal Code, relating to
prostitution.
LEGISLATIVE COUNSEL'S DIGEST
SB 420, Huff. Prostitution.
Existing law provides that a person who solicits or agrees to
engage in or engages in any act of prostitution is guilty of
disorderly conduct, a misdemeanor.
This bill would recast these provisions to distinguish between the
different individuals who are guilty of disorderly conduct by
soliciting, agreeing to engage in, or engaging in, any act of
prostitution based on whether the person is soliciting or agreeing to
receive compensation, money, or anything of value for an act of
prostitution, as specified, or the person is soliciting or agreeing
to provide compensation, money, or anything of value for an act of
prostitution with a minor or with an adult, as specified.
This bill would incorporate additional changes to Section 647 of
the Penal Code, proposed by SB 1129, SB 1322, and AB 1708, that would
become operative only if this bill and one or more of those other
bills are enacted and become effective January 1, 2017, and this bill
is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 647 of the Penal Code is amended to read:
647. Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, a
misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution shall not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.
(k) (1) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
(2) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
(3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense, the
violation is punishable by imprisonment in a county jail for not less
than two days and not more than one year, or by a fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
SEC. 1.1. Section 647 of the Penal Code is amended to read:
647. Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, a
misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution does not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) If a person has violated subdivision (f), a peace officer, if
he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the
combined influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has
committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) A person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) A person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
does not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision does not preclude punishment under any
section of law providing for greater punishment.
(k) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense, the
violation is punishable by imprisonment in a county jail for not less
than two days and not more than one year, or by a fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
SEC. 1.2. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (5) of subdivision (b) and
subdivision (l), every person who commits any of the following acts
is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor.
An individual agrees to engage in an act of prostitution when,
with specific intent to so engage, he or she manifests an acceptance
of an offer or solicitation by someone who is a minor to so engage,
regardless of whether the offer or solicitation was made by a minor
who also possessed the specific intent to engage in an act of
prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution shall not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Notwithstanding paragraphs (1) to (3), inclusive, this
subdivision does not apply to a child under 18 years of age who is
alleged to have engaged in conduct to receive money or other
consideration that would, if committed by an adult, violate this
subdivision. A commercially exploited child under this paragraph may
be adjudged a dependent child of the court pursuant to paragraph (2)
of subdivision (b) of Section 300 of the Welfare and Institutions
Code and may be taken into temporary custody pursuant to subdivision
(a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.
(k) (1) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
(2) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
(3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense, the
violation is punishable by imprisonment in a county jail for not less
than two days and not more than one year, or by a fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
SEC. 1.3. Section 647 of the Penal Code is amended to read:
647. Except as provided in subdivision (l), a person who commits
any of the following acts is guilty of disorderly conduct, a
misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution shall not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Except as provided in paragraph (6) and subdivision (k), a
violation of paragraph (2) or (3) is punishable by imprisonment in a
county jail for not less than 72 hours and not more than six months
and by a fine of not less than two hundred fifty dollars ($250) but
not exceeding one thousand dollars ($1,000). Upon a violation of
paragraph (2) or (3), a person is not eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 24 continuous hours in a county jail. In all
cases in which probation is granted, the court shall require as a
condition of probation that the person be confined in a county jail
for at least 24 hours. The court shall order that a person punished
under this paragraph, who is to be punished by imprisonment in the
county jail, be imprisoned on days other than days of regular
employment of the person, as determined by the court. If the court
determines that 24 hours of continuous imprisonment would interfere
with the person's work schedule, the court shall allow the person to
serve the imprisonment whenever the person is normally scheduled for
time off from work. The court may make this determination based upon
a representation from the defendant's attorney or upon an affidavit
or testimony from the defendant.
