Sec 635.22 of the California Penal Code defines this crime as the act of lingering on public property without a lawful purpose. This crime inherently prevents the crime of prostitution from occurring and is often levied on individuals who may have the intent on such a crime.
The penalties imposable for this crime include:
• Service of prison time;
• Service of probation;
• Payment of fines and other fees;
• Mandatory HIV/AIDS testing;
• Mandatory community service;
• Mandatory registration as a sex offender under Sec 290 of the California Penal Code;
This crime is considered as a wobbler, that is, can be prosecuted either as a felony or misdemeanor. This depends on the criminal history of the accused, particularly prior convictions or current service of probation or parole.
When an actual act of prostitution is charged, this crime is effectively subsumed under the heavier crime. The following are the crimes often associated with loitering with intent on prostitution:
• Sec 647(b) of the California Penal Code or solicitation. This crime is the act of directing or asking someone for money, benefits or some other value in exchange for sex;
• Sec 653.20(a) of the California Penal Code or Prostitution. This crime is the act of exchanging sexual activity for money;
• Sec 266(i) of the California Penal Code or Pandering. This crime is most often associated with a “pimp” or “madam” and the crime involves recruitment of prostitutes for hire and/or soliciting customers for a prostitute;
The commission of the crime of loitering with intent on prostitution is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.