BILL ANALYSIS Ó
SB 420
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Date of Hearing: June 14, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
420 (Huff) - As Amended April 27, 2015
SUMMARY: Divides the crime of prostitution into three specific
crimes based on whether the alleged offender is agreeing to
receive compensation for a lewd act, or whether the alleged
offender is agreeing to provide compensation for a lewd act.
Specifically, this bill: defines and divides the crime of
prostitution into three separate forms:
1)The defendant agreed to receive compensation, received
compensation, or solicited compensation in exchange for a lewd
act;
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2)The defendant provided compensation, agreed to provide
compensation, or solicited an adult to accept compensation in
exchange for a lewd act; and
3)The defendant provided compensation, or agreed to provide
compensation, to a minor in exchange for a lewd act,
regardless of which party made the initial solicitation.
EXISTING LAW:
1)Defines "unlawful sexual intercourse" as an act of sexual
intercourse accomplished with a person under the age of 18
years, when no other aggravating elements - such as force or
duress - are present. (Pen. Code, § 261.5, subd. (a).)
2)Provides the following penalties for unlawful sexual
intercourse:
a) Where the defendant is not more than three years older
or three years younger than the minor, the offense is a
misdemeanor;
b) Where the defendant is more than three years older than
the minor, 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 both, or by a prison term of 16 months, two
years or three years and a fine of up $10,000; or,
c) Where 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 both, or by a prison term
of 16 months, two years or three years and a fine of up
$10,000. (Pen. Code, § 261.5, subd (b)-(d).)
3)Provides that in the absence of aggravating elements each
crime of sodomy, oral copulation or penetration with a foreign
or unknown object with a minor is punishable as follows:
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a) Where the defendant is over 21 and the minor under 16
years of age, the offense is a felony, with a prison term
of 16 months, two years or three years.
b) In other cases sodomy with a minor is a wobbler, with a
felony prison term of 16 months, two years or three years.
(Pen. Code, §§ 286, subd. (b), 288a, subd. (b), 289, subd.
(h).)
4)Provides that where each crime of sodomy, oral copulation or
penetration with a foreign or unknown object with a minor who
is under 14 and the perpetrator is more than 10 years older
than the minor, the offense is a felony, punishable by a
prison term of three, six or eight years. (Pen. Code, §§ 286,
subd. (c)(1), 288a, subd. (c)(1), 289, subd. (j).)
5)Provides that any person who engages in lewd conduct - any
sexually motivated touching or a defined sex act - with a
child under the age of 14 is guilty of a felony, punishable by
a prison term of three, six or eight years. Where the offense
involves force or coercion, the prison term is five, eight or
10 years. (Pen. Code, § 288, subd. (b).)
6)Provides that where any person who engages in lewd conduct
with a child who is 14 or 15 years old, and the person is at
least 10 years older than the child, the person is guilty of
an alternate felony-misdemeanor, punishable by a jail term of
up to one year, a fine of up to $1,000, or both, or by a
prison term of 16 months, two years or three years and a fine
of up $10,000. (Pen. Code, § 288, subd. (c)(1).)
7)Includes numerous crimes concerning sexual exploitation of
minors for commercial purposes. These crimes include:
a) Pimping: Deriving income from the earnings of a
prostitute, deriving income from a place of prostitution,
or receiving compensation for soliciting a prostitute.
Where the victim is a minor under the age of 16, the crime
is punishable by a prison term of three, six or eight
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years. (Pen. Code, § 266h, subds. (a)-(b);
b) Pandering: Procuring another for prostitution, inducing
another to become a prostitute, procuring another person to
be placed in a house of prostitution, persuading a person
to remain in a house of prostitution, procuring another for
prostitution by fraud, duress or abuse of authority, and
commercial exchange for procurement. (Pen. Code, § 266i,
subd. (a).);
c) Procurement: Transporting or providing a child under 16
to another person for purposes of any lewd or lascivious
act. The crime is punishable by a prison term of three,
six, or eight years, and by a fine not to exceed $15,000.
