California Governor Signs AB 379, Reinstating Loitering Offense and Expanding Solicitation Penalties

Sacramento, California – Governor Gavin Newsom has officially signed Assembly Bill 379 (AB 379) into law, a measure designed to intensify efforts against child sex trafficking and commercial sexual exploitation. The bill, which passed the California State Senate with a 33-2 vote, re-establishes loitering with the intent to purchase commercial sex as a misdemeanor and increases penalties for soliciting sex from minors, particularly those aged 16 and 17.

AB 379 introduces a felony charge for adults who solicit 16- and 17-year-olds for sex if the adult is more than three years older than the minor. Previously, a felony charge for this age group typically required proof that the minor was a victim of trafficking. Additionally, the legislation reinstates the crime of loitering with the intent to purchase commercial sex, a provision that had been decriminalized by a previous bill.

State Senator Scott Wiener (D-San Francisco) voted against AB 379, primarily citing concerns over the re-criminalization of loitering. Senator Wiener authored Senate Bill 357 in 2021, which decriminalized loitering with the intent to engage in prostitution, arguing that such laws disproportionately impacted Black and Brown women and the LGBTQ community. "We should not be creating new loitering laws in the state of California in the year of 2025," Senator Wiener stated, adding, "The problem with loitering laws, it's not about what you're doing, it's all about how you look."

Proponents of AB 379, including original author Assemblymember Maggy Krell (D-Sacramento) and State Senator Shannon Grove (R-Bakersfield), argue the bill provides crucial tools for law enforcement to combat human trafficking and protect vulnerable youth. They emphasize that the legislation targets the "buyers" of commercial sex and aims to reduce demand, asserting that the prior decriminalization of loitering led to an increase in visible commercial sex acts on public streets.

However, the bill faced significant opposition from progressive Democrats and civil liberties advocates who warned of potential "unintended harm" to minors and the reintroduction of discriminatory policing practices. Critics, including the California Public Defenders Association and Smart Justice California, voiced concerns that the loitering provision could lead to racial profiling and disproportionately affect marginalized communities, including the LGBTQ community. The debate also highlighted the complexity of distinguishing between consensual relationships involving older teenagers and exploitative situations.

Governor Newsom's decision to sign AB 379 signals a commitment to strengthening laws against sex trafficking, despite the internal divisions within the Democratic party regarding the bill's approach. The new law is set to go into effect on January 1, 2026.