BILL ANALYSIS Ó
AB 12
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Date of Hearing: May 5, 2011
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Ammiano, Tom, Chair
AB 12 (Swanson) - As Introduced: December 6, 2010
As Proposed to be Amended in Committee
PENDING FOUR-DAY FILE NOTICE WAIVER
SUMMARY : Creates an additional fine of up to $25,000 ($92,603
with penalty assessments) for any person convicted of
procurement of a minor, under the age of 18, for the purposes of
engaging in prostitution. Specifies that the fine shall be
available to fund programs and services for commercially
sexually exploited minors in the counties where the offenses are
committed. Specifically, this bill :
1)States that any person convicted of seeking to procure or
procuring the sexual services of a prostitute if the
prostitute is under 18 years of age, shall be ordered by the
court, in addition to any other penalty or fine imposed, to
pay an additional fine not to exceed $25,000.
2)Specifies that, upon appropriation by the legislature, the
fine shall be available to fund programs and services for
commercially sexually exploited minors in the counties where
the offenses are committed.
3)Finds and declares the following:
a) Sexual slavery of minors through human trafficking is
one of the most sophisticated forms of organized crime in
the country and is now globally recognized as a modern day
form of slavery.
b) Human trafficking and sexual exploitation involve the
recruitment, transportation, and sale of people, primarily
women and children, to work in the sex trade. California
has become a major hub of international and domestic
interstate human trafficking.
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c) A United States Department of Justice study estimates
that over 300,000 American children are at risk of being
forced into prostitution. Human trafficking and child
sexual exploitation are not phenomena exclusive to
countries outside the United States or to states other than
California. It is a universal crisis that is occurring in
our own backyards and in our city streets in broad
daylight.
d) Children are not safe from trafficking and exploitation
in California. Some of the children trafficked are as young
as four years old, but many more are only 11 or 12 years of
age.
e) Researchers agree that internationally the median age
for the entrance of girls into prostitution is 14 years of
age. In the United States, the ages vary from state to
state, and in California the average age is about 12 years
old.
f) The business of the trafficking of children would not
exist without the demand for the services of those children
by the men and women who purchase those services on the
streets. California needs to increase the fines against
persons who engage children in these illicit activities.
g) It is the intent of the Legislature in enacting the
Abolition of Child Commerce, Exploitation, and Sexual
Slavery Act of 2011 to recast the state's laws relating to
human trafficking and child sex slavery to treat the
trafficked children as victims, rather than prostitutes. It
is also the intent of the Legislature that the ACCESS Act
of 2011 will ensure that persons funding the illicit
activities of human traffickers and paying for the services
of child sex slaves are treated as severely under the law
as an adult engaging in a sex act with a minor. The
predator should be dealt with the same, regardless of
whether that person is paying for the sexual services of
the minor he or she is abusing.
h) It is the intent of the Legislature that the ACCESS Act
Of 2011 further these purposes and also ensure that these
victimized children are given access to proper treatment
and the resources they need to be safe from the men and
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women who exploit them commercially.
EXISTING LAW :
1)Defines "unlawful sexual intercourse" as an act of sexual
intercourse (consensual or nonconsensual) accomplished with a
person who is not the spouse of the perpetrator, if the person
is a minor. For the purposes of this section, a "minor" is a
person under the age of 18 years and an "adult" is a person 18
years of age or older. ÝPenal Code Section 261.5(a).]
2)Provides that any person who engages in an act of unlawful
sexual intercourse with a minor who is not more than three
years older or three years younger than the perpetrator, is
guilty of misdemeanor statutory rape. ÝPenal Code Section
261.5(b).]
3)Specifies that it is misdemeanor disorderly conduct when any
person who solicits or who agrees to engage in or who engages
in any act of prostitution. A person agrees to engage in an
act of prostitution when, with specific intent to so engage,
he or she manifests an acceptance of an offer or solicitation
to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to
engage in prostitution. No agreement to engage in an act of
prostitution shall constitute a violation of this subdivision
unless some act, in addition to the agreement, is done within
this state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that act. As
used in this subdivision, "prostitution" includes any lewd act
between persons for money or other consideration. ÝPenal Code
Section 647(b).]
4)Defines "substantial sexual conduct" as penetration of the
vagina or rectum of either the victim or the offender by the
penis of the other or by any foreign object, oral copulation,
or masturbation of either the victim or the offender. ÝPenal
Code Section 1203.066(b).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "The average age
of a child entering the sex industry is 12 years old, with
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some of the most horrific cases involving children as young as
4 years old. Annually, over 300,000 minors are captive
victims of traffickers and the customers engaging in these
illicit activities keep the industry alive.