(Pen. Code, § 266j.)
d) Taking a minor from her or his parents or guardian for
purposes of prostitution. This is a felony punishable by a
prison term of 16 months, two years, or three years and a
fine of up to $2,000. (Pen. Code, § 267.); and,
8)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.
(Pen. Code, § 266k, subd. (a).)
9)Provides that where a defendant is convicted of taking a minor
under the age 16 from his or her parents to provide to others
for prostitution (Pen. Code, § 267) or transporting or
providing a child under the age of 16 for purposes of any lewd
or lascivious act (Pen. Code § 266j), the court may impose an
additional fine of up to $20,000. (Pen. Code, § 266k, subd.
(b).)
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10)Provides that where a defendant is convicted under the Penal
Code of taking a minor (under the age of 18) from his or her
parents for purposes of prostitution (Pen. Code, § 267), or
transporting or providing a child under the age of 16 for
purposes of any lewd or lascivious act (266j), the court, if
it decides to impose a specified additional fine, the fine
must be no less than $5,000, but no more than $20,000. (Pen.
Code, § 266k, subd. (b).)
11)Provides that any person who solicits, agrees to engage in,
or engages in an act of prostitution is guilty of a
misdemeanor. The crime does not occur unless the person
specifically intends to engage in an act of prostitution and
some act is done in furtherance of agreed upon act.
Prostitution includes any lewd act between persons for money
or other consideration. (Pen. Code, § 647, subd. (b).)
12)Provides that if the defendant agreed to engage in an act of
prostitution, the person soliciting the act of prostitution
need not specifically intend to engage in an act or
prostitution. (Pen. Code, § 647, subd. (b).)
13)Provides that where any person is convicted of a second
prostitution offense, the person shall serve a sentence of at
least 45 days, no part of which can be suspended or reduced by
the court regardless of whether or not the court grants
probation. (Pen. Code, § 647, subd. (k).)
14)Provides that where any person is convicted for a third
prostitution offense, the person shall serve a sentence of at
least 90 days, no part of which can be suspended or reduced by
the court regardless of whether or not the court grants
probation. (Pen. Code, § 647, subd. (k).)
15)Requires the California Department of Justice (DOJ) to
collect data from law enforcement agencies about "the amount
and types of offenses known to the public authorities." (Pen.
Code, §§ 13000 and 13002.) DOJ must:
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a) Prepare and distribute forms and electronic means for
reporting crime data;
b) Recommend the form and content of records to "ensure the
correct reporting of data?" and instruct agencies in the
collecting, keeping and reporting of crime data; and
c) Process, interpret and analyze crime data.
16)Requires law enforcement agencies, as specified, district
attorneys, the Department of Correction and other entities to
do the following: (Pen. Code, § 13020.)
a) Install and maintain records for reporting statistical
data; and
b) Report data to DOJ "in the manner [DOJ] prescribes."
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Research proves
that demand for sex acts drives the market for exploitation,
especially among children. Under current law, any person who
offers to engage in or engages in any act of prostitution is
guilty of disorderly conduct. It's time we call purchasing of
sex acts what it is and separate out the buyers from the
sellers, who more often than not - are victims of sex
trafficking.
"Currently there is no distinction in law between an adult who
is selling sexual acts, from the adult who is purchasing
sexual acts, or from an adult who is purchasing sex from a
minor. SB 420 focuses on the demand side of human
trafficking, by amending Penal Code Section 647, to separate
the buyers and sellers of human trafficking and prostitution.
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"SB 420 is a necessary first step in addressing the demand
side of human trafficking. By making a distinct separation in
the Penal Code, between the individuals involved in
prostitution, we can see real numbers that will tell us how
many children and adults are being purchased for sex. By US
Department of State estimates, sex trafficking is a $32
billion industry in this country and 50 percent of trafficking
victims are minors.
