AB 776

Under current law, any person who is convicted of prostitution is guilty of a

Class A misdemeanor, which is punishable by a fine not to exceed $10,000 or

imprisonment not to exceed nine months, or both. In addition, current law defines

"abuse" for purposes of reporting and investigation under the child abuse reporting

law to include permitting, allowing, or encouraging a child to engage in prostitution.

This bill permits a court, in lieu of convicting a child for prostitution, to enter

into a consent decree or a deferred prosecution agreement placing the child under

supervision and requiring the child to comply with the conditions of the decree or

agreement, if the court determines that the best interests of the child would be served

and society would not be harmed by entering into the decree or agreement.

The bill also provides that in a case in which the court enters into a consent

decree or a deferred prosecution agreement in lieu of convicting a child for

prostitution, if the court has reason to suspect that any person has permitted,

allowed, or encouraged the child to engage in prostitution, the court must report that

suspicion under the child abuse reporting law and the agency receiving that report

must immediately evaluate the report to determine whether there is reason to

suspect that any person has permitted, allowed, or encouraged the child to engage

in prostitution and, if so, must, within 24 hours after receiving the report, initiate

an investigation to determine if the child is in need of protection or services.