AB 1718

Bill Subjects

Abstract

Existing law provides that a person is guilty of disorderly conduct, a misdemeanor, when a person solicits or agrees to engage in or engages in any act of prostitution, as defined. Existing law imposes certain additional requirements on an accusatory pleading charging a violation of those provisions, and provides for certain enhanced penalties for violations of those provisions, if the defendant has been previously convicted of a violating those provisions. This bill would instead provide that a person who solicits or who agrees to engage in or who engages in any act of prostitution in exchange for his or her receipt of money or other consideration from another person is guilty of disorderly conduct, a misdemeanor. The bill would also provide that a person who solicits or who agrees to engage in or who engages in any act of prostitution in exchange for his or her payment, or offer to pay, another person money or other consideration, is guilty of disorderly conduct. The bill would make that offense punishable by confinement in a county jail for a minimum of 48 hours and a maximum of 6 months, and by a fine of not less than $1,000 and not more than $10,000. If the other person is a minor, as defined, 16 years of age or older, the bill would make that offense punishable by confinement in the state prison for 16 months, or 2 or 3 years, and by a fine of not less than $1,000 and not more than $25,000. If the other person is a minor, as defined, 16 years of age or younger, the bill would make that offense punishable by confinement in the state prison for 16 months, or 2 or 3 years, by a fine of not less than $1,000 and not more than $25,000, and by requiring the defendant to register as a sex offender. The bill would also impose additional requirements on an accusatory pleading charging a violation of its provisions, and require certain enhanced penalties for multiple convictions of violations of its provisions or certain existing provisions of law. By creating new crimes and increasing the obligations of county jail facilities, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.