"Easy access to the Internet enables human beings to become
ensnared and sold across state lines. The FBI has determined
that three of the nations' thirteen High Intensity Child
Prostitution areas are located here in California. Data
generated by SB 420 is essential for crafting solutions to a
disturbing public safety enemy in our communities, especially
among at-risk youth. "
2)Sponsor and Author Seek to Focus Prosecution Efforts on The
Demand Side of Prostitution: The background provided by the
author and sponsor notes that the narrow or current purpose of
this bill is to collect data on the comparative numbers of
arrests in prostitution cases for 1) buyers of sex acts from
adults, 2) buyers of sex acts from minors, and 3) sellers of
sex acts. The author's background states that the broader
goal in this bill is to "focus on the demand side of human
trafficking?." These efforts are premised on the
understanding that prostitution is integral to and
inextricably tied to human trafficking.
It thus appears that the data from this bill will be used to
eventually support higher penalties for prostitution
purchasers. As the bill separates prostitution into
separately defined and charged offenses, different procedures,
penalties and other outcomes and goals can easily be amended
into the law. It remains to be seen whether treating
purchasers and buyers of sexual acts differently can reduce
human trafficking and provide needed services to sellers.
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3)Prostitution and Human Trafficking, Though Related, are not
Always the Same Thing: A growing number of policy discussions
are equating prostitution offenses with human trafficking
offenses. There is no doubt that the crimes are related,
however, they are not the same crime. A number of proposals
seek to treat all prostitution offenses more severely because
of the grave threat and nature of human trafficking. Human
trafficking is a very serious crime, involving forced
servitude, with very serious penalties. Most prostitution
offenses between a person who is soliciting a prostitute and
the prostitute themselves are misdemeanor crimes, which are
unrelated to human trafficking. Additionally, pimps and
panderers generally are treated more severely by the law, with
much more serious consequences than the prostitute or the
"john." Unlike the crimes of pimping and pandering, human
trafficking is a crime that generally involves some form of
force or coercion.
California has existing strict laws for the treatment of pimps
and panderers, as well as human traffickers. However, those
crimes are not the same and should not be treated the same.
Furthermore, not every person who solicits a prostitute is
engaged in the crime of human trafficking. In fact, the vast
majority are not purchasing a commercial sex act with a person
who is being forced to engage in the activity through the
auspices of human trafficking. Categorizing all "johns" as
human traffickers, or all pimps and panderers as human
traffickers, is unproductive in setting criminal justice
policy. Blurring the lines between the less severe crimes
related to prostitution, and the more severe crimes related to
human trafficking, weakens the severity of human trafficking
offenses. For instance, this committee has approved bills to
add human trafficking to the list of serious felonies.
However, if we continue to expand the definition of human
trafficking to include more minor prostitution-related
offenses the committee would have to re-evaluate in the future
whether it would still consider human trafficking a serious
felony.
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According to the Polaris Project, "Human trafficking is a form
of modern-day slavery where people profit from the control and
exploitation of others. As defined under U.S. federal law,
victims of human trafficking include children involved in the
sex trade, adults age 18 or over who are coerced or deceived
into commercial sex acts, and anyone forced into different
forms of 'labor or services,' such as domestic workers held in
a home, or farm-workers forced to labor against their will.
The factors that each of these situations have in common are
elements of force, fraud, or coercion that are used to control
people."
(< http://www.polarisproject.org/human-trafficking/overview >.)
Pimping under California law means receiving compensation from
the solicitation of a known prostitute. (Pen. Code, § 266h.)
Whereas pandering means procuring another person for the
purpose of prostitution by intentionally encouraging or
persuading that person to become or continue being a
prostitute. (Pen. Code, § 266i.) Oftentimes, pimps use
mental, emotional, and physical abuse to keep their
prostitutes generating money. Consequently, there has been a
paradigm shift where pimping and pandering is now viewed as
possible human trafficking.
