Penal Code 653.22 makes it illegal to loiter in any public place to engage in prostitution. A public place includes, but is not limited to, areas near schools, churches, and public parks. A conviction under PC 653.22 can have long-term implications for your future, including difficulty obtaining employment or housing. At Darwish Law, we specialize in sex crime defense, including loitering to commit prostitution in Santa Ana, California. Our experienced attorneys understand the complexities of these cases and can build a strong defense on your behalf.
What Constitutes Loitering to Engage Prostitution?
Loitering with the intent to engage in prostitution is a criminal offense in California. It is defined as the act of remaining in a certain area to solicit prostitution or engage in any other lewd act. The crime is typically charged as a misdemeanor, with penalties that include jail time, fines, and other court costs. In California, there are a few key elements that must be met for a person to be charged with loitering to engage in prostitution. The person must:
Remain in Public for Some Time
The amount of time required to constitute loitering with the intent to engage in prostitution depends on the circumstances of the case. Generally, if a person is out in public for more than a few minutes and is behaving in a manner that suggests they are looking for someone to engage in prostitution, then they may be charged with this offense.
Be Aware of the fact that they are Engaging in or Soliciting Prostitution
For a person to be convicted of loitering with the intent to engage in prostitution, they must be aware that what they are doing is illegal. This means that they must be aware that they are engaging in or soliciting prostitution.
Make an Overt Solicitation
A person can face charges under penal code 653.22 even if they do not directly ask someone to engage in prostitution. An overt solicitation can include body language, such as hand gestures, that are suggestive of solicitation.
If a person is found to have been loitering with the intent to engage in prostitution, they can face charges of either a misdemeanor or a felony, depending on the severity of the offense.
How Can Prosecution Prove that You Intended to Engage in Prostitution?
Prostitution is illegal in many countries and jurisdictions around the world. As such, the prosecution must prove that you intended to engage in prostitution for a conviction to be secured. This can be a difficult task for the prosecution, as there are often no physical signs that can be used to demonstrate your intention to take part in a prostitutional act. However, there are certain methods the prosecution can use to prove that you intended to take part in prostitution.
One of the most obvious ways for the prosecution to prove you intend is to have witnesses who can testify that you were attempting to solicit a prostitute. This can include conversations, attempts to make contact with a prostitute, or any other evidence that may suggest your intent. Additionally, the prosecution may use surveillance footage or other evidence to demonstrate your intent.
The prosecution may also try to use circumstantial evidence to prove your intention. This can include items found in your possession or at the scene that may suggest that prostitution was intended. For example, if the prosecution can prove that you owned condoms or money in your possession, it could be used as circumstantial evidence that you were intending to engage in prostitution.
The prosecution may also attempt to prove your intention by looking at your past criminal record. If you have been previously convicted of prostitution or associated offenses, this could be used as evidence that you intended to take part in prostitution again. Additionally, if you have been previously accused of soliciting a prostitute or engaging in similar activities, the prosecution may use this as evidence to prove your intention.
Finally, the prosecution may use your statements against you to prove your intention. If you have been accused of intending to engage in prostitution, the prosecution may use your own words to demonstrate your intent. For example, if you make a statement that implies that you were intending to take part in prostitution, the prosecution may use this as evidence.
Loitering to Commit Prostitution Penalties in California
Loitering with the intent to engage in prostitution is a criminal act in the state of California and carries a range of penalties for those convicted of the crime. The offense is defined as remaining in any public place to take part in prostitution. This includes areas near schools, parks, public buildings, and other areas where there is a high concentration of people.
The penalties for loitering to engage in prostitution are determined by the severity of the crime and the criminal record of the offender. Generally, those convicted of the offense will face a fine of up to $1,000, up to six months in jail, and/or probation. However, in more serious cases, the penalties can be much more severe.
If the offender has prior convictions for prostitution or loitering with the intent to engage in prostitution, the penalties can be enhanced. In these cases, the offender may face a maximum of one year in jail, up to $2,000 in fines, and/or probation. Additionally, the offender may have to register as a sex offender, which carries long-term consequences.
In addition to the criminal penalties, those convicted under PC 653.22 could also face civil penalties. This includes having to pay restitution to the victim of the crime, if applicable. The restitution could include reimbursement for medical expenses, counseling expenses, and lost wages.
The state of California has also implemented several special programs to help those convicted of loitering with the intent to engage in prostitution. These programs provide education and counseling services to offenders to help them avoid future criminal activity. Additionally, some courts offer diversion programs, which allow offenders to avoid jail time by participating in community service or counseling.
Defenses Against Loitering to Commit Prostitution
Loitering to engage in prostitution is a crime that is often seen in many cities, and it can be difficult to address. Fortunately, there are several defenses to loitering with the intent to engage in prostitution that can be used in court. These defenses can help prevent a conviction and protect the rights of the accused.
One of the most common defenses is that the individual was engaging in legitimate business activities. For example, if someone is asking someone else for directions or making a phone call, they could argue that they were not loitering but rather engaging in a legitimate activity. This defense has been successful in many cases, but it is important to remember that it may not be enough to prevent a conviction.
Another defense that can be used is that the individual did not have the intention of committing prostitution. This is an important point to make in court, as it can show that the individual was not engaging in criminal behavior but instead was simply in the area for legitimate reasons. To prove this defense, an individual can show that they had no intent to engage in prostitution and that they were simply in the area for a legitimate reason.
Another defense to loitering to commit prostitution is entrapment. This occurs when police or other law enforcement officials entice an individual to commit a crime they would not have committed otherwise. This defense can be difficult to prove, but if it is successful it can prevent a conviction.
Finally, an individual can argue that they were a victim of mistaken identity. This defense is often used in cases of loitering to commit prostitution, as it can be difficult to identify an individual in a crowded area. If the defense is successful, the individual can avoid conviction.
Loitering to Engage in Prostitution and S.B. 1322
In response to the criminalization of prostitution, the California legislature passed Senate Bill 1322 in 2016. This bill decriminalizes prostitution for minors, meaning that minors cannot be arrested or charged with a crime for engaging in prostitution acts. However, the bill did not decriminalize loitering to engage in prostitution.
While Senate Bill 1322 was an important step toward protecting minors, it has had the unintended consequence of making it harder to prove to loiter to engage in prostitution. The main reason being the bill makes it difficult to establish the intent of minors to take part in prostitution simply because they are present in public. Without the ability to prove a minor's intent to engage in prostitution, it can be difficult to prove loitering to engage in prostitution charges. The relationship between loitering to engage in prostitution and Senate Bill 1322 is complex.
On the one hand, Senate Bill 1322 is important for protecting minors from criminalization for taking part in prostitution. On the other hand, it has made it harder for law enforcement to prove cases of loitering to engage in prostitution. As a result, it is important for police officers to understand the nuances of loitering to engage in prostitution and Senate Bill 1322 to effectively investigate and prosecute cases involving minors and loitering to engage in prostitution.
Offense Related to Loitering to Commit Prostitution
In California, some crimes are charged alongside or instead of Loitering To Commit Prostitution. These offenses include:
Prostitution and Solicitation of Prostitution
Prostitution and solicitation of prostitution in California are illegal under California Penal Code 647. Prostitution is defined as engaging in sexual activity in exchange for money or other forms of compensation. The act of soliciting prostitution is also illegal and is defined as requesting, encouraging, or otherwise inducing another individual to engage in prostitution.
In California, those found guilty of prostitution or solicitation of prostitution can be charged with a misdemeanor and receive a sentence of up to six months, maximum fines of $1000, or both. If the individual has a prior conviction for prostitution or solicitation of prostitution, the penalty may be increased.
Prostitution is a serious issue in California. It is linked to the spread of sexually transmitted diseases, human trafficking, loitering to commit prostitution, and other crimes. Additionally, the majority of people involved in prostitution in California are female and are often victims of exploitation and abuse.
