BILL ANALYSIS �
SB 1388
Page 1
SENATE THIRD READING
SB 1388 (Lieu, et al.)
As Amended July 2, 2014
Majority vote
SENATE VOTE :34-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
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SUMMARY : Increases fines related to the solicitation of an act
of prostitution, as specified. Specifically, this bill :
1)Provides that a person who solicits a minor for an act of
prostitution shall serve a minimum of two days in a county
jail, and not more than one year.
a) Further specifies up to a $10,000 fine for the
solicitation of a minor.
b) Requires that the defendant know, or should have known
that the person solicited is a minor at the time of the
offense.
c) Clarifies that a court can reduce or eliminate the
minimum mandatory two days in county jail in unusual cases,
as specified.
2)Increases an existing additional fine of up to $25,000 from
$20,000 for placing a minor into prostitution, or furnishing a
minor to another person for sexual conduct.
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.
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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.
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.
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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.
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
years.
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.
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.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This bi-partisan measure
seeks to shift the paradigm away from prosecuting victims to
prosecuting Johns and those who pimp out sex workers. By
increasing penalties and including incarceration time for men
and women who violate a human's right to free will, it is my
hope that increased punishment and harsher repercussions will
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deter this odious and criminal behavior. The country and the
world need to know that California's children are not for sale."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004332