BILL ANALYSIS Ó
AB 2327
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ASSEMBLY THIRD READING
AB
2327 (Cooley)
As Amended March 28, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 2327
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SUMMARY: Expands the crime of communicating with a minor with
the intent to commit specified sexual offenses with the minor to
include attempting to contact or communicating with a minor with
the intent to commit human trafficking.
EXISTING LAW:
1)Specifies that every person who contacts or communicates with
a minor, or attempts to contact or communicate with a minor,
who knows or reasonably should know that the person is a
minor, with intent to commit any of the following offenses
involving the minor shall be punished by imprisonment in the
state prison for the term prescribed for an attempt to commit
the intended offense. The offenses included in this section
are listed as follows:
a) Kidnapping;
b) Kidnapping for ransom, reward, extortion, robbery, or
rape;
c) Rape;
d) Rape by a foreign object;
e) Willful harm or injury to a child;
f) Sodomy;
g) Lewd and lascivious acts with a minor;
h) Oral copulation;
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i) Harmful matter sent to minor;
j) Forcible sexual penetration; and
aa) Child pornography.
2)Provides that the punishment for the offense of contacting or
communicating with a minor is the same as an attempt to commit
the crime. California criminal law dictates that the
punishment for attempt is generally one half the sentence of
the completed crime.
3)Specifies that "contacts or communicates with" shall include
direct and indirect contact or communication that may be
achieved personally or by use of an agent or agency, any print
medium, any postal service, a common carrier or communication
common carrier, any electronic communications system, or any
telecommunications, wire, computer, or radio communications
device or system.
4)Provides that a person convicted of a violation of contacting
or communicating with a minor who has previously been
convicted of a violation the same offense shall be punished by
an additional and consecutive term of imprisonment in the
state prison for five years.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, according to the California Department of
Corrections, the contracted out-of-state bed rate is $29,000.
If every year, two individuals serve four additional years in
state prison, the first year cost will be $58,000, $116,000 the
second, $174,000 the third, and $232,000 every year thereafter.
This cost will be further increased by an additional $29,000 if
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the five year enhancement is applied to a repeat offender.
This bill results in 2.5 years, 4 years, or 6 years and a fine
of $250,000 if an individual is convicted of contacting a minor
with the intent of human trafficking for specified sexual
purposes, this is half the punishment for the actual offense.
However, the five-year enhancement for repeat offense is not
halved.
COMMENTS: According to the author, "Human trafficking is a
profitable criminal industry. Unlike selling drugs, buying and
selling human beings is a crime that can repeat itself multiple
times. It is estimated that every year approximately 500,000
American youth are at-risk for being sold for sex in the United
States. Traffickers and exploiters who prey on children know no
boundaries; they are near schools, shopping malls, parks, foster
homes, and online. Child trafficking criminals are making use
of online resources, using technology to target their audience
more efficiently. AB 2327 helps law enforcement target
traffickers and 'Johns' more efficiently for their participation
in this industry."
Analysis Prepared by:
Gabriel Caswell/ PUB. S. / (916) 319-3744 FN:
0003134
AB 2327
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