California Democrats are fighting for ‘water'[ing] But, as anyone whose mind hasn’t been thoroughly blown by politics might imagine, this isn’t a case of lawmakers trying to make life easy for those who abuse and exploit children. They were simply trying to inject a modicum of sanity into the bill’s punitive scheme, but the scorn they faced underscored how difficult it is for lawmakers to resist policies purportedly designed to protect children.
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bill
The measure — Senate Bill 1414 — was introduced in April by state Sens. Shannon Grove (R-Bakersfield), Ana Caballero (D-Merced) and Susan Rubio (D-Baldwin) Park) proposed. It would increase penalties for soliciting prostitution from minors.
The bill passed the state Senate in May on a 36-0 vote after making some changes to its original form.
The Assembly’s Public Safety Committee voted 8-0 last week to pass the bill after another amendment was added. The revised bill is now before the Parliamentary Appropriations Committee.
It was those amendments that prompted strong opposition from some, including Grove.
amendment
Under current California law, soliciting prostitution by a minor the offender knows or should know is a misdemeanor punishable by at least 2 days in county jail and possible up to one year in jail and a $10,000 fine.
According to reports, the bill would elevate the crime to a felony, punishable by up to four years in prison and a $25,000 fine, “regardless of” whether the defendant knew or should have known that the person was a minor, and regardless of whether the defendant himself was 18 years or older. It also includes sex offender registration requirements.
The original version does not have mens rea The component that imposes an aggravating penalty – that is, it does not matter whether the person charged had no reason to believe that the person being solicited was under 18 years of age.
Under the revised version of SB 1414, soliciting a minor would sometimes be considered a misdemeanor, punishable by up to one year in county jail, and sometimes be a felony, punishable by up to three years in county jail. The harsher penalties are only imposed if the defendant is over 18 and “knew or should have known at the time of the commission that the person being solicited was a minor.” And it only applies if “the minor being solicited was under 16 years of age at the time of the crime, or the person being solicited was under 18 years of age at the time of the crime and the person being solicited was a victim of human trafficking.” A second or subsequent offense is always a felony and offenders who are more than 10 years older than the invited minor must register as a sex offender for 10 years.
Please note that nothing in this bill (as introduced or as amended) changes the penalties for persons who force or coerce a minor into prostitution. It also does not affect sex laws Activity with minors. This is about instigation, which is essentially a speech crime— ask about sexual activity or dedication sex money.
“The bill does not require physical or sexual contact with an underage victim,” the Ella Baker Center for Human Rights said. “Felony offenses related to actual indecent or sexual contact with a minor already exist.”
dispute
The amendments to SB 1414 drew criticism from Grove and others who claimed the bill would now make it too difficult to punish sex crimes. In fact, the revised bill simply allows for punitive measures to be more appropriate to the circumstances.
The revised bill would make it harder to blanket punish everyone, but in a free society we should consider that a good thing.
The drastic action taken by those amending the bill is indicative of a wider problem in our criminal justice system, where allowing any nuance is blasted as weak and inexcusable. But it’s not a sign of weakness to recognize that specific circumstances do matter, and that one-size-fits-all enforcement solutions can be over-punishing and over-incarcerating.
It takes courage to develop criminal justice solutions that are fair to both victims and those accused of crimes. Whether this revised bill strikes the right balance is up for debate (contrary to critics, it may still be less than convinced in some quarters mens rea), but is clearly trying to at least address the gray area.
Under the revised version, adult defendants who openly solicited the prostitution of minors could receive harsher penalties. However, if the defendant is a minor, is just over 18 years old, or has no reason to know that the person is a minor, he may be subject to a lighter sentence. Penalties can be determined on a case-by-case basis. What’s wrong with this?
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