Lewd Conduct in Public in California
Lewd conduct in public is a serious criminal offense in the state of California. The law defines lewd conduct as any type of sexual activity or indecent exposure that is performed in a public place. This can include any kind of sexual conduct, such as touching, fondling, and sexual intercourse, as well as indecent exposure, which is defined as the intentional exposure of one’s genitals in a public place.
California PC 647(a) defines lewd conduct as “lewd or dissolute conduct in any public place or any place open to the public or exposed to public view.” This means that even if someone is in a private place, such as a hotel room, but the room is visible to the public, the person can be charged with lewd conduct.
The penalties for lewd conduct in California are severe. If convicted of lewd conduct, a person can be detained for six months in jail and a $1,000 fine. Additionally, the person may have to register as a sex offender, which could have long-lasting effects on their life.
In addition to criminal penalties, a person convicted of lewd conduct in California can also face civil penalties. This means that a person can be sued by the victim for damages, such as pain and suffering, humiliation, and emotional distress.
Loitering to Solicit the Purchase of Alcohol
In California, it is unlawful to loiter in a public place to solicit the purchase of alcohol. This includes soliciting customers, offering to sell alcohol, or otherwise engaging in activities that could lead to the sale of alcohol. Violating this law can result in fines, jail time, and other penalties.
California has a zero-tolerance policy when it comes to loitering in public to solicit the purchase of alcohol. This policy is intended to discourage individuals from engaging in this activity and to protect the public from potential harm caused by excessive alcohol consumption.
Loitering to solicit the purchase of alcohol is a misdemeanor offense in California. Those who violate this law can face six months of detainment and/or a maximum fine of $1,000. Additionally, the court may prohibit the violator from entering any place where alcohol is sold or consumed for some time. In addition to legal penalties, those who are caught loitering to solicit the purchase of alcohol may face other consequences. For instance, the violator’s driver’s license may be suspended for up to one year, and the violator may be ineligible for certain types of employment.
Living off the Earnings of Prostitution in California
Prostitution is a controversial but legal activity in California, with many people earning a living from it. In California, it is legal for consenting adults to exchange money for sexual services. However, those involved in the business of prostitution must be aware of the legal ramifications of their activities, as profiting from the earnings of prostitution is a crime.
Under California PC 647(b), it is illegal for a person to live or derive support or maintenance from the earnings of a prostitute. This means that individuals are prohibited from profiting from someone else’s prostitution activities. Violation of this law is a misdemeanor that carries six months imprisonment, a $1,000 fine, or both.
It is important to note that this law applies to any person who is benefiting from the earnings of prostitution, not just the prostitute themselves. In addition to the criminal consequences, those found guilty of living off the earnings of prostitution may also face civil penalties, such as a permanent injunction barring them from engaging in any activities related to prostitution. This injunction may include a prohibition on owning, managing, or operating any business related to prostitution.
Can a Conviction for Loitering to Commit Prostitution to be Expunged?
Loitering to commit prostitution is a criminal offense in California and is punishable by law. However, like any other crime, it can be expunged under certain conditions. Expungement is a legal process that involves the removal of a criminal conviction from a person's record. This means that the crime will no longer appear on a person's criminal record, making it easier for them to find employment and housing.
Once all of the terms of the sentence have been completed, the person can then file a petition for expungement with the court. This will involve submitting paperwork, such as a criminal background check, to the court to demonstrate that all of the terms of the sentence have been satisfied. The court will then review the petition and decide if it should be granted.
Find a Criminal Defense Attorney Near Me
If you are facing charges of loitering to commit prostitution, you should consult with an experienced criminal defense attorney as soon as possible. Darwish Law is a criminal defense firm in Santa Ana, California defending against all types of sex crimes, including loitering to commit prostitution. Our lawyers have the experience and knowledge needed to protect your rights and work towards the best possible outcome. Contact us today at 714-887-4810.