647.
Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) subdivisions (b), (k), and (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:(a) An individual who Who solicits anyone to engage in or who engages in lewd or dissolute conduct in a any public place or in a any place open to the public or exposed to public view.
(b) (1) An individual who solicits, Who solicits or who agrees to engage in, in or who engages in, an in any act of prostitution with the intent to receive compensation, money, or anything of value in exchange for his or her receipt of money or other consideration from another person. An individual For purposes of this subdivision, a person agrees to engage in an act of prostitution when, with specific intent to so engage, the individual he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. prostitution. For purposes of this subdivision, an agreement to engage in an act of prostitution in exchange for the receipt or payment of, or offer to pay, money or other consideration does not constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act.
(2) An individual who solicits, or who agrees to engage in, or who engages in, an act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, an act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4) (2) A (A) manifestation of acceptance of an offer or solicitation Who solicits or who agrees to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the or who engages in any act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for in exchange for his or her payment, or offer to pay, another person money or other consideration.
(B) A violation of this paragraph is punishable as follows:
(i) Confinement in a county jail for a minimum of 48 hours and a maximum of six months, and a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000).
(ii) Confinement in the state prison for 16 months, or two or three years, and a fine of not less than one thousand dollars ($1,000) and not more than twenty-five thousand dollars ($25,000) if the other person is a minor who is 16 years of age or older.
(iii) Confinement in the state prison for 16 months, or two or three years, a fine of not less than one thousand dollars ($1,000) and not more than twenty-five thousand dollars ($25,000), and registration as a sex offender pursuant to Section 290 if the other person is a minor who is 15 years of age or younger.
(C) For purposes of this paragraph, “minor” means a person who is 17 years of age or younger.
(D) Neither of the following is a defense to a violation of this paragraph:
(i) Consent of the other person who the defendant pays, or offers to pay, money or other consideration.
(5) (ii) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive Mistake of fact as to the age of the other person at the time the defendant pays, or offers to pay, money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met. consideration.
(E) This paragraph does not prohibit prosecution of a defendant under any other applicable law.
(c) Who accosts other persons in a any public place or in a any place open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about a any toilet open to the public for the purpose of engaging in or soliciting a any lewd or lascivious or an any unlawful act.
(e) Who lodges in a any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
(f) Who is found in a any public place under the influence of intoxicating liquor, a any drug, controlled substance, toluene, or a any combination of an any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are he or she is unable to exercise care for their his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or a any combination of an any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a any street, sidewalk, or other public way.
(g) If When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause the person him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect which would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does shall not apply to the following persons:
(1) A Any person who is under the influence of a drug any drug, or under the combined influence of intoxicating liquor and a any drug.
(2) A Any person who a peace officer has probable cause to believe has committed a any felony, or who has committed a any misdemeanor in addition to subdivision (f).
(3) A Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “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.
(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j) (1) A Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does shall not apply to those areas of a private business used to count currency or other negotiable instruments.
(2) A Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.
(3) (A) A Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) (i) Any A person who intentionally distributes or causes to be distributed photographs or records by any means the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress.
(I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.
(II) The person depicted suffers serious emotional distress.
(III) One of the following has occurred:
(ia) The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.
(ib) The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.
(ic) The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.
(ii) A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(B) (i) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii) A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C) As used in this paragraph, the following terms have the following meanings:
(i) “Distribute” includes exhibiting in public or giving possession.
(ii) “Identifiable” has the same meaning as in paragraphs (2) and (3).
(iii) (B) “Intimate body part” As used in this paragraph, intimate body part means any portion of the genitals, the anus and, and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through less than fully opaque clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.
(iv) The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5) (C) This subdivision does not preclude Nothing in this subdivision precludes punishment under any section of law providing for greater punishment.
(6) (k) A (1) (A) defendant shall not be punished for both In any accusatory pleading charging a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654. (1) of subdivision (b), if the defendant has been once previously convicted of a violation of that paragraph, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
(B) In any accusatory pleading charging a violation of clause (i) of subparagraph (A) of paragraph (2) of subdivision (b), if the defendant has been once previously convicted of a violation of that clause or paragraph (1) of subdivision (b), the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and not more than one year.
(C) In any accusatory pleading charging a violation of clause (i) of subparagraph (A) of paragraph (2) of subdivision (b), if the defendant has been once previously convicted of a violation of clause (ii) or (iii) of that subparagraph, or if the defendant has been twice previously convicted of another violation of subdivision (b), the previous conviction or convictions shall be charged in the accusatory pleading. If the previous conviction or convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in the state prison for a period of 16 months, or two or three years, and the defendant shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than twenty-five thousand dollars ($25,000).
(k) (2) (1) (A) Except as provided in paragraph (3), a second or subsequent violation of subdivision (j) is punishable by imprisonment In any accusatory pleading charging a violation of paragraph (1) of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that paragraph, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
(2) (B) Except as provided in paragraph (3), if the victim In any accusatory pleading charging a violation of clause (ii) or (iii) of subparagraph (A) of paragraph (2) of subdivision (b), if the defendant has been once previously convicted of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or (b), the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in the state prison for a period of three, four, or six years, and the defendant shall be punished by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. of not less than one thousand dollars ($1,000) and not more than twenty-five thousand dollars ($25,000).
(3) If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense. In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment.
(l) (1) (A) A If a crime is committed in second or subsequent violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is (j) is punishable by imprisonment in a county jail for not less than two days and not more than not exceeding one year, or by a fine not exceeding ten two thousand dollars ($10,000), ($2,000), or by both that fine and imprisonment, except as provided in paragraph (2). imprisonment.
(B) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this paragraph. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.
(2) (A) If the solicited minor was under 16 years of age victim of a violation of subdivision (j) was a minor at the time of the offense, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking under Section 236.1, the violation is punishable by either of the following: the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(i) Imprisonment in the county jail not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).
(ii) Imprisonment pursuant to subdivision (h) of Section 1170.
(B) A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.