Buying a child for sex is a misdemeanor in California. Lawmakers debate harsher penalty


California lawmakers next week are set to debate a proposal that would ramp up the consequences for consumers of the child sex trafficking industry. Under California law, purchasing or soliciting a child for sex is a misdemeanor carrying a maximum penalty of up to a year in jail, or a minimum of two days in jail, and a $10,000 fine. Republican State Sen. Shannon Grove is trying to change that with SB 1414, which would classify the crime as a felony, carrying a maximum penalty of up to four years in prison and a $25,000 fine. “A lot of the survivors of lived experience have said you’ve gotta go after the buyer, it’s just a misdemeanor and I said there is no way,” Grove told KCRA 3. “I thought they were mistaken.”The bill would also remove the requirement in state law that those convicted of soliciting a minor knew or should have known that person was a minor. Grove is also proposing to require those buyers to register as sex offenders for ten years. Similar proposals have been failing at the state capitol since 2014, according to an analysis of the legislation. The bill will have its first hearing in the Senate Public Safety Committee on Tuesday. Grove is hoping to build off of her momentum from last year, when the Legislature and Gov. Gavin Newsom approved a bill that classified child sex trafficking as a serious felony in California, adding to the state’s three strikes law for the first time ever. The bipartisan bill sailed through the State Senate before an embattled committee in the State Assembly blocked the measure. With the help of Gov. Gavin Newsom and Assembly Speaker Robert Rivas, that committee was forced into a rare do-over. Grove told KCRA 3 she is already getting pushback for SB 1414 from lawmakers who are concerned about adding prison time for the crime. The bill’s analysis, prepared by the Senate Public Safety committee, shows several criminal justice reform advocacy groups oppose the measure, including Californians for Safety and Justice, the Ella Baker Center for Human Rights, and the California Public Defenders Association. In its opposition, the association said the proposed law “punishes some defendants more harshly – felony punishment and sex offender registration – even when those persons do not have the intent to have sex with a minor. This change will unfortunately lump some defendants into the category of “sex offender” with lifelong consequences for them and their families even though the intent is completely lacking.” Democratic State Senators Anna Caballero and Susan Rubio are coauthors of the bill. The hearing is Tuesday at 8:30 am at the capitol’s “legislative swing space” on O Street.

California lawmakers next week are set to debate a proposal that would ramp up the consequences for consumers of the child sex trafficking industry.

Under California law, purchasing or soliciting a child for sex is a misdemeanor carrying a maximum penalty of up to a year in jail, or a minimum of two days in jail, and a $10,000 fine. Republican State Sen. Shannon Grove is trying to change that with SB 1414, which would classify the crime as a felony, carrying a maximum penalty of up to four years in prison and a $25,000 fine.

“A lot of the survivors of lived experience have said you’ve gotta go after the buyer, it’s just a misdemeanor and I said there is no way,” Grove told KCRA 3. “I thought they were mistaken.”

The bill would also remove the requirement in state law that those convicted of soliciting a minor knew or should have known that person was a minor. Grove is also proposing to require those buyers to register as sex offenders for ten years.

Similar proposals have been failing at the state capitol since 2014, according to an analysis of the legislation. The bill will have its first hearing in the Senate Public Safety Committee on Tuesday.

Grove is hoping to build off of her momentum from last year, when the Legislature and Gov. Gavin Newsom approved a bill that classified child sex trafficking as a serious felony in California, adding to the state’s three strikes law for the first time ever. The bipartisan bill sailed through the State Senate before an embattled committee in the State Assembly blocked the measure. With the help of Gov. Gavin Newsom and Assembly Speaker Robert Rivas, that committee was forced into a rare do-over.

Grove told KCRA 3 she is already getting pushback for SB 1414 from lawmakers who are concerned about adding prison time for the crime.

The bill’s analysis, prepared by the Senate Public Safety committee, shows several criminal justice reform advocacy groups oppose the measure, including Californians for Safety and Justice, the Ella Baker Center for Human Rights, and the California Public Defenders Association.

In its opposition, the association said the proposed law “punishes some defendants more harshly – felony punishment and sex offender registration – even when those persons do not have the intent to have sex with a minor. This change will unfortunately lump some defendants into the category of “sex offender” with lifelong consequences for them and their families even though the intent is completely lacking.”

Democratic State Senators Anna Caballero and Susan Rubio are coauthors of the bill.

The hearing is Tuesday at 8:30 am at the capitol’s “legislative swing space” on O Street.


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