(6) If a defendant violates paragraph (3) and knew or should have
known that the person who was solicited was a minor at the time of
the offense, or if a defendant violates paragraph (2) and the person
who was solicited was a person posing as a minor and the defendant
had specific intent to solicit a minor, the violation is punishable
by imprisonment in a county jail for not less than 72 hours and not
more than one year and by a fine not less than one thousand dollars
($1,000) but not exceeding ten thousand dollars ($10,000). Upon a
violation of this paragraph, a person is not eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 48 continuous hours in a county
jail. In all cases in which probation is granted, the court shall
require as a condition of probation that the person be confined in a
county jail for at least 48 hours. The court shall order that a
person punished under this paragraph, who is to be punished by
imprisonment in the county jail, be imprisoned on days other than
days of regular employment of the person, as determined by the court.
If the court determines that 48 hours of continuous imprisonment
would interfere with the person's work schedule, the court shall
allow the person to serve the imprisonment whenever the person is
normally scheduled for time off from work. The court may make this
determination based upon a representation from the defendant's
attorney or upon an affidavit or testimony from the defendant.
(7) This subdivision does not prohibit prosecution under any other
law.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.
(k) (1) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and is not eligible for release upon completion of sentence, on
probation, on parole, on work furlough or work release, or on any
other basis until he or she has served a period of not less than 45
days in a county jail. In all cases in which probation is granted,
the court shall require as a condition thereof that the person be
confined in a county jail for at least 45 days. The court shall not
absolve a person who violates this subdivision from the obligation of
spending at least 45 days in confinement in a county jail.
(2) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and is not eligible
for release upon completion of sentence, on probation, on parole, on
work furlough or work release, or on any other basis until he or she
has served a period of not less than 90 days in a county jail. In
all cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for
at least 90 days. The court shall not have the power to absolve a
person who violates
this subdivision from the obligation of spending at least 90 days in
confinement in a county jail.
(3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 1.4. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (5) of subdivision (b) and
subdivision (l), every person who commits any of the following acts
is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution does not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Notwithstanding paragraphs (1) to (3), inclusive, this
subdivision does not apply to a child under 18 years of age who is
alleged to have engaged in conduct to receive money or other
consideration that would, if committed by an adult, violate this
subdivision. A commercially exploited child under this paragraph may
be adjudged a dependent child of the court pursuant to paragraph (2)
of subdivision (b) of Section 300 of the Welfare and Institutions
Code and may be taken into temporary custody pursuant to subdivision
(a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) If a person has violated subdivision (f), a peace officer, if
he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the
combined influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has
committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) A person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) A person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
does not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision does not preclude punishment under any
section of law providing for greater punishment.
(k) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense, the
violation is punishable by imprisonment in a county jail for not less
than two days and not more than one year, or by a fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
SEC. 1.5. Section 647 of the Penal Code is amended to read:
647. Except as provided in subdivision (l), a person who commits
any of the following acts is guilty of disorderly conduct, a
misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of
whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution does not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Except as provided in paragraph (6) and subdivision (k), a
violation of paragraph (2) or (3) is punishable by imprisonment in a
county jail for not less than 72 hours and not more than six months
and by a fine of not less than two hundred fifty dollars ($250) but
not exceeding one thousand dollars ($1,000). Upon a violation of
paragraph (2) or (3), a person is not eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 24 continuous hours in a county jail. In all
cases in which probation is granted, the court shall require as a
condition of probation that the person be confined in a county jail
for at least 24 hours. The court shall order that a person punished
under this paragraph, who is to be punished by imprisonment in the
county jail, be imprisoned on days other than days of regular
employment of the person, as determined by the court. If the court
determines that 24 hours of continuous imprisonment would interfere
with the person's work schedule, the court shall allow the person to
serve the imprisonment whenever the person is normally scheduled for
time off from work. The court may make this determination based upon
a representation from the defendant's attorney or upon an affidavit
or testimony from the defendant.
