Prostitution.

Existing law makes it a misdemeanor for an individual to solicit, agree to engage in, or engage in, an act of prostitution with an adult or a minor in exchange for the individual providing compensation, money, or anything of value to the other person, as specified. Under existing law, if the defendant knew, or should have known, that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 2 days, except as specified, and not more than one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. This bill would make the solicitation of, agreement to engage in, or engagement in, an act of prostitution with a minor in exchange for the individual providing compensation, money, or anything of value to the minor, except when the defendant knew or should have known that the person solicited was a minor at the time of the offense, punishable by imprisonment in the county jail for not more than 6 months, a fine not exceeding $2,000, or both such imprisonment and fine. The bill would authorize the court to reduce or waive the amount of the fine in specified circumstances. The bill would require 75% of the moneys received pursuant to this fine, or pursuant to the existing fine if the person knows or should have known that the person solicited is a minor, to be retained by counties and expended to provide shelter, counseling, and other direct services and exit programs for victims of commercial sexual exploitation and commercial sexual abuse. By imposing additional duties on counties relating to the use of that fine, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.