TIME SENSITIVE: SB 1414 HEARING ON 7/2 - MAKE PURCHASING SEX WITH A MINOR A FELONY

San Mateo County, California sent this bulletin at 06/28/2024 02:51 PM PDT

Dear Colleagues:
California consistently ranks first in the nation for human trafficking cases reported to the National Human Trafficking Hotline. Unfortunately, minors comprise a portion of the sex trafficking victims, and the demand for commercial sex from buyers is one of the obstacles in the fight against sex trafficking. 
Currently, under California criminal law, a person who solicits a minor for sex in exchange for money, or agrees to engage in sex with a minor for money, or actually engages in sex with a minor for money,  is only charged with a misdemeanor. 
 
Acting under the belief that buying a minor for sex should be classified and as serious crime, CA State Senator Shannon Grove proposed SB 1414 - Solicitation of a Minor for Sex Changed from a Misdemeanor Disorderly Conduct to Felony (sponsored by Love Never Fails and 3Strands Global). 
 
The original language of the bill would do the following:
  • Make solicitation of sex from a minor for money punishable by 2, 3, or 4 years.
  • Incur a fine up to  $25,000. 
  • The offender would serve time in prison (not county jail). 
  • The offender would NOT be able to defend himself/herself against criminal charges by stating that he/she was mistaken about the minor’s age.
The CA Senate Public Safety Committee forced significant amendments that weaken the original intent of SB-1414. The amendments resulted in the following:
  • The criminal charge would be a “wobbler,” meaning that the judge can decide whether to prosecute the crime as a felony or a misdemeanor. 
  • Removed protection for 16 and 17 year olds meaning that it would still only be a misdemeanor to solicit a 16/17 year old for sex.
  • The felony charge would only carry possible time in county jail, not prison. 
  • Only perpetrators with a previous conviction of purchasing sex from a child 15 or under AND with over a 10-year age gap to the victim must register as a tier one sex offender on their second offense. 
TIME SENSITIVE: 
If you believe that the penalties for buyers of sex with minors should be strengthened, please make your voice heard.
JULY 2, HEARING: There is a hearing on the bill on July 2, at 9:00 a.m. Members of the Public Safety Committee need to know that the ORIGINAL INTENT OF THE BILL SHOULD BE RESTORED. 
 
If you'd like to contact members of the Senate Public Safety Committee, Senator Pro Tempore and Governor about SB 1414, below are links to the webpage where you can send a message, or call their Capitol office: 
Here are those legislators to contact:
 
1. Chair Asm. Kevin McCarty (Chair of Senate Public Safety Committee), 
916-319-2006
 
2. Vice Chair Asm. Juan Alanis (Vice Chair of Senate Public Safety Committee), 
916-319-2022
3. Asm. Tom Lackey (member of Senate Public Safety Committee)
916-319-2034
4. Asm. Stephanie Nguyen (member of Senate Public Safety Committee),
916-319-2010 
Link to send email: https://a10.asmdc.org/contact
 
5. Eloise Gomez (member of Senate Public Safety Committee), 
916-319-2050
 
6. Asm. Philip Ting (member of Senate Public Safety Committee), 
916-319-2019
Link to send email: https://a19.asmdc.org/contact-me
 
7. Asm. Lori Wilson (member of Senate Public Safety Committee), 
916-319-2011
Link to send email: https://a11.asmdc.org/contact-me-0
 
8. Asm. Rick Chavez Zbur (member of Senate Public Safety Committee).
 916-319-2051
Link to send email: https://a51.asmdc.org/contact
 
9. Sen. Pro Tempore Mike McGuire
916-651-4002
Link to send email: https://sd02.senate.ca.gov/contact
 
10. Gov. Gavin Newsom
916-445-2841
Here’s sample language for an email or call:
 
I write in support of SB 1414 which will make it a felony to solicit, agree to engage in, or engage in any act of commercial sex with a minor. SB 1414 will help strengthen protections for the thousands of minor victims who are purchased for sex.
 
There is no such thing as a child receiving money from a grown adult and saying its consensual sex. The reality is that these children, who are unable to consent to their own exploitation, are victims of sex trafficking. SB 1414 will give a voice to the children who have suffered from this horrific abuse. 
 
California has failed to make the actions of the buyer of sex with a child a serious crime. It takes two criminals to commit the crime of child sex trafficking: a buyer and a seller. Buying sex from a child is a serious crime and should be a felony.
 
For all of the reasons stated above, I support SB 1414 and urge you to RESTORE the bill to it’s original intent. 
 
Pamela Estes
Human Trafficking program Coordinator, San Mateo County
650-743-4351 cell, pestes@smcgov.org