(6) If a defendant violates paragraph (3) and knew or should have
known that the person who was solicited was a minor at the time of
the offense, or if a defendant violates paragraph (2) and the person
who was solicited was a person posing as a minor and the defendant
had specific intent to solicit a minor, the violation is punishable
by imprisonment in a county jail for not less than 72 hours and not
more than one year and by a fine not less than one thousand dollars
($1,000) but not exceeding ten thousand dollars ($10,000). Upon a
violation of this paragraph, a person is not eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 48 continuous hours in a county
jail. In all cases in which probation is granted, the court shall
require as a condition of probation that the person be confined in a
county jail for at least 48 hours. The court shall order that a
person punished under this paragraph, who is to be punished by
imprisonment in the county jail, be imprisoned on days other than
days of regular employment of the person, as determined by the court.
If the court determines that 48 hours of continuous imprisonment
would interfere with the person's work schedule, the court shall
allow the person to serve the imprisonment whenever the person is
normally scheduled for time off from work. The court may make this
determination based upon a representation from the defendant's
attorney or upon an affidavit or testimony from the defendant.
(7) This subdivision does not prohibit prosecution under any other
law.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) If a person has violated subdivision (f), a peace officer, if
he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the
combined influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has
committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) A person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) A person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
does not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision does not preclude punishment under any
section of law providing for greater punishment.
(k) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,
000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 1.6. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (8) of subdivision (b) and
subdivision (l), a person who commits any of the following acts is
guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specified intent to so engage, he or she manifests an acceptance of
an offer or solicitation by another person to so engage, regardless
of whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution shall not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Except as provided in paragraph (6) and subdivision (k), a
violation of paragraph (2) or (3) is punishable by imprisonment in a
county jail for not less than 72 hours and not more than six months
and by a fine of not less than two hundred fifty dollars ($250) but
not exceeding one thousand dollars ($1,000). Upon a violation of
paragraph (2) or (3), a person is not eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 24 continuous hours in a county jail. In all
cases in which probation is granted, the court shall require as a
condition of probation that the person be confined in a county jail
for at least 24 hours. The court shall order that a person punished
under this paragraph, who is to be punished by imprisonment in the
county jail, be imprisoned on days other than days of regular
employment of the person, as determined by the court. If the court
determines that 24 hours of continuous imprisonment would interfere
with the person's work schedule, the court shall allow the person to
serve the imprisonment whenever the person is normally scheduled for
time off from work. The court may make this determination based upon
a representation from the defendant's attorney or upon an affidavit
or testimony from the defendant.
(6) If a defendant violates paragraph (3) and knew or should have
known that the person who was solicited was a minor at the time of
the offense, or if a defendant violates paragraph (2) and the person
who was solicited was a person posing as a minor and the defendant
had specific intent to solicit a minor, the violation is punishable
by imprisonment in a county jail for not less than 72 hours and not
more than one year and by a fine not less than one thousand dollars
($1,000) but not exceeding ten thousand dollars ($10,000). Upon a
violation of this paragraph, a person is not eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 48 continuous hours in a county
jail. In all cases in which probation is granted, the court shall
require as a condition of probation that the person be confined in a
county jail for at least 48 hours. The court shall order that a
person punished under this paragraph, who is to be punished by
imprisonment in the county jail, be imprisoned on days other than
days of regular employment of the person, as determined by the court.
If the court determines that 48 hours of continuous imprisonment
would interfere with the person's work schedule, the court shall
allow the person to serve the imprisonment whenever the person is
normally scheduled for time off from work. The court may make this
determination based upon a representation from the defendant's
attorney or upon an affidavit or testimony from the defendant.
(7) This subdivision does not prohibit prosecution under any other
law.
(8) Notwithstanding paragraphs (1) to (3), inclusive, this
subdivision does not apply to a child under 18 years of age who is
alleged to have engaged in conduct to receive money or other
consideration that would, if committed by an adult, violate this
subdivision. A commercially exploited child under this paragraph may
be adjudged a dependent child of the court pursuant to paragraph (2)
of subdivision (b) of Section 300 of the Welfare and Institutions
Code and may be taken into temporary custody pursuant to subdivision
(a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.
