Chapter 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense

California Penal Code — §§ 653.23-653.29

Sections (6)

Amended by Stats. 2022, Ch. 86, Sec. 5. (SB 357) Effective January 1, 2023.

(a)It is unlawful for a person to do either of the following:

(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647.

(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.

(b)Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this

section in conjunction with a violation of Section 266h or 266i or any other offense.

§ 653.24

Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.

If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion of the chapter.

§ 653.25

Added by Stats. 2025, Ch. 82, Sec. 6. (AB 379) Effective January 1, 2026.

(a)It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex.

(b)A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000).

Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund.

§ 653.26

Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.

A violation of any provision of this chapter is a misdemeanor.

§ 653.28

Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.

Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local governing body from adopting and enforcing laws consistent with these chapters relating to prostitution or prostitution-related activity. Where local laws duplicate or supplement this chapter or Chapter 2 (commencing with Section 639), these chapters shall be construed as providing alternative remedies and not to preempt the field.

§ 653.29

Amended by Stats. 2023, Ch. 131, Sec. 150. (AB 1754) Effective January 1, 2024.

(a)(1) A person currently serving a sentence for a conviction of violating former Section 653.22, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in the case to request resentencing or dismissal, and sealing, as applicable.

(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is

legally invalid and shall seal the conviction as legally invalid.

(b)(1) A person who has completed their sentence for a conviction of violating former Section 653.22, whether by trial or open or negotiated plea, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid.

(2)The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid.

(c)Unless requested by the applicant, no

hearing is necessary to grant or deny an application filed under subdivision (b).

(d)If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.

(e)Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.

(f)The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.