In California, a heated debate erupted this week within the state legislature regarding whether to impose stricter penalties for individuals soliciting and buying sex from minors aged 16 and 17.
Republicans, along with some moderate Democrats, advocated for stronger measures to assist law enforcement in pursuing offenders targeting older teenagers for sex.
Concerns were raised, however, that such measures could be exploited by upset parents to target interracial or LGBTQ+ relationships involving older teens.
This contentious issue reached a critical point on Thursday when Republicans lobbied for the proposed policy during an Assembly session.
The majority of Democrats dismissed this effort but pledged to introduce a new proposal aimed at addressing the matter in the near future.
Currently, under California law, it is classified as a felony for adults to contact someone under the age of 18 for the purpose of engaging in sexual activities.
Crimes such as soliciting a minor who is a victim of human trafficking, sexting, and engaging in sexual acts with a minor when the age gap exceeds three years are considered felonies.
Additionally, trafficking minors is deemed a “serious” crime in the state, carrying severe penalties under California’s “three strikes law,” which can result in sentences ranging from 25 years to life imprisonment.
Assembly Speaker Robert Rivas emphasized California’s leading position in enacting stringent anti-trafficking legislation.
The proposed changes focused on expanding existing legislation signed by Governor Gavin Newsom last year, which only covered minors aged 15 or younger when addressing sex trafficking.
As it stands, the law categorizes soliciting sex from older teenagers as a misdemeanor.
Assemblymember Maggy Krell, a Democrat with prosecutorial experience, proposed extending the current law to encompass older teens, stressing that minors under 18 exploited for sex are victims and should receive equivalent protection under California law.
Krell stated that instances of older teens being purchased for sex should be classified as rape and treated as a felony to align with federal standards.
Despite these intentions, some Democrats opposed the change.
The Assembly Public Safety Committee amended Krell’s proposal, removing the felony classification for soliciting sex from older teens, voicing concerns about unintended repercussions.
Leigh LaChapelle of the Coalition to Abolish Slavery & Trafficking cautioned lawmakers that the legislation might target older teens within interracial or LGBTQ+ relationships unjustly.
During the legislative debate, Democrats emphasized the importance of granting prosecutors discretion when determining penalties.
Criticism arose from Governor Newsom, his partner Jennifer Siebel Newsom, and Lieutenant Governor Eleni Kounalakis, who argued for uniform felony treatment for all offenders soliciting minors, regardless of the victim’s age.
The legislative process continues as moderate Democrats, including Krell, joined Republicans and voted against their party’s stance on Thursday.
Instead, Democrats supported an amendment expressing their intent to implement robust laws safeguarding 16- and 17-year-old victims in the future.
Assemblymember Nick Schultz, the Public Safety Committee chair, expressed his dedication to bringing a revised proposal forward this year.
“We will have a solution,” Schultz promised.
“That’s my commitment.”