This new approach has been criticized by some because it blurs
the line between human trafficking and prostitution. Sex
workers say it discounts their ability to willingly work in
the sex industry. (See Nevada Movement Draws the Line on
Human Trafficking by Tom Ragan, Las Vegas Review Journal, May
26, 2013, <
http://www.reviewjournal.com/news/las-vegas/nevada-movement-dra
ws-line-human-trafficking >.)
a) Prostitution Generally: The basic crime of prostitution
is a misdemeanor offense. (Pen. Code § 647(b).)
Prostitution can be generally defined as "soliciting or
agreeing to engage in a lewd act between persons for money
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or other consideration." Lewd acts include touching the
genitals, buttocks, or female breast of either the
prostitute or customer with some part of the other person's
body for the purpose of sexual arousal or gratification of
either person.
To implicate a person for prostitution themselves, the
prosecutor must prove that the defendant "solicited" or
"agreed" to "engage" in prostitution. A person agrees to
engage in prostitution when the person accepts an offer to
commit prostitution with specific intent to accept the
offer, whether or not the offerer has the same intent.
For the crime of "soliciting a prostitute" the prosecutors
must prove that the defendant requested that another person
engage in an act of prostitution, and that the defendant
intended to engage in an act of prostitution with the other
person, and the other person received the communication
containing the request. The defendant must do something
more than just agree to engage in prostitution. The
defendant must do some act in furtherance of the agreement
to be convicted. Words alone may be sufficient to prove
the act in furtherance of the agreement to commit
prostitution
Violation of Pen. Code § 647(b) is a misdemeanor. For a
first offense conviction of prostitution the defendant
faces up to 180 days in jail. If a defendant has one prior
conviction of prostitution he or she must receive a county
jail sentence of not less than 45 days. If the defendant
has two or more prior convictions, the minimum sentence is
90 days in the county jail.
In addition to the punishment described above, if the
defendant has a conviction of prostitution, he or she faces
fines, probation, possible professional licensing
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restrictions or revocations, possible immigration
consequences, possible asset forfeiture, and possible
driving license restrictions.
Closely associated crimes to prostitution include:
abduction of a minor for prostitution (Pen. Code 267);
seduction for prostitution (Pen. Code 266); keeping a house
of prostitution (Pen. Code 315); leasing a house for
prostitution (Pen. Code 318); sending a minor to a house of
prostitution (Pen. Code 273e); taking a person against that
person's will for prostitution (Pen. Code 266a); compelling
a person to live in an illicit relationship (Pen. Code
266b); placing or leaving one's wife in a house of
prostitution (Pen. Code 266g); loitering for prostitution
( Pen. Code 653.22 subd. (a) ); pimping ( Pen. Code 266h) ;
or, pandering ( Pen. Code 266i) . Most of these crimes are
punished much more severely than the underlying
prostitution offense, particularly the crimes of pimping,
pandering, and procurement.
b) Human Trafficking Generally: Human trafficking involves
the recruitment, transportation or sale of people for
forced labor. Through violence, threats and coercion,
victims are forced to work in, among other things, the sex
trade, domestic labor, factories, hotels and agriculture.
According to the January 2005 United States Department of
State's Human Smuggling and Trafficking Center report,
"Fact Sheet: Distinctions Between Human Smuggling and
Human Trafficking", there is an estimated 600,000 to
800,000 men, women and children trafficked across
international borders each year. Of these, approximately
80% are women and girls and up to 50% are minors. A recent
report by the Human Rights Center at the University of
California, Berkeley cited 57 cases of forced labor in
California between 1998 and 2003, with over 500 victims.
