California Ends Loitering for Prostitution Law

Effective January 1, 2023, Senate Bill 357, the Safer Streets for All Act, went into effect eliminating from the law books the crime of loitering in a public place with the intent to commit prostitution in California. 

The new version of the law does not decriminalize soliciting or engaging in actual prostitution, however, it does eliminate the loitering offense that was in question. SB 357 repeals a provision of California law criminalizing “loitering with the intent to engage in prostitution.” This criminal provision — arrests for which are based on an officer’s subjective perception of whether a person is “acting like” or “looks like” they intend to engage in sex work — results in the disproportionate criminalization of trans, Black and Brown women, and perpetuates violence toward sex workers.

Senate Bill 357, authored by Out state Senator Scott Wiener (D-San Francisco)’s was signed into law by Governor Gavin Newsom last summer. Wiener explains, “As trans people are being criminalized across the country, Governor Gavin Newsom has once again shown that California stands with the LGBTQ community and communities of color. Everyone – no matter their race, gender or how they make a living – deserves to feel safe on our streets. Thank you, especially, to our coalition of former and current sex workers and LGBTQ advocates who made this day a reality. Your leadership is inspiring.” SB 357 is sponsored by a large coalition made up of former and current sex workers, LGTBQ groups like Equality California and Transgender Gender-variant and Intersex Justice Project (TGIJP), and civil rights groups like the ACLU. The Coalition to Abolish Slavery and Trafficking (CAST LA) is supporting the legislation.

Law enforcement can use a non-exhaustive list of circumstances to subjectively determine if someone “intends” to engage in sex work, including factors such as speaking with other pedestrians, being in an area where sex work has occurred before, wearing revealing clothing, or moving in a certain way. Because current law regarding loitering is highly subjective and vague, law enforcement officers disproportionately profile and target Black and Brown transgender women by stopping and arresting people for discriminatory and inappropriate reasons. This is how Black and Brown transgender women get arrested and cited for simply walking on the street. It also gives law enforcement the ability to more easily target and arrest sex workers.

If you feel you have been unfairly profiled by a police officer with the intent to engage in prostitution in California, it is important to take into consideration Senate Bill 357 and review the circumstances involved. If you've been charged in Fresno or anywhere else in the San Joaquin Valley with solicitation of a prostitute, the act of prostitution, pimping, or maintaining a location that provides prostitution, give the Mitchell Law Group, Inc. a call today at (559) 222-2424 and contact us at once for a free consultation. Mr. Mitchell and his staff have the criminal know-how to make sure you receive the best possible defense on any solicitation or prostitution charge.