Is It a Crime to Loiter for Prostitution in California?

The issue of prostitution remains a contentious and multifaceted topic of debate in the United States. This discussion influences ongoing legislative changes and varying laws across states. Some advocates argue for the decriminalization of prostitution and sex work, highlighting the importance of individual rights and bodily autonomy, while others express concerns about the potential for harm and exploitation of those involved.

In California, the legal landscape surrounding prostitution has evolved significantly. If you’re interested in understanding the specifics regarding loitering for prostitution in Oakland, California, continue reading to discover which prostitution-related activities remain illegal.

California’s Prostitution Laws: An Overview in 2023

In 2023, California took a significant step by enacting Senate Bill 357, which effectively decriminalized the act of loitering with the intent to engage in prostitution. To grasp the ramifications of this change, it’s crucial first to define what loitering for prostitution entails and identify the related offenses that continue to invoke legal repercussions in California.

Loitering for prostitution is defined as lingering in a public space with the intention of soliciting or engaging in prostitution. Prior to the passage of Senate Bill 357, individuals charged with this crime faced a range of penalties, including fines, probation, and incarceration.

This law was originally created as a means to deter prostitution and safeguard community welfare. However, critics have denounced it for enabling biased enforcement practices, which often led to unlawful detentions and the unjust targeting of marginalized groups, particularly women, as well as members of BIPOC and LGBTQIA+ communities.

Let’s delve deeper into the motivations behind Senate Bill 357, its implications since its implementation in January 2023, and how it reshapes California’s prostitution laws.

The Motivation Behind Senate Bill 357

Signed into law on July 1, 2022, by Governor Gavin Newsom, Senate Bill 357 initiated two significant changes concerning prostitution-related offenses:

1. It repealed Penal Code §653.22, which previously criminalized “Loitering for the Purpose of Engaging in a Prostitution Offense”.
2. It amended Penal Code §653.23, governing the offenses related to supervising or aiding in prostitution.

Although the legislation officially came into effect on January 1, 2023, police were barred from utilizing §653.22 for reasonable suspicion arrests immediately after the bill’s ratification in July 2022.

This bill, commonly referred to as the Safer Streets for All Act, emerged from a coalition including current and former sex workers and advocacy groups such as Equality California and the Transgender Gender-Variant and Intersex Justice Project (TGIJP), as well as the American Civil Liberties Union (ACLU) and the Coalition to Abolish Slavery and Trafficking (CAST LA).

As stated by the ACLU, “California’s law that criminalizes loitering with intent to commit prostitution provides law enforcement with a means to harass communities of color, particularly Black and trans individuals.” They further emphasized that the Safer Streets for All Act takes a meaningful step toward honoring sex workers’ dignity and humanity.

Current Legal Status of Prostitution in California

While Senate Bill 357 eliminated the offense of loitering for prostitution, it did not annul the crime of prostitution itself. This means that various forms of prostitution-related conduct continue to be prohibited under California law, necessitating awareness among residents to avoid facing severe legal consequences. Here are the prostitution-related activities that remain illegal in California in 2023:

Soliciting or Engaging in Lewd Conduct in Public

According to California Penal Code §647(a), it is illegal to engage in or solicit lewd conduct in any public area or space visible to the public. Lewd conduct is characterized by actions involving the touching of one’s own or another person’s genitals, buttocks, or female breasts, with the intent of sexual gratification or as a means of offending or annoying another.

To secure a conviction under §647(a) PC, the prosecuting party must establish:

1. The individual was either engaged in or solicited lewd or dissolute conduct (i.e., touching oneself or another’s private areas).
2. The action took place in a public setting or in spaces visible to the public.
3. The actor had the intention to sexually gratify themselves or someone else, or to annoy or offend another individual.

Importantly, simple exposure without lewd intentions may not qualify as lewd conduct, particularly when actions are conducted in private, such as at home or in hotel rooms.

Engaging in or Soliciting Prostitution

• Soliciting Prostitution – This pertains to the request for sexual services. It is illegal for both the party offering these services (the prostitute) and the party seeking to acquire them (the client).
• Agreeing to Engage in Prostitution – This involves making arrangements or accepting offers for sexual acts in exchange for compensation. Both the provider of services and the client are subject to legal action under this statute.
• Engaging in Prostitution – This defined act concerns the exchange of sexual services for money or valuables, where both parties may face legal charges.

Under Penal Code 647(b), a conviction for prostitution requires establishing that a person either solicited, agreed to engage in, or actively engaged in an act of prostitution with the intent to participate in the transaction.

Pimping: Understanding the Legal Implications

As outlined in Penal Code §266(h), “pimping” refers to the act of financially benefiting from another individual’s prostitution activities. A person can be charged with this serious offense for knowingly deriving support from the earnings or proceeds linked to someone else’s prostitution.

The prosecution must demonstrate the following key elements to prove pimping:

• The defendant willingly acknowledged the individual involved in prostitution.
• The defendant profited from the earnings or proceeds generated from that individual’s prostitution.
• The said earnings derived were a financial benefit supporting the defendant’s financial dealings.

Pimping, if proven, entails harsh penalties, including potential imprisonment, monetary fines, and asset forfeiture connected to the crime.

Pandering and Its Legal Ramifications

Defined under California Penal Code §266(i), “pandering” pertains to actions regarding procuring another individual for sex work, or persuading or coercing someone into prostitution.

To achieve a conviction for pandering, the prosecution must establish that the defendant:

• Prompted, persuaded, or encouraged another person to engage in prostitution.
• Facilitated, caused, or aided someone to succumb to or persist in prostitution.
• Engaged these reeled actions with intent associated with such activity.

Effective Legal Representation in Oakland, California

At the Law Offices of Nabiel C. Ahmed, we provide fierce representation to those accused of crimes in Oakland and the wider Bay Area. Our experienced attorney boasts over a decade of battle-tested practice in criminal defense, with thousands of successful cases under his belt.

We understand the far-reaching and devastating implications of criminal convictions and work relentlessly to protect your rights. Whether you are facing charges related to domestic violence, DUIs, or prostitutive offenses, our specialty is in employing strategies to help mitigate or dismiss the accusations against you.

If you or someone you know is facing criminal charges in California, it’s vital to seek skilled legal help promptly. Connect with our office today to learn more about how we can facilitate safeguarding your freedom and rights throughout the legal process.

For professional legal representation from a leading criminal defense attorney in Oakland, reach out to the Law Offices of Nabiel C. Ahmed. Call (510) 576-5544 to schedule your consultation today.