Today's Law As Amended

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AB-1491 Prostitution.(2015-2016)



SECTION 1.

 Section 653.23 of the Penal Code is amended to read:

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 (b) of Section 647 or subdivision  (a) of Section 653.22.
(2) Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or 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 (b) of Section 647 or subdivision  (a) of Section 653.22.
(7) Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to to,  or on behalf of 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.
(e) If a person is guilty of supervising a prostitute while being an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, a violation of subdivision (a) shall be punished by imprisonment in a county jail not to exceed one year, or imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. A person who is guilty of supervising a prostitute while being an active participant in a criminal street gang shall register as a gang member pursuant to Section 186.30.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.