California is allegedly easing the penalties for adults “buying” youngsters for sex, according to a social media post with over a million views that was stored on X (previously Twitter).
The post states, “California’s new law, SB 1414. In California, the penalty for purchasing a minor for sex is currently two days in county jail. In county jail for two days. Prison is no longer the penalty for it.”
A woman is heard saying in a video that is connected to the post, “This bill was supposed to change this from a misdemeanor to a felony, and yet they instated a 2 day county jail punishment.”
The new law in California, however, actually suggests raising rather than lowering the penalty for soliciting a minor.
What we discovered?
A misdemeanor is filed against anyone who solicits, consents to, or performs any act of commercial sex with a minor under current California law.
A mandatory jail sentence of two days to one year, a fine of up to $10,000, or both are applicable if the person solicited is a juvenile and the perpetrator knew or should have known they were a minor.
The third reading of Senate Bill (SB) 1414 is currently planned, and it includes substantial amendments to the laws pertaining to the solicitation of minors for prostitution.
If the youngster is under 16 or under 18 and has been the victim of human trafficking, the law classifies the offense as a “wobbler.” A “wobbler” is an offense that, based on the specifics and the prosecutor’s judgment, may be tried as a misdemeanor or a felony.
This means that it could be charged as a felony, which has a sentence of 16 months, 2 years, or 3 years in county jail, or as a misdemeanor, which carries a maximum term of 1 year in county jail along with a fine.
Repeat offenders would automatically be sentenced to the same lengths of prison time for the same offense.
Anyone found guilty under these circumstances who is older than the minor by more than ten years will have to register as a sex offender for ten years, starting on January 1, 2025.
Earlier this year, Republican state senator from California, Shannon Grove, introduced the SB 1414 bill. 16 and 17-year-olds were included in the original draft, but under the current revised version, they would need to provide evidence of their involvement in human trafficking and/or sexual participation with a minor for financial gain.
Furthermore, the initial draft proposed that the offense be classified as a felony and carry a minimum two-year sentence to a state prison.
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The judgement
Rather than lessening the penalty, the SB 1414 bill suggests raising the penalties for asking someone to perform commercial sex with them. Thus, the assertion has been flagged as untrue.