"The Abolition of Child Commerce, Exploitation, and Sexual
Slavery Act of 2011 (AB 12) raises to $25,000 the fine against
a person convicted of engaging in sex with a minor for money.
Under current law, the fines for such activities are less than
those for a person engaging in sex with a minor without the
exchange of money.
"No amount of money could ever make up for the violence and
mental abuse that sexually exploited minors experience from
the traffickers who force them into the sex industry and the
men who pay for their sexual services. However, the increased
fines which would be assessed against 'Johns' in accordance
with this bill, would be dedicated to community agencies that
provide education, counseling, and shelter for sexually
exploited minors."
2)Nearly a $100,000 Discretionary Additional Fine : With state
and local budget constraints in recent years, penalty
assessments have become a way for California and its counties
to raise needed funds. Currently, penalty assessments are
270% of the base fine, with a flat $103 added to each fine.
Calculation of penalty assessments on a base fine of $25,000:
Base Fine: $25,000
Penal Code 1464 Assessment: $25,000($10 for
every $10 in fines)
Penal Code 1465.7 Assessment: 5,000(20%
surcharge)
Penal Code 1465.8 Assessment: 40($40 fee
per fine)
Government Code 70372 Assessment: 12,500($5 for
every $10 in fines)
Government Code 76000 Assessment: 17,500($7 for
every $10 in fines)
Government Code 76000.10 Assessment: 4($4 fee
per fine)
Government Code 76000.5 Assessment: 5,000 ($2 for
every $10 in fines)
AB 12
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Government Code 76104.6 Assessment: 2,500($1 for
every $10 in fines)
Vehicle Code 42007.1(a) Assessment: 49($49
fee per fine)
Vehicle Code 40508.6 Assessment: 10($10
fee per fine)
Total Fine with Assessment: $92,603
3)Findings that Minors Engaged in Acts of Prostitution are Not
Criminals : This bill finds and declares that following:
"It is the intent of the Legislature in enacting the Abolition
of Child Commerce, Exploitation, and Sexual Slavery Act of
2011 to recast the state's laws relating to human trafficking
and child sex slavery to treat the trafficked children as
victims, rather than prostitutes. It is also the intent of
the Legislature that the ACCESS Act of 2011 will ensure that
persons funding the illicit activities of human traffickers
and paying for the services of child sex slaves are treated as
severely under the law as an adult engaging in a sex act with
a minor. The predator should be dealt with the same,
regardless of whether that person is paying for the sexual
services of the minor he or she is abusing. It is the intent
of the Legislature that the ACCESS Act of 2011 further these
purposes and also ensure that these victimized children are
given access to proper treatment and the resources they need
to be safe from the men and women who exploit them
commercially."
However, this bill does not modify the code sections related to
prostitution to indicate that minors who engage in those acts
are exempt. It is unclear if this bill legalizes prostitution
for minors.
4)Argument in Support : According to the Junior Leagues of
California , "Ýi]n light of increasing cases of minor
prostitution and human trafficking, and worsening budget
crisis for the state and support organizations, this bill will
be critical to help deter human trafficking and minor
prostitution crimes, and will provide the funding so very
necessary to support witnesses and victims."
5)Argument in Opposition : According to the California Public
Defenders Association , "Ýt]he language is mandatory and does
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not include language stating a fine 'up to' but requires
$25,000 as the fine per se. A person who procures the
services of a minor under the age of 16 is also subject to the
$25,000 fine, regardless of the age of the defendant, and
regardless of whether the defendant knew or reasonably knew
the child prostitute to be 16 - for example, what if the girl
represented herself to be only 18?"
6)Prior Legislation : AB 17 (Swanson), Statutes of 2009, Chapter
211, increased the maximum fine for pimping, pandering, or
procurement from $5,000 to $20,000. All mandatory minimum
fines were removed from AB 17 in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
California Against Slavery
California Catholic Conference
California National Organization for Women
California Nurses Association
California Teachers Association
Child Abuse Prevention Center
Children's Advocacy Institute
Concerned Women for America
Crime Victims United
Junior Leagues of California
National Association of Social Workers, California Chapter
National Organization for Women
Polaris Project
12 private individuals
Opposition
California Public Defenders Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
AB 12
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