STATE — An all-out war is taking place in the State Legislature over whether soliciting sex from 16- and 17-year-old kids and loitering to purchase sex should be classified as a felonies.
The battle began last year when Sen. Shannon Grove (R-Bakersfield) authored Senate Bill 1414, reclassifying the solicitation of sex of all minors for sex as a felony. However, the bill was amended by the Democrats to exclude 16- and 17-year-olds.
This year, Assemblywoman Maggy Krell (D-Sacramento) authored Assembly Bill 379 to increase penalties for soliciting, or buying, 16- and 17-year-olds as a felony with some bipartisan support in both chambers. On Wednesday, Democrats in the Public Safety Committee removed the automatic felony charge, according to media reports.
On Thursday, the Assembly floor removed Krell and all 20 co-authors from the bill, while 55 Democrats voted for the amended bill, but three Democrats and all Republicans voted against in a 55-21 vote. Thursday was also Denim Day at the legislature, where lawmakers wore denim in support of Sexual Assault Awareness Month.
State law charges traffickers, or sellers, with an automatic felony and if convicted three times, or has two other serious felony convictions, would serve life in prison.
“We need to say if you’re under 18, a minor, that the person who is buying that person should be charged with a felony,” Krell, a former prosecutor, told the Assembly. “It’s plain and simple.”
As for the amended penalties, those would between two days and one year in county jail. The changes initially required 16- and 17-year-olds to prove they are victims of sex trafficking before the felony kicks in, according to KCRA.
The issue has split Democrats with Gov. Gavin Newsom, Lt. Gov. Eleni Kounalakis and others voicing support and calling on Assembly Democrats to pass Krell’s version of the bill. However, Assemblyman Nick Schultz (D-Burbank) accused “the highest officers of this state” (Newsom, Kounalakis and the media) of spreading misinformation, per reports. Speaker Robert Rivas (D-Salinas) did not speak during the floor session but voted with the majority.
Schultz, who chairs the committee and amended the bill, along with Stephanie Nguyen (D-Elk Grove), are the new authors, according to the bill.
“The solution that we craft, the solution we pass needs to make sense, it needs to be equitable, and it needs to be comprehensive,” Schultz, also a former prosecutor, told KCRA. “It’s also my job to make sure we’re not passing knee-jerk policy, but we’re having good, substantive conversations and landing on a good spot.”
Krell’s bill was to tighten up inconsistencies with the current laws regarding the trafficker and buyer. During her career as an attorney, Krell was known for taking down Backpage.com, a site used for purchasing sex and sex trafficking.
Krell told reporters last week she was forced to agree to the changes by the Public Safety Committee or it would refuse to hold a hearing. Schultz and the Public Safety Committee removed the part of the bill designating the purchasing of sex or trafficking a 16- or 17-year-old as a felony, per reports.
“We need to say, loud and clear, that if you’re under 18, a child, a minor … the person buying that person should be charged with a felony,” Krell told the Assembly floor. “It’s plain and simple, sex without consent — that’s rape.”
The proposal would make it a crime to loiter with the intent to purchase sex, and would use the fines from those charges to fund services for trafficking survivors, CalMatters reported.
The publication reported Democrats mostly don’t have a problem with that, but objected to the bill’s inclusion of making the solicitation of 16- and 17-year-olds a “wobbler” on the first offense, meaning it could be charged as a misdemeanor or a felony. They removed the same provision from Grove’s bill last year, making solicitation of 15-year-olds (or any minor who is a trafficking victim) a “wobbler” on first offense.
Schultz said the discussion and hearings will continue over the coming months, while other Democrats said they worried the bill would allow parents to target kids in biracial or LGBTQ relationships with an older teen.
“It is important to understand the 16 and 17-year-olds, minors of any age in the state of California that are contacted for a sexual purpose that is punishable as a felony,” Schultz told the floor. “I wholeheartedly agree with the governor’s statement to the extent that it already states existing state law.”
According to state law, if a minor is 16 or 17, the solicitation of a minor is only a felony if the adult is at least five years older. Arranging a meeting with a minor for lewd purposes is a “wobbler,” while human trafficking is a felony in all cases.
"The law should treat all sex predators who solicit minors the same — as a felony, regardless of the intended victim’s age,” Newsom said in a statement. “Full stop.”
Local delegation
Assemblywomen Tasha Boerner (D-Encinitas) and Darshana Patel (D-San Diego) voted in favor. Boerner’s district runs along the coast from Carlsbad to Coronado, while Patel’s spans from northern San Diego to San Marcos and Escondido.
Assemblyman Carl DeMaio (R-San Diego), whose district covers East County, Valley Center, Fallbrook and Poway, among others, and Assemblywoman Laurie Davies (R-Laguna Niguel), whose district spans from south Orange County to Oceanside, voted against the amended bill.
DeMaio ripped the legislative move, calling it unacceptable, and said prosecutors won’t accept the new language.
“It’s a very common-sense bill,” he said on X on Thursday. “We decided to use a number of procedural motions on the Assembly floor to force a vote on this issue. We have a list of names of Democrats who chose to protect predators and who chose not to protect victims who are victims of human trafficking. This is a sickness.”
Messages were left with Boerner and Patel, but not returned by deadline.
Meanwhile, Assemblyman Mark Gonzalez (D-Los Angeles) ripped DeMaio for voting down civil rights legislation for gay people despite DeMaio being gay. Gonzalez said it was offensive and an embarrassment for DeMaio to speak about being gay while voting against bills aimed at strengthening rights.
However, DeMaio ripped the Democrats for passing several bills allowing, what he said, is legalizing loitering for the purposes of sex trafficking, sex work and prostitution under SB 357. He also railed against the Democrats for using the gay community as “window dressing” for sex trafficking.
“That’s what’s going on here, make no mistake about it,” DeMaio added. “These are young minors. They are victims of sex trafficking, and this bill would allow predatory behavior to continue.”
San Diego County District Attorney Summer Stephan was angered by the legislature’s actions as well. She said the actions taken are a “betrayal” of the most vulnerable children and buying children who under the law can’t consent to sex “can only be described as slavery.”
Stephan said by gutting the bill, the Public Safety Committee has sent a chilling message that exploiting children doesn’t warrant a serious penalty. She also said those buying a 16 or 17 year old get the same or less punishment in California than spray painting a wall.
“California should be leading the nation in protecting children, not dragging its feet,” Stephan added. “We will not stop fighting. Survivors deserve better. Our children deserve better.”
Note: Joaquin Arambula (D-Fresno), Jasmeet Bains (D-Delano) and Krell all voted against the amendments. Other San Diego representatives who voted in support of the amendments include David Alvarez (D-San Diego), LaShae Sharp Collins (D-La Mesa) and Chris Ward (D-San Diego). The bill is headed to the Assembly Appropriations Committee.
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