BILL ANALYSIS Ó SB 420 Page 1 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 SB 420 Page 2 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. SB 420 Page 3 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 SB 420 Page 4 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. " SB 420 Page 5 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