Q: Senate Bill 357 is scheduled to go to Gov. Gavin Newsom’s desk in January. The bill would decriminalize loitering with the intent to work as a prostitute. Proponents of the bill claim the loitering law targets minorities. Opponents say this is simply one step toward legalizing prostitution. As of now, is prostitution illegal in California?
I.J., Los Angeles
A: Prostitution means willfully engaging in sexual intercourse, or a lewd act, with another in exchange for money or something else of value.
A law went into effect in California last year that protects the rights of sex workers (see the explanation below), but it did not legalize the act of paying for sex.
Conviction for prostitution in California carries up to six months in jail, and $1,000 in fines. Note the payment made by the “customer” does not have to be made to the person performing the sex act (it may be to a third person, such as a pimp). Also, prostitution is a priorable offense. As such, a subsequent offense carries higher penalties (eg., mandatory minimums of 45 days in county jail for a second offense, and 90 days for a third or subsequent offense).
The outcome of the bill you reference (California Senate Bill 347, which affects how loitering will be treated) is scheduled to be before Gov. Newsom for signature in January. It has passed both houses, but is temporarily held in the Senate for more comment, so that when it is before the governor, he will have additional thoughts as to why he should sign or not.
Those supporting the bill indicate law enforcement uses subjective factors under the loitering statute to arrest someone they think may be working as a prostitute, and thus certain kinds of persons invariably are the focus (and discriminated against). Opponents argue the bill is a step toward not only legalizing prostitution, but making it easier for women to be exploited by sex traffickers.
If it is signed by the governor (not something I can predict at this time), expect challenges in court.
New Law
Last year, a new law went into effect. It has two basic functions: (a) At times, during the act of prostitution, a crime occurs and is witnessed by the prostitute; on some occasions the prostitute is the victim. Now, if such person reports certain kinds of criminal charges, even though doing so implicates him or her in the crime of prostitution, there is immunity from prosecution. These reportable crimes include a serious felony, serious types of assault, and assault with a firearm. In addition, the new law provides that finding a condom or condoms on a person is no longer available to support “probable cause” to arrest the individual for public nuisance, or for soliciting or engaging in lewd conduct or prostitution, or for loitering to commit prostitution.
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at ronsesq@gmail.com.
