
"In January, AB 379 will take effect, reinstating a repealed law that criminalizes "loitering with intent to purchase commercial sex." Governor Gavin Newsom, signed the bill, saying it will help protect victims of human trafficking. However, critics are its unclear language will enable law enforcement to detain individuals based on the subjective suspicion of having an "intent to purchase a commercial sex act.""
"When this concept of racial profiling and targeting people of color is combined with the subjective and vague language of AB 379, it creates an extremely dangerous environment, making people of color easily targeted. Advocates fear the "loitering with intent" provision will be disproportionately targeted at people of color, especially during the large-scale sporting events such as the Super Bowl and World Cup."
AB 379 will reinstate a repealed loitering law criminalizing "loitering with intent to purchase commercial sex," taking effect in January after Governor Gavin Newsom signed it. The law is framed as a tool to protect trafficking victims, but its vague language could permit detentions based on subjective suspicion of intent to purchase a commercial sex act. Similar loitering language was removed from the criminal code in 2022 after documented abuse. A recent Supreme Court ruling that is described as enabling ICE racial profiling raises concerns that enforcement could disproportionately target people of color. The law could also be used against legal sex businesses and sex workers, raising Fourth Amendment seizure and search concerns, especially during large sporting events.
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