California Penal Code section 653.22 makes it illegal to loiter with the intent to commit prostitution. Loitering with the intent to commit prostitution is defined under California Penal Code section 653.22 as the delay or lingering in a public place with the intent to commit prostitution. When the Defendant is charge under California Penal Code 653.22 the prosecution offers circumstantial evidence to prove the Defendant had the intent to commit prostitution.

Some factors that the court will look at are the following: repeatedly beckoned to stop, engage in conversations with, or attempt to stop or engage in conversation with a passerby in a way that indicates the solicitation of prostitution; repeatedly stop or attempt to stop vehicles by hailing, waving, or gesturing, or engaging or attempting to engage drivers or passengers in conversation, in a way that indicates the solicitation of prostitution; or circling an area in a vehicle and repeatedly beckoned to, contact, or attempt to contact or stopping pedestrians or other motorists in a way that indicates the solicitation of prostitution.

Besides these factors, the prosecutor may also provide evidence of other prior acts such as engaging in any behavior indicative of prostitution activity within six months before the arrest or whether the Defendant has been convicted of this crime or of any other crime relating to or involving prostitution within five years of their arrest. Sometimes a defendant does not have any intention to solicit a person for prostitution as he is only joking around or finds the attention amusing. In such instances, the Defendant does not have the specific intent to commit the crime of loitering to solicit for prostitution as required under California Penal Code 653.22.

Pimping – California Penal Code section 266(h)

California Penal Code section 266(h) defines pimping as any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping. Pimping is a felony, and may be punishable by three, four, or six years of a prison sentence.