BILL ANALYSIS Ó
AB 1791
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1791 (Maienschein) - As Amended: May 7, 2014
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases the penalty for solicitation of
prostitution, when the person being solicited is a minor, from
six months in the county jail and/or a fine of up to $1,000, to
one year in the county jail and/or a fine of up to $2,000.
FISCAL EFFECT
Unknown nonreimbursable local incarceration costs, offset to a
degree by increased fine revenue. In most cases, offenders will
receive probation and pay fines.
COMMENTS
1)Rationale . The author contends that increasing the penalties
for soliciting a minor will help reduce human trafficking.
According to the author, " Increasing the maximum sentence to
12 months for soliciting or engaging in an act of prostitution
with a minor will be making important progress towards
addressing the demand for young girls and boys who are often
victims of human trafficking. As many may be aware, human
trafficking is a growing problem across the United States,
including right here in California. The trafficking of minors
is appalling and must be addressed in any way possible to
positively affect all aspects of this terrible practice. We
hope to provide a deterrent with this increased sentence that
may prevent some desire and demand for these young victims of
human trafficking and stop the often forced prostitution of
our vulnerable youth."
AB 1791
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2)A lack of penalties is generally not a problem. Existing
penalties for sex with a minor are not insignificant and most
include lifetime registration as a sex offender. This bill
would cover incidents where the minor is solicited, but no
sexual or illicit touching occurs. Otherwise, considerably
more severe penalties apply. For example, existing penalties
for unlawful sexual intercourse with a minor include:
a) If the defendant is more than three years older than the
minor, the offense is an alternate felony/misdemeanor,
punishable by up to one year in county jail and/or a fine
of up to $1,000, or by both, or by 16 months, two years or
three years in prison and/or a fine of up to $10,000.
b) If the defendant is at least 21 years of age and the
minor is under the age of 16, the offense is an alternate
felony/misdemeanor, punishable by a jail term of up to one
year, a fine of up to $1,000, or 16 months, two years or
three years in prison and/or a fine of up to $10,000.
c) Seeking to procure a prostitute, if the prostitute is
under 18 years of age, carries a fine of up to $25,000.
d) Engaging in lewd conduct with a child under the age of
14 is a felony, punishable by three, six, or eight years in
prison. If the offense involves force or coercion, the
prison term five, eight, or 10 years.
e) Engaging in lewd conduct with a child who is 14 or 15
years old, if the offender is at least 10 years older than
the child, is an alternate felony-misdemeanor, punishable
by up to one year in county jail and/or a fine of up to
$1,000, or by 16 months, two, three years in prison and/or
a fine of up to $10,000.
f) Sexual intercourse with a minor with no aggravating
elements, and the offender is at least three years older
than the minor, is an alternate felony/misdemeanor,
punishable by up to one year in county jail and/or a fine
of up to $1,000, or 16 months, two, or three years in
prison.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 1791
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