AB 2749

Crimes: loitering

This bill makes it harder for police to arrest and prosecutors to charge people who are lingering in an area to buy sex, by requiring stronger, more direct proof of their intent. In practice, this could make it very difficult to hold sex buyers legally accountable for loitering.

Existing law makes it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. Under existing law, intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution, as specified. This bill would instead provide that a person is guilty of the above-described crime only if they take a direct but ineffectual act that goes beyond planning or preparation towards commission of the crime that indicates a definite and unambiguous intent to purchase commercial sex. The bill would not require the act to be a completed communication.