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California Reinstates Loitering Law to Combat Child Exploitation and Street-Level Trafficking

-Editorial

In a significant policy shift aimed at curbing human trafficking and protecting vulnerable youth, Governor Gavin Newsom has signed Assembly Bill 379 into law, reinstating loitering with the intent to purchase sex as a misdemeanor offense in California. The law, set to take effect on January 1, 2026, also introduces tougher penalties for adults who solicit sex from minors aged 16 and 17.

The legislation, co-authored by Assemblymembers Maggy Krell (D-Sacramento) and Nick Schultz (D-Orange County), was co-sponsored by San Diego Mayor Todd Gloria and San Diego County District Attorney Summer Stephan, two of the state’s most vocal advocates for victim protection and trafficking prevention.

“AB 379 will make a real difference in our ability to disrupt child exploitation and illegal prostitution in San Diego by holding buyers and traffickers accountable,” said Mayor Gloria. “This legislation will save lives and assist in our efforts to ensure our city can protect our most vulnerable.”

The new law partially reverses Senate Bill 357, which was signed into law in 2022 and decriminalized loitering with the intent to commit prostitution. While that bill was intended to reduce discrimination against sex workers—especially trans women and women of color—its implementation produced unintended consequences. In the three years since its passage, law enforcement and community leaders across the state have reported a dramatic rise in street-level prostitution, with traffickers and sex buyers operating openly and with near impunity.

“For the last three years, we have seen the consequences of Senate Bill 357 play out, with open prostitution and human trafficking on our streets, and little that our officers could do to address it,” said San Diego Police Chief Scott Wahl. “This legislation restores one of our most basic tools to intervene in exploitative situations.”

AB 379 now allows prosecutors to file felony charges against adults who solicit sex from minors, as long as they are at least three years older than the victim. Offenders closer in age may still face misdemeanor charges, but the legal change closes a critical gap that previously made it difficult to prosecute exploitative adults.

The California Attorney General’s Office has repeatedly cited human trafficking as one of the world’s fastest-growing criminal enterprises, with global profits estimated at over $150 billion annually. California, due to its size, diverse population, and proximity to international borders, has remained one of the top destination states for sex trafficking. The crisis disproportionately affects girls and women of color from low-income neighborhoods, LGBTQ+ youth, and foster children—groups already at high risk due to systemic inequities, unstable housing, and limited access to support networks.

In many urban areas—especially in known “blade” or “track” zones—teen girls and women are approached regularly by men offering money for sex acts. Traffickers often lurk nearby, monitoring interactions and collecting earnings. The 2022 decriminalization of loitering made it significantly harder for officers to intervene, leading to public safety concerns, increased violence against victims, and rising tensions with local businesses and residents.

Recognizing the gaps in enforcement and protection, lawmakers moved in 2024 to strengthen penalties for buyers through Senate Bill 1414, signed by Governor Newsom. However, that law required prosecutors to prove the minor was a trafficking victim—an often difficult and traumatizing hurdle that limited its effectiveness.

Assembly Bill 379 addresses that challenge directly by criminalizing the act of purchasing sex from any minor under 18, regardless of their trafficking status. It also establishes the Survivor Support Fund, which redirects fines collected from offenders to community-based nonprofits that provide housing, counseling, legal aid, and other services to survivors of sex trafficking.

The law balances enforcement with compassion: individuals charged with engaging in sex work in exchange for something of value will now be offered diversion programs on their first and second offenses, steering them away from the criminal system and toward support services.

AB 379 is a return to accountability—but with a forward-looking, survivor-centered approach. By restoring essential tools to law enforcement, closing prosecutorial loopholes, and redirecting resources toward victim care, California signals a more balanced response to one of its most urgent public safety issues.

As the state prepares for the law’s implementation in 2026, cities like San Diego will be at the forefront—working to ensure that the policy not only disrupts exploitation, but also restores hope and dignity to the lives of those most affected.

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