Bill Text: CA SB982 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Prostitution: minors: punishment.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB982 Detail]

Download: California-2013-SB982-Amended.html

---

BILL NUMBER: SB 982	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2014
	AMENDED IN SENATE  MARCH 17, 2014

INTRODUCED BY   Senator Huff
    (   Coauthors:   Senators  
Berryhill   and Lieu   ) 
    (  Coauthors:   Assembly Members  
Chávez,   Olsen,   and Wagner   ) 

                        FEBRUARY 11, 2014

   An act to amend Sections 261.9 and 647 of the Penal Code, relating
to sex offenses.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 982, as amended, Huff. Prostitution: minors: punishment.
   Existing law provides that a person who solicits or agrees to
engage in or engages in any act of prostitution is guilty of
disorderly conduct, a misdemeanor, punishable by imprisonment in a
county jail for no more than 6 months, by a fine not exceeding
$1,000, or by both that fine and imprisonment.
   This bill would,  notwithstanding the above provisions,
  instead,  make it either a misdemeanor,
punishable by not more than one year in a county jail, or a felony,
punishable in a county jail for 16 months or 2 or 3 years, 
the first time a person seeks to procure or procures the sexual
services of a prostitute in violation of the above provisions if the
prostitute   for a person who, in violation of the above
provisions, solicits an act of prostitution from, or engages in an
act of prostitution with, a person who  is under 18 years of age
and the defendant knows or should know that the  prostitute
  person  is under 18 years of age. The bill would
make a second or subsequent violation of that offense a felony,
punishable in a county jail for 16 months or 2 or 3 years.  These
provisions would apply only to the person who exchanged, or offered
to exchange, anything of value with the other person in return for a
lewd act.  By increasing the punishment for a crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 261.9 of the Penal Code is amended to read:
   261.9.  (a) A person who  seeks to procure or does procure
the sexual services of a prostitute   ,  in
violation of subdivision (b) of Section 647,  if the
prostitute is   solicits an act of prostitution from, or
engages in an act of prostitution with, a person  under 18
years of age and the defendant knows or reasonably should know the
 prostitute   other person  is under 18
years of age, shall be punished as follows:
   (1) For the first conviction, either as a misdemeanor or as a
felony punishable by imprisonment pursuant to subdivision (h) of
Section 1170.
   (2) For the second or subsequent conviction, as a felony
punishable by imprisonment pursuant to subdivision (h) of Section
1170.
   (b) Any person  convicted of seeking to procure or
procuring the sexual services of a prostitute   who,
 in violation of subdivision (b) of Section 647,  if the
prostitute   solicits an act of prostitution from, or
engages in an act of prostitution with, a person who  is under
18 years of age, shall be ordered by the court, in addition to any
other penalty or fine imposed, to pay an additional fine in an amount
not to exceed twenty-five thousand dollars ($25,000).
   (c) Every fine imposed and collected pursuant to this section
shall, upon appropriation by the Legislature, be available to fund
programs and services for commercially sexually exploited minors in
the counties where the underlying offenses are committed. 
   (d) This section applies only to the person who exchanged, or
offered to exchange, anything of value with the other person in
return for a lewd act. 
  SEC. 2.  Section 647 of the Penal Code is amended to read:
   647.  Except as provided in subdivision (a) of Section 261.9 and
subdivision (l), every person who commits any of the following acts
is guilty of disorderly conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in  any   a  public place
or in  any   a  place open to the public
or exposed to public view.
   (b) Who solicits or who agrees to engage in or who engages in
 any   an  act of prostitution. A person
agrees to engage in an act of prostitution when, with specific intent
to so engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer or
solicitation was made by a person who also possessed the specific
intent to engage in prostitution. An agreement to engage in an act of
prostitution shall not constitute a violation of this subdivision
unless some act, in addition to the agreement, is done within this
state in furtherance of the commission of an act of prostitution by
the person agreeing to engage in that act. As used in this
subdivision, "prostitution" includes any lewd act between persons for
money or other consideration.
   (c) Who accosts other persons in  any   a
 public place or in  any   a  place
open to the public for the purpose of begging or soliciting alms.
   (d) Who loiters in or about  any   a 
toilet open to the public for the purpose of engaging in or
soliciting  any   a  lewd or lascivious or
 any   an  unlawful act.
   (e) Who lodges in  any   a  building,
structure, vehicle, or place, whether public or private, without the
permission of the owner or person entitled to the possession or in
control of it.
   (f) Who is found in  any   a  public
place under the influence of intoxicating liquor,  any
  a  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   a  drug,
controlled substance, toluene, or  any   a 
combination of  any  intoxicating liquor, drug, or
toluene, interferes with or obstructs or prevents the free use of
 any   a  street, sidewalk, or other public
way.
   (g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:

