2009 California Penal Code - Section 653.20-653.28 :: Chapter 2.5. Loitering For The Purpose Of Engaging In A Prostitution Offense

PENAL CODE
SECTION 653.20-653.28

653.20.  For purposes of this chapter, the following definitions
apply:
   (a) "Commit prostitution" means to engage in sexual conduct for
money or other consideration, but does not include sexual conduct
engaged in as a part of any stage performance, play, or other
entertainment open to the public.
   (b) "Public place" means an area open to the public, or an alley,
plaza, park, driveway, or parking lot, or an automobile, whether
moving or not, or a building open to the general public, including
one which serves food or drink, or provides entertainment, or the
doorways and entrances to a building or dwelling, or the grounds
enclosing a building or dwelling.
   (c) "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.

653.22.  (a) It is unlawful for any person to loiter in any public
place with the intent to commit prostitution. This intent is
evidenced by acting in a manner and under circumstances which openly
demonstrate the purpose of inducing, enticing, or soliciting
prostitution, or procuring another to commit prostitution.
   (b) Among the circumstances that may be considered in determining
whether a person loiters with the intent to commit prostitution are
that the person:
   (1) Repeatedly beckons to, stops, engages in conversations with,
or attempts to stop or engage in conversations with passersby,
indicative of soliciting for prostitution.
   (2) Repeatedly stops or attempts to stop motor vehicles by hailing
the drivers, waving arms, or making any other bodily gestures, or
engages or attempts to engage the drivers or passengers of the motor
vehicles in conversation, indicative of soliciting for prostitution.
   (3) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, or any other offense relating to or involving
prostitution, within five years of the arrest under this section.
   (4) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists, indicative of soliciting for prostitution.
   (5) Has engaged, within six months prior to the arrest under this
section, in any behavior described in this subdivision, with the
exception of paragraph (3), or in any other behavior indicative of
prostitution activity.
   (c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances may
be considered in determining whether a person has the requisite
intent. Moreover, no one circumstance or combination of circumstances
is in itself determinative of intent. Intent must be determined
based on an evaluation of the particular circumstances of each case.

653.23.  (a) It is unlawful for any 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 or
subdivision (a) of Section 653.22.
   (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) Among the circumstances that may be considered in determining
whether a person is in violation of subdivision (a) are that the
person does the following:
   (1) Repeatedly speaks or communicates with another person who is
acting in violation of subdivision (a) of Section 653.22.
   (2) Repeatedly or continuously monitors or watches another person
who is acting in violation of subdivision (a) of Section 653.22.
   (3) Repeatedly engages or attempts to engage in conversation with
pedestrians or motorists to solicit, arrange, or facilitate an act of
prostitution between the pedestrians or motorists and another person
who is acting in violation of subdivision (a) of Section 653.22.
   (4) Repeatedly stops or attempts to stop pedestrians or motorists
to solicit, arrange, or facilitate an act of prostitution between
pedestrians or motorists and another person who is acting in
violation of subdivision (a) of Section 653.22.
   (5) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists to solicit, arrange, or facilitate an act of prostitution
between the pedestrians or motorists and another person who is acting
in violation of subdivision (a) of Section 653.22.
   (6) Receives or appears to receive money from another person who
is acting in violation of subdivision (a) of Section 653.22.
   (7) Engages in any of the behavior described in paragraphs (1) to
(6), inclusive, in regard to or on behalf of two or more persons who
are in violation of subdivision (a) of Section 653.22.
   (8) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, subdivision (a) of Section 653.22, Section
266h, or 266i, or any other offense relating to or involving
prostitution within five years of the arrest under this section.
   (9) Has engaged, within six months prior to the arrest under
subdivision (a), in any behavior described in this subdivision, with
the exception of paragraph (8), or in any other behavior indicative
of prostitution activity.
   (c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances may
be considered. Moreover, no one circumstance or combination of
circumstances is in itself determinative. A violation of subdivision
(a) shall be determined based on an evaluation of the particular
circumstances of each case.
   (d) 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.  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.

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

653.28.  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.



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