New CA law removes crime of loitering to commit prostitution

Roxanne is used to being harassed by the police.

A trans woman, Roxanne – who uses only her first name – is an attorney. She owns two homes in San Jose about a mile apart and regularly walks from one to the other.

Years ago, while exercising, she was arrested across the street from one of her homes, she said.

“I was like, ‘What are you arresting me for?’” she said. “They said, ‘You know.’”

Senate Bill 357 becomes effective Jan. 1. It eliminates from the law books the crime of loitering in a public place with the intent to commit prostitution.

It was the next day when she learned the charge – solicitation.

Roxanne argues that being a trans woman and her appearance make her a target of law enforcement.

“All I’m doing is walking down the street from one house to another,” she said.

State Sen. Scott Wiener, who penned a bill addressing solicitation, hopes that changes.

Senate Bill 357 becomes effective Jan. 1. It eliminates from the law books the crime of loitering in a public place with the intent to commit prostitution, known as section 653.22 in California code.

Wiener (D-San Francisco) called the existing law a method of profiling people, including trans woman, trans people of color and women of color.

“You don’t have to do anything,” he said. “Police can arrest someone for how they dress, how high their heels are.”

SB 357 isn’t Wiener’s first bill targeting laws that often affect sex workers. In 2019, Gov. Gavin Newsom signed SB 233 into law. That stopped law enforcement from using the possession of condoms as probable cause when making a prostitution arrest. It also meant a victim or witness to a serious felony can’t be prosecuted for certain crimes connected to sex work when reporting a crime.

“She’s just walking on her street, just walking to her house.”  — Maxine Doogan

“I’ve done a lot of work to try to make life safer or less dangerous for sex workers,” Wiener said.

‘It’s hugely important’
Someone arrested for prostitution carries that mark with them, Maxine Doogan said.

Doogan, president of the Erotic Service Provider Legal, Educational and Research Project, said law enforcement will use a previous prostitution arrest as a reason to stop someone for walking down the street or sitting at a bus stop – exactly what Roxanne said happened to her.

“She’s just walking on her street, just walking to her house,” Doogan said. “This law was just being used to racially profile or gender profile people the police just didn’t like.”

According to Doogan, every city has a spot where street-based sex workers congregate. However, people who live in that area potentially can face issues for simply walking to their car.

“It’s hugely important,” said Kristen DiAngelo, executive director of the Sex Workers Outreach Project Sacramento, of SB 357. “Historically, that has been used to target people in the state of California, people of color, transgender people.”

Sacramento police made a handful of arrests on the charge from 2017 to 2021, records show.

DiAngelo echoed Doogan’s argument, saying that once someone is cited for loitering with the intent to commit prostitution, more citations will follow because that person is then known by authorities.

Sacramento police made a handful of arrests on the charge from 2017 to 2021, records show.

Eleven such arrests were made in 2017; seven in 2018; 19 in 2019; three in 2020; and 10 in 2021.

“The Sacramento Police Department remains dedicated to combating human trafficking in our community,” said Officer Chad Lewis in an email when asked for comment on SB 357. “As part of these efforts, the department will continue to conduct directed enforcement as well as work with our community partners to provide harm reduction to those affected by human trafficking.”

Next steps
The passage of SB 357 is the latest win for sex workers in a series of victories.

In 2013, sex workers secured a change in the state fund for victims compensation. Sex workers who are raped or beaten can now receive compensation in California from that fund.

“Sometimes, the only thing they have is their body,” she said. “We’ve got to protect them.” — Kristen DiAngelo

Three years later, a new law stopped law enforcement from charging people younger than 18 with prostitution.

“That was seismic, that law,” DiAngelo said.

Then came Wiener’s 2019 law concerning condoms and probable cause, followed by this year’s SB 357.

For DiAngelo, the end goal is to make the environment for sex workers the safest it can be for the most people, especially those with the least amount of resources.

“Sometimes, the only thing they have is their body,” she said. “We’ve got to protect them.”

That end goal includes decriminalization of prostitution, long sought after by sex workers.

Doogan said her group was working on its policy agenda. The biggest item on the list: removing section 6547b from the California code – solicitation for, and engaging in, prostitution.

Wiener, who said he supports decriminalization, has no immediate plans to introduce legislation on the issue.

“I would like to see that happen,” he said, adding moments later, “That’s a very hard bill, politically.”