California lawmakers have severely weakened a bill meant to protect teen trafficking victims by removing felony penalties for adults who purchase 16 and 17-year-olds for carnal relations.
Quick Takes
- Assembly Bill 379, authored by Assemblywoman Maggy Krell, initially sought felony charges for adults who buy intimate acts from teenagers aged 16-17
- Democratic lawmakers forced the removal of the felony provision in order for the bill to move forward in committee
- Current California law makes buying sex from children 15 and younger a felony, but has a loophole for 16 and 17-year-olds
- The bill still criminalizes loitering to buy teenagers for carnal relations and establishes a victim support fund
- Critics argue the amendment undermines efforts to protect vulnerable minors from abuse trafficking
Teen Trafficking Bill Gutted in Committee
California lawmakers have blocked a key provision in Assembly Bill 379 that would have made it a felony to purchase 16 and 17-year-old minors for sex. The bill, authored by Democratic Assemblywoman Maggy Krell, was intended to close a loophole in current law that only applies felony charges to those who buy children 15 and younger for intimate acts. Despite widespread bipartisan support, the Assembly Public Safety Committee stripped the bill of its felony provision, effectively maintaining lesser penalties for those who exploit older teens.
“It’s a disgrace,” said Assemblywoman Maggy Krell, expressing her frustration with the committee’s decision to weaken her bill.
Assemblyman Nick Shultz, who chairs the committee, defended the decision by referring to a prior legislative agreement. “My perspective as chair, there was a carefully crafted deal last year,” said Shultz, suggesting that the committee was honoring previous negotiations that left decisions about charging intimate relations buyers of 16 and 17-year-olds to local prosecutors’ discretion. Critics contend this arbitrary age distinction leaves older teens vulnerable to exploitation with minimal consequences for perpetrators.
From the Editors:
Most Americans living outside of California — as well as most Californians themselves — probably would be surprised and dismayed to learn that buying sex from children aged 14 to 17 is merely a misdemeanor there.
If this heinous crime doesn’t merit… pic.twitter.com/QQ4kBeINHQ
— National Catholic Register (@NCRegister) June 5, 2024
Forced Compromise to Save the Bill
Krell reluctantly agreed to remove the felony provision to ensure the bill would receive a hearing and have a chance to advance. “In order to get a hearing on the bill, we were forced to remove the piece of the bill that ensures the crime of purchasing a minor for sex applies in all cases where the victim is under the age of 18,” explained Krell. “I wholeheartedly disagree with that amendment. This has been my life’s work and I will continue to partner with sex trafficking survivors and law enforcement to ensure all minors are protected from the horrors of trafficking.”
Despite the setback, the legislation still contains provisions to criminalize loitering to buy teenagers for intimate relations and establishes a fund to help trafficking victims. The bill has garnered support from diverse entities including the San Diego County Board of Supervisors, which has publicly backed the effort to protect teenage trafficking victims. San Diego County has been identified as a significant location for human trafficking, making protective measures for minors especially crucial in the region.
Pattern of Criminal Leniency
This isn’t the first time California lawmakers have weakened anti-trafficking legislation. Last year, the Senate Public Safety Committee forced amendments on Senator Shannon Grove’s bill, SB 1414, which also aimed to make soliciting or engaging in commercial intimate acts with a child a felony offense. The committee amended that bill to make the offense a “wobbler,” allowing it to be charged as a misdemeanor with minimal penalties, instead of a straightforward felony with mandatory sex offender registration for repeat offenses.
“I’m incredibly disappointed that not only did my colleagues reject my proposal to make the buying of children for sex a prison felony, but that I was blindsided when they amended my bill without my consent,” said Senator Grove. “Children of all ages deserve to be protected under the law and a simple fine after buying a child for sex is not an appropriate punishment. Californians across the state have made their voices heard and they want this law changed. Unfortunately, the members of the public safety committee continue their soft on crime approach at the expense of California’s most vulnerable, our children.”
Republican lawmakers have strongly criticized the amendments to both bills, with State Rep. David Tangipa noting of AB 379, “Apparently, what they want to do is remove the 16 and 17-year-old portion of the bill and then just increase penalties and fines.” The California Republican Party has characterized the Democratic majority’s position as “pro-criminal,” pointing to a pattern of decisions that reduce penalties for serious offenses. