California Penal Code §653.22 — Loitering for Prostitution (REPEALED)
California Penal Code §653.22 formerly criminalized loitering in any public place with the intent to commit prostitution. On July 1, 2022, Governor Newsom signed the Safer Streets for All Act (SB 357), which repealed PC §653.22 effective January 1, 2023. The offense no longer exists in California law. Pre-repeal convictions can be sealed under SB 357's redesignation provisions. Any post-repeal citation or filing under PC §653.22 is legally invalid and subject to immediate dismissal.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Loitering for Prostitution (REPEALED) Cases in All LA County Courts
01 — Quick Facts
PC §653.22 — Loitering for Prostitution (REPEALED) at a Glance
| Fact | Detail |
|---|---|
| Status | REPEALED — SB 357 (2022), effective January 1, 2023 |
| Full Name | California Penal Code §653.22 — Loitering with Intent to Commit Prostitution (former) |
| Former Classification | Misdemeanor |
| Former Penalty | Up to 6 months county jail and/or up to $1,000 fine |
| Sealing Under SB 357 | Available for pre-repeal convictions and arrests |
| Current Filings | Legally invalid — subject to dismissal |
| Related — Still Valid | PC §647(b) prostitution (agreement + act); §266h/§266i pimping/pandering |
| Strike | No |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §653.22?
What Is California Penal Code §653.22?
PC §653.22 Reads:
"Section 653.22 of the Penal Code is repealed. Effective January 1, 2023, it is no longer a crime in California to loiter in any public place with the intent to commit prostitution. Any arrest or conviction for loitering with intent to commit prostitution shall be sealed upon petition or on the court's own motion."
— SB 357 (Wiener, 2022) — Safer Streets for All Act
PC §653.22 formerly made it a misdemeanor to loiter in a public place with the intent to commit an act of prostitution. The statute was criticized as facilitating profiling of transgender women and women of color based on clothing, location, and presence at certain hours. Senate Bill 357, sponsored by Senator Scott Wiener, repealed the statute in full effective January 1, 2023.
What SB 357 Did
SB 357 (1) repealed PC §653.22 entirely, (2) authorized courts to seal — on petition or the court's own motion — any arrest or conviction under the repealed statute, and (3) directed that the repeal did not affect proceedings for still-valid offenses (PC §647(b), §266h, §266i, §288a(b)(1)).
PC §653.22 — REPEALED
Loitering with intent — no longer a crime in California. Pre-2023 records may be sealed.
PC §647(b) — Still Valid
Actual engagement, offer, or agreement to engage in prostitution. Misdemeanor.
Why the Repeal Matters
Anyone with a pre-2023 §653.22 conviction should pursue sealing under SB 357 to eliminate the record from public view. Anyone cited or charged under §653.22 after January 1, 2023 has been charged under a repealed statute — immediate dismissal is warranted.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §653.22
The former elements are preserved here for historical reference. No prosecution can be brought under this statute today.
Loitering in a Public Place
Former §653.22(a) required loitering — remaining in a public place with no apparent lawful purpose.
Intent to Commit Prostitution
The prosecution formerly relied on subjective circumstantial factors — clothing, gestures, prior arrests — that SB 357 identified as leading to profiling.
Prior Conviction Enhancement (repealed)
A prior §653.22 conviction formerly increased the penalty. All such enhancements are inoperative post-repeal.
Circumstantial Factors (repealed)
Former subdivision (b) listed factors courts could consider — hailing motorists, prior sex-work convictions, presence in a 'known area' — all abrogated.
04 — Penalties
Penalties for PC §653.22 Loitering for Prostitution (REPEALED) in California
Post-repeal, there is no penalty. Historical penalties are shown for reference.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §653.22 (Post-January 1, 2023) | REPEALED | No penalty — statute void | N/A | N/A |
| §653.22 (Historical — Pre-2023) | Former PC §653.22 | Up to 6 months county jail | Yes — up to 3 years informal | No |
| SB 357 Sealing Petition | SB 357 §1(b) | Record sealed — sealed from public view | N/A | N/A |
| PC §647(b) — Still Valid | PC §647(b) | Up to 6 months county jail | Yes | No |
No Enhancements Apply Post-Repeal
Sealing Under SB 357
SB 357 §1(b)
Any arrest or conviction under former §653.22 shall be sealed upon petition or on the court's own motion.
Companion Charges May Survive
PC §647(b)
If cited alongside §647(b) (actual prostitution), the §647(b) count may still proceed on its own facts.
Beyond the Repeal
- Pre-2023 records remain visible until sealed — file the SB 357 petition
- Immigration relief — sealed conviction removes ongoing prejudice for non-citizens
- Employment and licensing — sealed records need not be disclosed
- Housing — sealed records not returned on standard background checks
- No further §653.22 arrests or charges are lawful
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §653.22 Loitering for Prostitution (REPEALED) Charges
Post-repeal defense is procedural — dismiss or seal.
Demurrer / Motion to Dismiss (Post-Repeal Charge)
Any charge filed on or after January 1, 2023 must be dismissed — the statute no longer exists. File demurrer under PC §1004.