The report, "Freedom Denied", notes most of the victims in
California were from Thailand, Mexico, and Russia and had
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been forced to work as prostitutes, domestic slaves, farm
laborers or sweatshop employees. [University of
California, Berkeley Human Rights Center, "Freedom Denied:
Forced Labor in California" (February, 2005).] According
to the author:
"While the clandestine nature of human trafficking makes it
enormously difficult to accurately track how many people
are affected, the United States government estimates that
about 17,000 to 20,000 women, men and children are
trafficked into the United States each year, meaning there
may be as many as 100,000 to 200,000 people in the United
States working as modern slaves in homes, sweatshops,
brothels, agricultural fields, construction projects and
restaurants."
In 2012, Californians voted to pass Proposition 35, which
modified many provisions of California's already tough
human trafficking laws. The proposition increased criminal
penalties for human trafficking, including prison sentences
up to 15-years-to-life and fines up to $1,500,000.
Additionally, the proposition specified that the fines
collected are to be used for victim services and law
enforcement. Proposition 35 requires persons convicted of
trafficking to register as sex offenders. Proposition 35
prohibits evidence that victim engaged in sexual conduct
from being used against victims in court proceedings.
Additionally, the proposition lowered the evidential
requirements for showing of force in cases of minors.
i) Trafficking Victims Protection Act of 2000 (22 USC
Sections 7101 et seq.): In October 2000, the Trafficking
Victims Protection Act of 2000 (TVPA) was enacted and is
comprehensive, addressing the various ways of combating
trafficking, including prevention, protection and
prosecution. The prevention measures include the
authorization of educational and public awareness
programs. Protection and assistance for victims of
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trafficking include making housing, educational,
health-care, job training and other federally funded
social service programs available to assist victims in
rebuilding their lives. Finally, the TVPA provides law
enforcement with tools to strengthen the prosecution and
punishment of traffickers, making human trafficking a
federal crime.
ii) Recent Update to Human Trafficking Laws: In 2012,
Californians voted to pass Proposition 35, which modified
many provisions of California's already tough human
trafficking laws. Specifically, Proposition 35 increased
criminal penalties for human trafficking offenses,
including prison sentences up to 15-years-to-life and
fines up to $1.5 million. The proposition specified that
the fines collected are to be used for victim services
and law enforcement. In criminal trials, the proposition
prohibits the use of evidence that a person was involved
in criminal sexual conduct (such as prostitution) to
prosecute that person for that crime if the conduct was a
result of being a victim of human trafficking, and makes
evidence of sexual conduct by a victim of human
trafficking inadmissible for the purposes of attacking
the victim's credibility or character in court. The
proposition lowered the evidentiary requirements for
showing of force in cases of minors.
Proposition 35 also requires persons convicted of human
trafficking to register as sex offenders and expanded
registration requirements by requiring registered sex
offenders to provide the names of their internet
providers and identifiers, such as e-mail addresses, user
names, and screen names, to local police or sheriff's
departments. After passage of Proposition 35, plaintiffs
American Civil Liberties Union and Electronic Frontier
Foundation filed a law suit claiming that these
provisions unconstitutionally restricts the First
Amendment rights of registered sex offenders in the
states. A United States District Court judge granted a
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preliminary injunction prohibiting the implementation or
enforcement of Proposition 35's provisions that require
registered sex offenders to provide certain information
concerning their Internet use to law enforcement. [Doe
v. Harris (N.D. Cal., Jan. 11, 2013, No. C12-5713) 2013
LEXIS 5428.]
iii)California Attorney General's Report on Human
Trafficking: The California Attorney General's Human
Trafficking in California 2012 report stated that human
trafficking investigations and prosecutions have become
more comprehensive and organized. There are nine human
trafficking task forces in California, composed of local,
state and federal law enforcement and prosecutors.
