California Democratic lawmakers strike deal on solicitation of minors legislation

SACRAMENTO — Assembly Democrats walked back opposition to a controversial bill that would increase the penalty for soliciting a minor aged 16 or 17, a change that comes after they faced a barrage of criticism from Republicans and a rebuke from Gov. Gavin Newsom.

The new amendments to the legislation, AB 379, would allow prosecutors to file felony charges against adults who solicit sex from a 16- or 17-year-old. If the accused is three years older than the minor, they can be charged with a felony. If the offender is within three years of the minor, the charge is a misdemeanor.

The bill will now include a state grant program to help streamline prosecution in human trafficking and sex trafficking cases, and a support fund for survivors, partially funded by increased fines for businesses that ignore or aid in human trafficking.

Current law allows the offense of soliciting a minor under 16 for sex to be punishable as a misdemeanor or a felony on the first offense and as a felony on subsequent offenses.

Assemblymember Maggy Krell (D-Sacramento), authored AB 379 to extend the same punishment to those who solicited 16- and 17- year-olds. Last week, the Democratic-led Assembly approved an amendment that removed that provision, which Krell opposed.

On Tuesday, Krell released a statement supporting the Democratic leadership’s new changes.

“I’m looking at this from a prosecutor’s standpoint — this bill strengthens California law and gives us the felony hammer to prosecute the creeps that are preying on teenagers,” she said in a statement.

Krell temporarily allied herself with Republicans last week when she was given two options — amend the bill without the increased felony charges, or let it die in committee. Democrats defended the amendment despite comments from Newsom, who said that anyone who solicits a minor should be charged with a felony.

“The law should treat all sex predators who solicit minors the same — as a felony, regardless of the intended victim’s age,” Newsom said in a statement last week. “Full stop.”

Republicans launched an ad campaign Monday before the deal was announced, attacking some Democrats for voting against protecting children.

“That’s how these folks voted, you know?” Republican minority leader James Gallagher of Yuba City said after the deal was struck. “They abandoned 16- or 17-year olds.”

He called the move a “total cave” from Democratic leadership based on pressure from the public and the Republican party.

“This new language, it’s a capitulation. It is an admission that they were wrong to do what hey did and they have now changed course completely,” he said.

Jim Cooper, sheriff of Sacramento County, called the misdemeanor charge for soliciting an older minor “the equivalent of a traffic ticket” on social media.

Previously, public safety committee chair Assemblymember Nick Schultz (D-Burbank) had said he would hold informational hearings about the provision in the fall, citing the idea that young teens could face unintended felony charges for consensual relationships and could make sex trafficking more dangerous for victims, although opponents criticized the argument for opaque and unclear foundations compared to the crimes it would punish.

The bill, in its amended form, is still under consideration in the Assembly.