BILL ANALYSIS Ó
AB 526
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ASSEMBLY THIRD READING
AB
526 (Holden)
As Introduced February 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+---------------------|
|Public Safety |6-0 |Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago, | |
| | |Thurmond | |
| | | | |
| | | | |
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SUMMARY: Increases the fine for the crime of abducting a minor
for prostitution from a maximum of $2,000 to a maximum of $5,000.
EXISTING LAW:
1)Provides that every person who takes away any other person under
the age of 18 years from the parent, guardian, or other person
having the legal charge of the other person, without their
consent, for the purpose of prostitution, is punishable by
imprisonment in the state prison and a fine not exceeding
$2,000.
2)States that upon conviction of any person for a violation of
either procurement of a child under 16 for lewd or lascivious
acts or abduction of a minor for purposes of prostitution, the
court may impose an additional fine not to exceed $25,000.
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3)States that a person who, for the purpose of committing a lewd
or lascivious act, persuades or entices by false promises,
misrepresentations, or the like, any child under 14 years of
age, to go out of the country, state, county, or into another
part of the same county, is guilty of kidnapping.
4)Provides that when a person is convicted of kidnapping a victim
under 14 years of age, the kidnapping is punishable by
imprisonment in the state prison for five, eight, or 11 years.
5)Provides that where a person is convicted of pimping or
pandering involving a minor the court may order the defendant to
pay an additional fine of up to $5,000. In setting the fine,
the court shall consider the seriousness and circumstances of
the offense, the illicit gain realized by the defendant and the
harm suffered by the victim. The proceeds of this fine shall be
deposited in the Victim-Witness Assistance Fund and made
available to fund programs for prevention of child sexual abuse
and treatment of victims.
6)States any person who, knowing another person is a prostitute,
lives or derives support or maintenance in whole or in part from
the earnings or proceeds of the person's prostitution, or from
money loaned or advanced to or charged against that person by
any keeper or manager or inmate of a house or other place where
prostitution is practiced or allowed, or who solicits or
receives compensation for soliciting for the person, when the
prostitute is a minor, is guilty of pimping a minor, a felony,
and shall be punishable as follows:
a) If the person engaged in prostitution is a minor over the
age of 16 years, the offense is punishable by imprisonment in
the state prison for three, four, or six years.
b) If the person engaged in prostitution is under 16 years of
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age, the offense is punishable by imprisonment in the state
prison for three, six, or eight years.
7)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
felony violation of enticement of a minor into prostitution,
pimping or pandering, abduction of a minor for the purposes of
prostitution, child pornography, or extortion, is guilty of
human trafficking, and shall be punished by imprisonment in the
state prison for eight, 14, or 20 years and a fine of not more
than $500,000.
8)States that any person who causes, induces, or persuades, or
attempts to cause, induce, or persuade, a person who is a minor
at the time of commission of the offense to engage in a
commercial sex act, with the intent to effect or maintain a
violation of enticement of a minor into prostitution, pimping or
pandering, abduction of a minor for the purposes of
prostitution, child pornography, or extortion, is guilty of
human trafficking, and shall be punishable by imprisonment in
the state prison as follows:
a) Five, eight, or 12 years and a fine of not more than
$500,000.
b) Fifteen years to life and a fine of not more than $500,000
when the offense involves force, fear, fraud, deceit,
coercion, violence, duress, menace, or threat of unlawful
injury to the victim or to another person.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "For more than 30 years, the
penalty for committing abduction for the purposes of prostitution
has not been increased to match the growing criminal enterprise of
human trafficking. AB 526 would increase the penalty threshold of
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committing abduction for the purposes of prostitution from up to a
$2,000 fine to up to a $5,000 fine."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0000185