(k) (1) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and is not eligible for release upon completion of sentence, on
probation, on parole, on work furlough or work release, or on any
other basis until he or she has served a period of not less than 45
days in a county jail. In all cases in which probation is granted,
the court shall require as a condition thereof that the person be
confined in a county jail for at least 45 days. The court shall not
absolve a person who violates this subdivision from the obligation of
spending at least 45 days in confinement in a county jail.
(2) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and is not eligible
for release upon completion of sentence, on probation, on parole, on
work furlough or work release, or on any other basis until he or she
has served a period of not less than 90 days in a county jail. In
all cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for
at least 90 days. The court shall not have the power to absolve a
person who violates this subdivision from the obligation of spending
at least 90 days in confinement in a county jail.
(3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 1.7. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (8) of subdivision (b) and
subdivision (l), a person who commits any of the following acts is
guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open
to the public or exposed to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or
who engages in, any act of prostitution with the intent to receive
compensation, money, or anything of value from another person. An
individual agrees to engage in an act of prostitution when, with
specified intent to so engage, he or she manifests an acceptance of
an offer or solicitation by another person to so engage, regardless
of whether the offer or solicitation was made by a person who also
possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is 18
years of age or older in exchange for the individual providing
compensation, money, or anything of value to the other person. An
individual agrees to engage in an act of prostitution when, with
specific intent to so engage, he or she manifests an acceptance of an
offer or solicitation by another person who is 18 years of age or
older to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who
engages in, any act of prostitution with another person who is a
minor in exchange for the individual providing compensation, money,
or anything of value to the minor. An individual agrees to engage in
an act of prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation by someone
who is a minor to so engage, regardless of whether the offer or
solicitation was made by a minor who also possessed the specific
intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to
engage in an act of prostitution does not constitute a violation of
this subdivision unless some act, in addition to the manifestation of
acceptance, is done within this state in furtherance of the
commission of the act of prostitution by the person manifesting an
acceptance of an offer or solicitation to engage in that act. As used
in this subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
(5) Except as provided in paragraph (6) and subdivision (k), a
violation of paragraph (2) or (3) is punishable by imprisonment in a
county jail for not less than 72 hours and not more than six months
and by a fine of not less than two hundred fifty dollars ($250) but
not exceeding one thousand dollars ($1,000). Upon a violation of
paragraph (2) or (3), a person is not eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 24 continuous hours in a county jail. In all
cases in which probation is granted, the court shall require as a
condition of probation that the person be confined in a county jail
for at least 24 hours. The court shall order that a person punished
under this paragraph, who is to be punished by imprisonment in the
county jail, be imprisoned on days other than days of regular
employment of the person, as determined by the court. If the court
determines that 24 hours of continuous imprisonment would interfere
with the person's work schedule, the court shall allow the person to
serve the imprisonment whenever the person is normally scheduled for
time off from work. The court may make this determination based upon
a representation from the defendant's attorney or upon an affidavit
or testimony from the defendant.
(6) If a defendant violates paragraph (3) and knew or should have
known that the person who was solicited was a minor at the time of
the offense, or if a defendant violates paragraph (2) and the person
who was solicited was a person posing as a minor and the defendant
had specific intent to solicit a minor, the violation is punishable
by imprisonment in a county jail for not less than 72 hours and not
more than one year and by a fine not less than one thousand dollars
($1,000) but not exceeding ten thousand dollars ($10,000). Upon a
violation of this paragraph, a person is not eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 48 continuous hours in a county
jail. In all cases in which probation is granted, the court shall
require as a condition of probation that the person be confined in a
county jail for at least 48 hours. The court shall order that a
person punished under this paragraph, who is to be punished by
imprisonment in the county jail, be imprisoned on days other than
days of regular employment of the person, as determined by the court.