SB 357 (2022)
SB 357 Sealing Petition (Pre-2023 Record)
Petition the court to seal the arrest or conviction. Courts must grant absent narrow exceptions.
SB 357 §1(b)
PC §851.87 / §851.91 Sealing
Alternative statutory sealing routes for arrests that did not result in conviction.
PC §851.87 / §851.91
Factual Innocence Under PC §851.8
For arrests without conviction, PC §851.8 factual-innocence relief remains available.
PC §851.8
Attack Companion §647(b) Filings
Where the People re-file the same conduct under §647(b), attack on entrapment, insufficient act, and constitutional grounds.
Immigration Post-Conviction Relief
For non-citizens with pre-repeal convictions, PC §1473.7 motions are available to vacate for immigration-consequence advisement failure.
PC §1473.7
PC §1203.4 Expungement (Belt & Suspenders)
For pre-2023 convictions, combine SB 357 sealing with PC §1203.4 dismissal — maximum record clean-up.
Constitutional Sources
07 — Court Process
How PC §653.22 Loitering for Prostitution (REPEALED) Cases Move Through Los Angeles Courts
The process depends on whether the record is pre- or post-repeal.
- 1
Step 1 — Confirm Charge / Record Date
Any citation, filing, or complaint dated on or after January 1, 2023 is legally void.
- 2
Step 2 — File Demurrer (Post-Repeal Charge)
PC §1004 demurrer or motion to dismiss under §1385 — the statute has been repealed and no crime is charged.
- 3
Step 3 — SB 357 Sealing Petition (Pre-Repeal Record)
Petition served on DA; hearing set. Court seals unless a narrow statutory exception applies.
- 4
Step 4 — Address Companion Filings
Where §647(b) or another offense was co-filed, defense continues on those facts. Companion charges do not survive with the repealed §653.22 alone.
- 5
Step 5 — Record Cleanup
DOJ record update, LAPD record correction, and background-check remediation follow sealing.
- 6
Step 6 — Immigration Follow-Up
For non-citizens, PC §1473.7 relief for advisement-failure vacatur where indicated.
Los Angeles Courts That Handle PC §653.22 Loitering for Prostitution (REPEALED) Cases
Sealing petitions and demurrers are filed in the courthouse of original jurisdiction.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Loitering for Prostitution (REPEALED) Defense Attorney
Daniel S. Rubin has defended clients charged with loitering for prostitution (repealed) and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §653.22 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Loitering for Prostitution (REPEALED) Cases Throughout LA County
See our full Loitering for Prostitution (REPEALED) defense practice
09 — FAQs
PC §653.22 Loitering for Prostitution (REPEALED) Questions — Los Angeles
Is PC §653.22 still a crime in California?
No. Senate Bill 357 (2022) repealed PC §653.22 effective January 1, 2023. Loitering with intent to commit prostitution is no longer a criminal offense in California. Any citation or charge under §653.22 after that date is legally invalid and must be dismissed.
Can old §653.22 convictions be cleared?
Yes. SB 357 directs courts to seal any arrest or conviction under former §653.22 on petition or on the court's own motion. Rubin Law files the sealing petition, obtains the order, and coordinates DOJ and law-enforcement record updates.
Why was §653.22 repealed?
Legislative findings supporting SB 357 documented that §653.22 was enforced disproportionately against transgender women, women of color, and low-income women — often based on clothing, presence in certain neighborhoods, and prior arrests rather than actual criminal conduct. The statute was found to invite profiling.
Does the repeal legalize prostitution?
No. Prostitution remains illegal in California under PC §647(b), which punishes actually engaging in, offering, or agreeing to engage in prostitution. SB 357 repealed only the loitering-with-intent offense — the anti-profiling piece.
What about pimping and pandering?
PC §266h (pimping) and PC §266i (pandering) — both felonies — are unaffected by SB 357 and remain fully in force. So do human-trafficking statutes (PC §236.1) and offenses involving minors (PC §288.4, §647.6).
I was arrested but never convicted — can that record be cleared?
Yes. SB 357 sealing covers both arrests and convictions. Additionally, PC §851.87, §851.91, and §851.8 sealing routes remain available for arrests without conviction. Rubin Law pursues whichever route yields the cleanest record.
Does sealing under SB 357 affect immigration cases?
Sealing under SB 357 eliminates the record from most public background checks and reduces prejudice in immigration proceedings. For non-citizens with pre-repeal convictions carrying immigration consequences, PC §1473.7 motions to vacate for advisement failure remain a stronger tool where available.
How long does the sealing process take?
In LA County, uncontested SB 357 sealing petitions are typically resolved within 90 to 180 days from filing, subject to court calendaring. Contested petitions may take longer. DOJ record updates follow the sealing order.
Available 24/7 — Free Consultation
Have a Pre-2023 PC §653.22 Record?
SB 357 authorizes sealing on petition. Rubin Law, P.C. files the petition, secures the order, and coordinates the record cleanup.