   (1)  Any   A  person who is under the
influence of  any   a  drug, or under the
combined influence of intoxicating liquor and  any
 a  drug.
   (2)  Any   A    person who a
peace officer has probable cause to believe has committed any felony,
or who has committed  any   a  misdemeanor
in addition to subdivision (f).
   (3)  Any   A  person who a peace officer
in good faith believes will attempt escape or will be unreasonably
difficult for medical personnel to control.
   (h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
   (i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of
 any   an  inhabited building or structure,
without visible or lawful business with the owner or occupant.
   (j) (1)  Any   A   person who
looks through a hole or opening, into, or otherwise views, by means
of any instrumentality, including, but not limited to, a periscope,
telescope, binoculars, camera, motion picture camera, camcorder, or
mobile phone, the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which the occupant has a reasonable expectation of
privacy, with the intent to invade the privacy of a person or persons
inside. This subdivision shall not apply to those areas of a private
business used to count currency or other negotiable instruments.
   (2)  Any   A  person who uses a
concealed camcorder, motion picture camera, or photographic camera of
any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person under or through the
clothing being worn by that other person, for the purpose of viewing
the body of, or the undergarments worn by, that other person, without
the consent or knowledge of that other person, with the intent to
arouse, appeal to, or gratify the lust, passions, or sexual desires
of that person and invade the privacy of that other person, under
circumstances in which the other person has a reasonable expectation
of privacy.
   (3) (A)  Any   A  person who uses a
concealed camcorder, motion picture camera, or photographic camera of
any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person who may be in a state
of full or partial undress, for the purpose of viewing the body of,
or the undergarments worn by, that other person, without the consent
or knowledge of that other person, in the interior of a bedroom,
bathroom, changing room, fitting room, dressing room, or tanning
booth, or the interior of any other area in which that other person
has a reasonable expectation of privacy, with the intent to invade
the privacy of that other person.
   (B) Neither of the following is a defense to the crime specified
in this paragraph:
   (i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
   (ii) The victim was not in a state of full or partial undress.
   (4) (A)  Any   A  person who photographs
or records by any means the image of the intimate body part or parts
of another identifiable person, under circumstances where the
parties agree or understand that the image shall remain private, and
the person subsequently distributes the image taken, with the intent
to cause serious emotional distress, and the depicted person suffers
serious emotional distress.
   (B) As used in this paragraph, intimate body part means any
portion of the genitals, and in the case of a female, also includes
any portion of the breasts below the top of the areola, that is
either uncovered or visible through less than fully opaque clothing.
   (C) Nothing in this subdivision precludes punishment under any
section of law providing for greater punishment.
   (k) In  any   an  accusatory pleading
charging a violation of subdivision (b), if the defendant has been
once previously convicted of a violation of that subdivision, the
previous conviction shall be charged in the accusatory pleading. If
the previous conviction is found to be true by the jury, upon a jury
trial, or by the court, upon a court trial, or is admitted by the
defendant, the defendant shall be imprisoned in a county jail for a
period of not less than 45 days and shall not be eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 45 days in a county jail. In all
cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for at
least 45 days. In no event does the court have the power to absolve
a person who violates this subdivision from the obligation of
spending at least 45 days in confinement in a county jail.
   In  any   an  accusatory pleading
charging a violation of subdivision (b), if the defendant has been
previously convicted two or more times of a violation of that
subdivision, each of these previous convictions shall be charged in
the accusatory pleading. If two or more of these previous convictions
are found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant, the
defendant shall be imprisoned in a county jail for a period of not
less than 90 days and shall not be eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 90 days in a county jail. In all cases in
which probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at least 90
days. In no event does the court have the power to absolve a person
who violates this subdivision from the obligation of spending at
least 90 days in confinement in a county jail.
   In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for  any   a  violation of
subdivision (b) that was committed within 1,000 feet of a private
residence and with the use of a vehicle. In lieu of the suspension,
the court may order a person's privilege to operate a motor vehicle
restricted, for not more than six months, to necessary travel to and
from the person's place of employment or education. If driving a
motor vehicle is necessary to perform the duties of the person's
employment, the court may also allow the person to drive in that
person's scope of employment.
   (l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
   (2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.