If the court determines that 48 hours of continuous imprisonment
would interfere with the person's work schedule, the court shall
allow the person to serve the imprisonment whenever the person is
normally scheduled for time off from work. The court may make this
determination based upon a representation from the defendant's
attorney or upon an affidavit or testimony from the defendant.
(7) This subdivision does not prohibit prosecution under any other
law.
(8) Notwithstanding paragraphs (1) to (3), inclusive, this
subdivision does not apply to a child under 18 years of age who is
alleged to have engaged in conduct to receive money or other
consideration that would, if committed by an adult, violate this
subdivision. A commercially exploited child under this paragraph may
be adjudged a dependent child of the court pursuant to paragraph (2)
of subdivision (b) of Section 300 of the Welfare and Institutions
Code and may be taken into temporary custody pursuant to subdivision
(a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) If a person has violated subdivision (f), a peace officer, if
he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the
combined influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has
committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) A person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) A person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
does not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under
or through the clothing being worn by that other person, for the
purpose of viewing the body of, or the undergarments worn by, that
other person, without the consent or knowledge of that other person,
with the intent to arouse, appeal to, or gratify the lust, passions,
or sexual desires of that person and invade the privacy of that other
person, under circumstances in which the other person has a
reasonable expectation of privacy.
(3) (A) A person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision does not preclude punishment under any
section of law providing for greater punishment.
(k) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 2. (a) Section 1.1 of this bill incorporates amendments to
Section 647 of the Penal Code proposed by both this bill and Senate
Bill 1129. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 647 of the Penal Code, (3) Senate Bill 1322 and
Assembly Bill 1708 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Senate Bill 1129, in
which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill
shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section
647 of the Penal Code proposed by both this bill and Senate Bill
1322. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2017, (2) each bill
amends Section 647 of the Penal Code, (3) Senate Bill 1129 and
Assembly Bill 1708 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Senate Bill 1322, in
which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill
shall not become operative.
(c) Section 1.3 of this bill incorporates amendments to Section
647 of the Penal Code proposed by both this bill and Assembly Bill
1708. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2017, (2) each bill
amends Section 647 of the Penal Code, (3) Senate Bill 1129 and Senate
Bill 1322 are not enacted or as enacted do not amend that section,
and (4) this bill is enacted after Assembly Bill 1708, in which case
Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not
become operative.
(d) Section 1.4 of this bill incorporates amendments to Section
647 of the Penal Code proposed by this bill, Senate Bill 1129, and
Senate Bill 1322. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2017,
(2) all three bills amend Section 647 of the Penal Code, (3) Assembly
Bill 1708 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Senate Bill 1129 and Senate Bill
1322, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of
this bill shall not become operative.
(e) Section 1.5 of this bill incorporates amendments to Section
647 of the Penal Code proposed by this bill, Senate Bill 1129, and
Assembly Bill 1708. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2017,
(2) all three bills amend Section 647 of the Penal Code, (3) Senate
Bill 1322 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Senate Bill 1129 and Assembly Bill
1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of
this bill shall not become operative.
(f) Section 1.6 of this bill incorporates amendments to Section
647 of the Penal Code proposed by this bill, Senate Bill 1322, and
Assembly Bill 1708. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2017,
(2) all three bills amend Section 647 of the Penal Code, (3) Senate
Bill 1129 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Senate Bill 1322 and Assembly Bill
1708, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of
this bill shall not become operative.
(g) Section 1.7 of this bill incorporates amendments to Section
647 of the Penal Code proposed by this bill, Senate Bill 1129, Senate
Bill 1322, and Assembly Bill 1708. It shall only become operative if
(1) all four bills are enacted and become effective on or before
January 1, 2017, (2) all four bills amend Section 647 of the Penal
Code, and (3) this bill is enacted after Senate Bill 1129, Senate
Bill 1322, and Assembly Bill 1708, in which case Sections 1, 1.1,
1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