Data on human trafficking has improved, although the data
still does not reflect the actual extent and range of
human trafficking. Data from 2010 through 2012 collected
by the California task forces are set out in the
following chart:
California Human Trafficking Task Forces Data
2010-2012
---------------------------------------------------------
|Investigations |2,552 |
| | |
| | |
|--------------------------------+------------------------|
|Victims Identified |1,277 |
| | |
| | |
|--------------------------------+------------------------|
|Arrests Made |1,798 |
| | |
| | |
---------------------------------------------------------
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Trafficking by Category
----------------------------------------------------------
|Sex Trafficking |56% |
| | |
| | |
|--------------------------------+-------------------------|
|Labor Trafficking |23% |
| | |
| | |
|--------------------------------+-------------------------|
|Unclassified or Insufficient |21% |
|Information | |
| | |
| | |
| | |
| | |
----------------------------------------------------------
4)Sexual Acts with Minors Regardless of the Payment of
Compensation Constitutes a Sex Crime: This bill would
separately define prostitution in which the person who
provides, agreed to provide, sexual services is a minor.
Sexual conduct with a minor constitutes a felony in most
instances, regardless of whether anything of value was offered
or exchanged for the sexual acts. If the minor involved in
commercial sex of was under the age of 14, the defendant has
committed the felony of lewd conduct, with a prison term of
three, six or eight years, or five, eight or 10 years if
coercion is involved (Pen. Code § 288, subds. (a) & (b).)
Soliciting an act of prostitution from a minor under the age
of 14 could likely be prosecuted as attempted lewd conduct.
The prison or jail term for an attempt is generally one-half
the punishment for the completed crime. Where the defendant
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solicited or employed a minor who was 14 or 15 years old, and
the defendant was at least 10 years older than the minor, the
defendant has committed an alternate felony-misdemeanor.
Any defined sex act - sodomy, sexual penetration, oral
copulation or sexual intercourse - with a minor is a crime.
The penalties depend on the relative ages of the defendant and
the minor and whether the crime involved some form of force,
coercion or improper advantage. A defendant charged with a
prostitution-related offense involving a minor could also be
charged and convicted of a sex crime in the same case.
Generally, because the defined sex crime and the sexual
commerce offense would involve a single transaction or act,
the defendant could only be punished for one offense - the
offense carrying the greatest penalty. (Pen. Code § 654.)
5)Accurate and Full Data Collection on Individually Defined
Forms of Prosecution: The narrow or initial purpose of this
bill is to collect data to determine how many adults are
arrested for and convicted of paying for sexual acts, how many
adults are arrested for and convicted of selling sexual acts
and how many adults are arrested for and convicted of paying
for sexual services from minors. The bill divides the
prosecution statute - Penal Code Section 647, subdivision (b)
- into three paragraphs reflecting each form of the crime. In
order for the data to be valuable and accurate, reporting
agencies will need to specifically note the paragraph under
which a defendant was arrested and convicted. Representatives
from DOJ explained: "The way [crime reports] appears in the
system is entirely dependent on the law enforcement agency or
court that enters the offense into the system. One agency may
enter PC 647(b)(2) while another may only enter PC 647(b)."
Prosecutors will likely record the specific paragraph under
which the defendant is convicted - PC 647 (b)(2) for example.
However, police officers and sheriff's deputies might not
specifically record the paragraph of arrest unless instructed
to do so. Further, it may not be apparent to officers and
deputies what specific form of prostitution would be charged
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by the prosecutor in any particular case. That could cause
some confusion and inaccuracy in the data.
Another impediment to full and accurate data collection is the
fact that sex with a minor is a crime. If a minor and an
adult are involved in a prostitution incident, numerous
outcomes involving sex crimes and prostitution could occur.
For example, the police could arrest both parties for
prostitution, but the prosecutor could charge the adult with a
sex crime, or prostitution, or both. The prosecutor could
charge the minor with no crime, or file a prostitution charge.
The adult could be initially charged with a sex crime but
plead guilty to a prostitution offense, perhaps if the minor
appeared to be an adult. In sum, it may be difficult to
determine the extent of prostitution involving minors from
arrest and conviction data. If committee members approve the
bill, they may wish to inquire as to whether DOJ should be
directed to instruct agencies on the reporting of prostitution
offenses. Committee members may also wish to inquire whether
it could be assured that prostitution involving minors could
be accurately reported and tracked.
