BILL ANALYSIS �
AB 1791
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ASSEMBLY THIRD READING
AB 1791 (Maienschein)
As Amended May 07, 2014
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 16-0
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|Ayes:|Melendez, Jones-Sawyer, |Ayes:|Gatto, Bigelow, |
| |Skinner, Stone, Waldron | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Ridley-Thomas, |
| | | |Wagner, Weber |
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SUMMARY : Increases the penalty for solicitation of prostitution
when the person being solicited is a minor from six months in
the county jail to one-year in the county jail.
EXISTING LAW :
1)Specifies that it is misdemeanor disorderly conduct when any
person who solicits or who agrees to engage in or who engages
in any act of prostitution. A person agrees to engage in an
act of prostitution when, with specific intent to so engage,
he or she manifests an acceptance of an offer or solicitation
to so engage, regardless of whether the offer or solicitation
was made by a person who also possessed the specific intent to
engage in prostitution. No agreement to engage in an act of
prostitution shall constitute a violation of this subdivision
unless some act, in addition to the agreement, is done within
this state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that act. As
used in this subdivision, "prostitution" includes any lewd act
between persons for money or other consideration.
2)States that a person is guilty of disorderly conduct, a
misdemeanor, when a person solicits or agrees to engage in or
engages in any act of prostitution, as defined. No agreement
to engage in an act of prostitution constitute a violation of
this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the
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commission of an act of prostitution by the person agreeing to
engage in that act.
3)Requires in any accusatory pleading, charging a defendant with
solicitation or prostitution, as specified, if the defendant
has been once previously convicted of a violation of those
provisions, the previous conviction shall be charged in the
accusatory pleading.
4)Provides the following penalties if the defendant has
previously been convicted of solicitation or prostitution:
a) If it is proven that the defendant has one previous
conviction, the defendant shall be imprisoned in a county
jail for a period of not less than 45 days; or
b) If it is proven that the defendant has two or more of
these previous convictions, the defendant shall be
imprisoned in a county jail for a period of not less than
90 days.
5)Defines "unlawful sexual intercourse" as an act of sexual
intercourse accomplished with a person under the age of 18
years.
6)Provides the following penalties for unlawful sexual
intercourse with a minor:
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
or three years and a fine of up to $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 or three years and a fine of up to
$10,000.
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7)States that any person convicted of seeking to procure or
procuring the sexual services of a prostitute, if the
prostitute is under 18 years of age, shall be ordered by the
court to pay an additional fine in an amount not to exceed
$25,000.
8)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown nonreimbursable local incarceration costs,
offset to a degree by increased fine revenue. In most cases,
offenders will receive probation and pay fines.
COMMENTS : According to the author, "Increasing the maximum
sentence to 12 months for soliciting or engaging in an act of
prostitution with a minor will be making important progress
towards addressing the demand for young girls and boys who are
often victims of human trafficking. As many may be aware, human
trafficking is a growing problem across the United States,
including right here in California. The trafficking of minors
is appalling and must be addressed in any way possible to
positively affect all aspects of this terrible practice. We
hope to provide a deterrent with this increased sentence that
may prevent some desire and demand for these young victims of
human trafficking and stop the often forced prostitution of our
vulnerable youth."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003469
AB 1791
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