BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 420


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          SENATE THIRD READING


          SB  
          420 (Huff)


          As Enrolled  August 11, 2016


          Majority vote


          SENATE VOTE:  36-0


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Public Safety   |5-0  |Melendez, Lackey,      |                     |
          |                |     |Lopez, Low, Santiago   |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 


          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:  None.  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. "












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          Please see the policy committee analysis for a full discussion  
          of this bill.




          Analysis Prepared by:                                             
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0003931