Bill Text: CA SB420 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 420	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Huff
    (   Coauthors:   Senators   Block,
  Runner,   and Vidak   ) 
    (   Coauthor:   Assembly Member  
Olsen   ) 

                        FEBRUARY 25, 2015

   An act to amend Section 647 of the Penal Code, relating to
prostitution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 420, as amended, 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 and eliminate engaging in
an act of prostitution from the definition of the offense. 
The bill would rename "prostitution" as "commercial sexual contact"
for purposes of these provisions.  The bill would provide
that the offense is committed when (1) an individual solicits another
to engage in an act of  commercial sexual contact 
 prostitution  with the intent to receive compensation,
money, or anything of value, and with the specific intent to so
engage; (2) an individual solicits another who is 18 years of age or
older to engage in an act of  commercial sexual contact
  prostitution  in exchange for the individual
providing compensation, money, or anything of value to the other, or,
who manifests an acceptance of an offer or solicitation by another
who is 18 years of age or older to so engage, regardless of whether
the offer or solicitation by the other was made by a person who also
possessed the specific intent to engage in an act of 
commercial sexual contact;   prostitution;  or (3)
an individual solicits another who is a minor to engage in an act of
 commercial sexual contact   prostitution 
in exchange for the individual providing compensation, money, or
anything of value to the minor, or who manifests an acceptance of an
offer or solicitation by someone who is a minor to so engage,
regardless of whether the offer or solicitation by the minor was made
by a person who also possessed the specific intent to engage in an
act of  commercial sexual contact.  
prostitution. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 another to engage in an act of
 commercial sexual contact   prostitution 
with the intent to receive compensation, money, or anything of value,
and with the specific intent to so engage.
   (2) An individual who solicits another who is 18 years of age or
older, to engage in an act of  commercial sexual contact
  prostitution  in exchange for the individual
providing compensation, money, or anything of value to the other, or,
who manifests an acceptance of an offer or solicitation by another
who is 18 years of age or older to so engage, regardless of whether
the offer or solicitation by the other was made by a person who also
possessed the specific intent to engage in an act of 
commercial sexual contact.   prostitution. 
   (3) An individual who solicits another who is a minor to engage in
an act of  commercial sexual contact  
prostitution  in exchange for the individual providing
compensation, money, or anything of value to the minor, or who
manifests an acceptance of an offer or solicitation by someone who is
a minor to so engage, regardless of whether the offer or
solicitation by the minor was made by a person who also possessed the
specific intent to engage in an act of  commercial sexual
contact.   prostitution. 
   (4) No manifestation of acceptance of an offer or solicitation to
engage in an act of  commercial sexual contact  
prostitution  shall 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
 commercial sexual contact   prostitution 
by the person manifesting an acceptance of an offer or solicitation
to engage in that act. As used in this subdivision, 
"commercial sexual contact"   "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) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
   In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
   In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a 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.