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Democratic lawmakers reject making child sex trafficking a felony crime in California

Republican state Sen. Grove alleges that members of the Blue Party "hijacked" and "watered down" her initial proposal without her consent.

Imagen con carpetillas del Senado estatal de California.

(AFP/Brittany Hosea-Small)

Published by
Israel Duro

Democratic lawmakers on the California Senate Public Safety Committee rejected a bill to make it a felony to solicit or purchase children for sexual purposes. Republican Senator Shannon Grove, proponent of the a priori bipartisan rule, accused members of the Blue Party of instead proposing minimal penalties, such as fines or reduced county jail time.

A bill hijacked and watered down by the democrats

Grove lamented that most Democratic members of the committee "hijacked" her proposal and "forced me to accept amendments I did not agree with and watered down my bill to allow a fine or minimum county jail time," she wrote on her X account. The conservative lawmaker shared on the networks the final text, without the "felony" consideration and with light penalties. "Now, instead of making the purchase of all children a felony, the committee has made the solicitation or purchase of children for sex punishable by a wobbler, which can still be charged as a misdemeanor, punishable by as little as 2 days in jail or up to a $10,000 fine" the senator said in a statement.

The original proposal provided for prison sentences ranging from 2 to 4 years

A text that contrasts markedly with the original wording presented by Grove, which made it a "felony" with "a penalty of two, three or four years in state prison, and/or a fine not exceeding $25,000, regardless of whether the defendant knew or should have known the person was a minor."

SB 1414 states that any individual who solicits, agrees to engage in, or engages in any act of commercial sex with a minor will face felony charges. If passed, this law will hold these offenders accountable under strict liability (meaning buyers can’t just claim they thought the child was of age) and they will face imprisonment in the state prison, along with fines up to $25,000 and mandatory registration as a sex offender. We must continue to shed light on the darkness of human trafficking, bring justice and protection to those who are most vulnerable. We are sending a clear message with SB 1414– Not one more child should have to suffer at the hands of those who seek to exploit and harm them.

Democrats put their ideology first "at the expense of California's most vulnerable"

In statements collected by California Globe, Grove lamented that Democrats continue to preach their soft-handed policy with criminals and acknowledged feeling betrayed: "I’m incredibly disappointed that not only did my colleagues reject my proposal to make the buying of children for sex a prison felony, but that I was blindsided when they amended my bill without my consent."

Children of all ages deserve to be protected under the law and a simple fine after buying a child for sex is not an appropriate punishment. Californians across the state have made their voices heard and they want this law changed. Unfortunately, the members of the public safety committee continue their soft on crime approach at the expense of California’s most vulnerable, our children.

Democratic stance on child trafficking is not new

The Democrats' stance is nothing new. Last year Blue Party members on the Assembly Public Safety committee rejected the passage of a bill - also by Grove - previously passed unanimously in the Senate to address the trafficking of minors. The rule went ahead after the direct intervention of Gavin Newsom, overruling legislators of his own party and calling for a new vote, in which, with some nuances, he managed to get through.

However, the California governor had earlier signed state senator Scott Wiener's SB145, which protected sex offenders who have sex with a minor:

This bill states non-forcible sodomy, oral copulation, and sexual penetration with a minor do not require mandatory sex offender registration unless there is a ten-year gap between the minor and the other person. However, a court may still require registration if it deems appropriate. These offenses, when committed without force, where the minor was a willing participant and under the age of 14 are sometimes referred to as “Hofsheier offenses.” People v. Hofsheier (2006) 37 Cal.4th 1185 held that requiring mandatory sex offender registration for one such an offense – oral copulation – was unconstitutional if the state did not also require registration for a person convicted non-forcible sexual intercourse with a minor because it made an illegal distinction based on the sex act itself.

California, the national leader in human trafficking cases

As reported by Grove in SB14, "California consistently ranks number one in the nation in the number of human trafficking cases reported to the National Human Trafficking Hotline. The California Attorney General notes that California is one of the largest sites for human trafficking in the United States, recognizes the serious nature of this crime, and has defined it as 'modern day slavery.' Human trafficking is among the world’s fastest growing criminal enterprises and is estimated to be a $150 billion-a-year global industry. It is a form of modern day slavery that profits from the exploitation of our most vulnerable populations."

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