By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

Law Against Loitering for the Purpose of Engaging in a Prostitution Offense Repealed (653.20 / 653.22 P.C.)

Governor Newsome signed AB 357 which will repeal California’s misdemeanor statute for loitering for the purpose of engaging in a prostitution (647(b) P.C.) offense. The repeal is effective 1/1/23. The legislation was supported by a number of groups that advocated the law disproportionately discriminated against women and the LGBTQ community, many of whom are black and brown. Opponents said the repeal would impact law enforcement’s ability to enforce human trafficking, especially with protecting vulnerable, young girls.

Though the law remains valid for the next few months, please examine your department policy for continued enforcement in light of the demise of this stature. This change may impact the District Attorney’s decision to file a criminal complaint feeling the statute is no longer “system efficient” enough to spend the Office’s time and resources on.

Good time to review California statutes where loitering is still a crime:

11532(a) H&S – Loitering for the Purpose of Committing a Drug Offense (buying, selling, transporting) – Misdemeanor. Good statute to use for lookouts, those signaling, beckoning, using language, stopping persons, or approaching vehicles for the purpose of soliciting the purchase of illegal drugs.

653b P.C. – Loitering on School Grounds or any Public Place Where Children Congregate (park, playground, pool, day care center) Without Lawful Purpose and with the Intent to Commit a Crime – Misdemeanor.

This statute also applies to re-entering the area within 72 hours after being asked to leave by a designated official.

647(h) P.C. – Loitering or Prowling on Someone’s Private Property Without Lawful Business with the Owner/Occupant with the Intent to Commit a Crime – Misdemeanor.

647(i) P.C. – Peeking Through a Window or Door of a Home or Inhabited Dwelling While Loitering, Prowling, or Wandering on the Private Property of Another Without Lawful Business with the Owner / Occupant– Misdemeanor.

303a P.C. – Loitering In or About a Place Where Alcoholic Beverages Are Sold or Consumed for the Purpose of Begging or Soliciting any Patron, Customer, or Visitor to Purchase an Alcoholic Beverage – Misdemeanor.

The corpus wording “for the purpose” or “with intent” involves proving premeditation or aforethought in the same way you would have with murder or burglary. These are not a “general intent” crimes of just being present, rather “specific intent” crimes of being present for the purpose of committing a crime. So evidence gathering for proof purposes is a bigger job for these misdemeanors than with most of the “general intent” misdemeanors we encounter.

Stay Safe!

RH