Subject: Amending Oakland Municipal Code 9.08.260 (Prohibition Of Prostitution And Prostitution Related Offenses) From: Councilmember Wang And Council President Jenkins Recommendation: Adopt An Ordinance Amending Oakland Municipal Code 9.08.260 (Prohibition Of Prostitution And Prostitution Related Offenses) To Conform To State Law (1) By Repealing The Offense Of Loitering For The Purpose Of Engaging In Prostitution; (2) Adding Loitering For The Purpose Of Purchasing Commercial Sex As An Offense; (3) Allowing For The Administrative Assessment Of Fines Against Sex-Purchasers, Sex-Traffickers, And Properties Used For Prostitution; And (4) Creating A Human Trafficking Survivor Support Fund

Summary

This ordinance amends Oakland Municipal Code (OMC) 9.08.260 to align with state law regarding prostitution and sex trafficking, shifting focus to demand reduction and victim support. Key changes include:

• Repealing loitering for prostitution: The offense of loitering with the intent to engage in prostitution is removed.
• Adding loitering for purchasing sex: Loitering with the intent to purchase commercial sex is established as a new offense.
• Administrative Fines: Civil penalties can be administratively assessed against sex purchasers, sex traffickers, and properties knowingly used for prostitution. Fines range from $4,000-$8,000 for first-time sex purchasers, up to $10,000-$20,000 for traffickers, with potential trebling for violations involving minors.
• Human Trafficking Survivor Support Fund: Revenue generated from these fines will be deposited into a dedicated fund to support victims and survivors of sex trafficking, covering services like housing, healthcare, mental health, job training, and legal advocacy.
• Reporting Requirements: The City Administrator will provide semi-annual reports detailing law enforcement activity, prosecutorial outcomes, fiscal transparency of the fund, and community impact assessments.

The ordinance aims to address the sex trafficking crisis in Oakland, particularly along International Boulevard, by targeting the financial drivers of exploitation and reinvesting funds into victim services. It is estimated to generate between $250,000 and $450,000 annually.

Citizen Impact

This ordinance aims to reduce sex trafficking by penalizing buyers and traffickers, with fines potentially generating revenue for survivor support services. Residents in affected areas may see improved public safety, while those involved in purchasing commercial sex face new fines and penalties.

Confidence

high