Despite Newsom’s objections, Democrats approve striking penalty for soliciting older teens from bill
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SACRAMENTO — Despite California Gov. Gavin Newsom’s objections, Democratic state lawmakers on Thursday approved changes to a bill that removed tougher penalties for soliciting 16- or 17-year-olds for sex on Thursday.
The controversial action came after a heated debate on the floor of the Assembly, peppered with literal finger-pointing and shouting, with Republicans accusing Democrats of being soft on sex offenders and Republicans coming under fire for playing politics. After days of criticism, Democrats pledged to continue working on the issue this year.
“It’s crazy. Why? Somebody on this floor, give me an example. Give me one good reason why we should treat [16- and 17-year-olds] differently. You can’t,” Republican minority leader James Gallagher (R-Yuba City) said Thursday.
Current law allows the offense of soliciting a minor under the age of 16 for sex to be punishable as a misdemeanor or a felony on the first offense and as a felony on subsequent offenses.
The bill, AB 379, included a provision that would extend the same punishment to suspects who solicited 16- and 17- year-olds. On Thursday, the Democratic-led Assembly approved an amendment adopted by a committee earlier in the week that removed that provision. Democrats also added language to the bill that said it was the Legislature’s “intent” to strengthen protections for older teens, which does not affect how the charge of soliciting minors will be prosecuted. The amendment also removed the name of the original author of the bill, Assemblymember Maggy Krell (D-Sacramento). The proposed legislation remains pending in the Assembly.
Speaker Robert Rivas (D-Hollister) did not speak during the debate, but circulated a statement throwing his “full support” behind the amendments.
This marks the second year in a row that Democrats in the Legislature have refused to extend felony charges to soliciting older teens. The effort to scrap the provision to stiffen penalties drew sweeping criticism from the governor and on social media. Newsom this week said the law should treat all sex predators who solicit minors the same — as a felony.
‘The law should treat all sex predators who solicit minors the same — as a felony, regardless of the intended victim’s age,’ Gov. Gavin Newsom said.
“What a sad state of affairs it is when Governor Gavin Newsom has to be the voice of reason,” Assemblymember Josh Hoover (R-Folsom) said Thursday morning.
Assemblymember and public safety chair Nick Schultz (D-Burbank) pointed to concerns that enhanced punishments could be used to target children in LGBT or interracial relationships that their families disapprove of, although it was unclear how common those cases are seen. Schultz pledged to continue to working on adopting harsher penalties this year.
Staff writer Taryn Luna contributed to this report.
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