SACRAMENTO — The state Assembly on Thursday unanimously passed legislation to strengthen criminal penalties for soliciting 16- and 17-year-olds for sex, a crime measure that set off weeks of political turbulence at the state Capitol.
The original author of the bill, Assemblymember Maggy Krell (D-Sacramento), said she wanted to target demand by cracking down on perpetrators as well as increasing protections for victims. Her legislation, in part, would have given prosecutors the ability to charge offenders who buy sex from older teens as a felony or a misdemeanor.
Controversy erupted in April when Democrats, after a committee hearing, voted to strip the felony provision out of the bill in cases involving 16- and 17-year-olds.
That action created a firestorm of criticism on social media and drew a swift rebuke from Republican lawmakers and Gov. Gavin Newsom. Democrats cut a deal last week amid public pressure, adjusting the penalties to apply only to offenders more than three years older than the victim.
“This is our solution to one of the most prevalent problems in the state of California, the exploitation and the trafficking of children,” Assemblyman Nick Schultz (D-Burbank), chair of the Assembly Committee on Public Safety, told his colleagues before the vote.
Schultz acknowledged that the bill went through a “messy” process, but ultimately will help protect children. The legislation now heads to the state Senate for consideration.
Existing law already penalizes solicitation of a minor under 16 as a misdemeanor or felony on the first offense and as a felony on subsequent offenses.
During the debate on Thursday, Assemblymember Pilar Schiavo (D-Chatsworth) became emotional while speaking in support of the bill and sharing that as a child she was a victim of sexual abuse. As she paused to collect herself, colleagues gathered around her, and she tearfully described testifying against her predator in court, and then living next door to him in high school after he was released.
“This experience continues to shape my views and actions when it comes to protecting children and victims of crime, and it’s one of the reasons I will always stand on the side of creating more support for victims and creating accountability for predators,” she said.
Assemblymember LaShae Sharp-Collins (D-San Diego), who said she supported the bill but hoped for further changes, expressed concerns that the bill criminalizes loitering with the intent to buy sex, arguing that it could be used disproportionately by law enforcement on minorities and the poor.
“When laws are vague, they are ripe for profiling,” Sharp-Collins said, “and I’m truly worried about Black, brown and the LGBTQIA+ individuals being overly policed and targeted for their mere presence in the area without them actually doing anything criminal.”
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