6)Argument in Support: According to the Alameda County District
Attorney's Office, "I am urging you to support this important
legislation. This bill separates the buyers from the sellers
of human trafficking and prostitution. Human trafficking is
modern-day slavery. It is a serious, psychologically
destructive crime. Victims of human trafficking are faced
with tremendous survival and recovery issues. Victims of
human trafficking, especially minors, face great danger in
terms of physical safety, health risk exposures and homicide.
"Over the past few years laws have strengthened the ability to
prosecute traffickers. While prosecution is vital to removing
these predators from the community, challenges to stopping
human trafficking are much broader. As long as there is
demand, there will be an exploiter to fill it. Unfortunately
it is at the expense of the life, well-being and
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psychological, impact of those trapped in sexual slavery.
Individuals who purchase human beings for sex fuel the market
that traffickers supply with victims. Until we eliminate the
demand, the sex exploitation of our society's most vulnerable
girls, women and men and boys, will continue."
7)Argument in Opposition: According to the California Attorneys
for Criminal Justice, "SB 420 would define prostitution into
three separate crime, separating the buyers from the sellers.
SB 420 is unnecessary, essentially using different terminology
to define the same crime under present law.
"For example, the definition of 'prostitution' and the
requirement of an act beyond mere solicitation and agreement
are the same under current law, and in this bill. Although SB
420 breaks out solicitation by the prostitute from
solicitations by the "Johns," it is quite clear that both
aspects are covered by the current statute. If anything,
changing a long-standing definition could lead to confusion
and costly litigation challenging the application of the new
language as well as inconsistent sentencing by jurisdiction.
"Finally, it is concerning to our membership that the
definition of human trafficking is being overly expanded to be
used as a catch-all for conduct that has fundamentally been
considered as prostitution. Not all crimes involving sexual
activity are necessarily human trafficking. Human trafficking
triggers a visceral reaction. As legislation continues to
extend the boundaries of the definition, we do a disservice
victims of actual criminal trafficking as well as mislead the
public.
"Our criminal justice system was overloaded for too long as a
result of mis-categorizing classes of offenses. Unfortunately,
SB 420 suffers from the same defect. Human trafficking should
retain a very narrow definition and applied to circumstances
which the definition legitimately is applicable."
8)Related Legislation: AB 1708 (Gonzalez), defines and divides
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the crime of prostitution into three separate forms, in the
same manner as this bill. Additionally, AB 1708 imposes
stricter sentences on purchasers of prostitution services. AB
1708 is awaiting a hearing in Senate Public Safety.
9)Prior Legislation:
a) SB 1388 (Lieu), Chapter 714, Statutes of 2014, increased
fines related to the solicitation of an act of
prostitution, as specified. Initially the bill contained
provisions which separated out the crime of solicitation
into two separate crimes of purchasing a sex act, and
selling a sex act and imposed significantly higher
penalties on purchasers of sex acts. The provisions
related to the separation of solicitation and increased
penalties were amended out of the bill in the Assembly
Public Safety Committee.
b) SB 982 (Huff), of the 2013-2014 legislative session,
provided that soliciting an act of prostitution from a
minor, or engaging in an act of prostitution with a minor,
as specified, is an alternate felony-misdemeanor for a
first conviction, and a straight felony for a repeated
conviction. SB 982 failed passage in the Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County District Attorney's Office (Co-Sponsor)
Los Angeles County District Attorney's Office (Co-Sponsor)
Alameda County Board of Supervisors
California Against Slavery
California District Attorneys Association
California Police Chiefs Association
Peace Officers Research Association of California
Survivors for Solutions
SB 420
Page 20
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Erotic Service Providers Union
Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)
319-3744