BILL ANALYSIS Ó
SB 420
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SENATE THIRD READING
SB
420 (Huff)
As Amended April 27, 2015
Majority vote
SENATE VOTE: 36-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-0 |Melendez, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
| | | | |
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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;
2)The defendant provided compensation, agreed to provide
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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.
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.
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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:
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.
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.
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.
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.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "Research proves that demand
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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.
"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 [United States]
Department of State estimates, sex trafficking is a $32 billion
industry in this country and 50% 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. "
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916)
319-3744
0003453
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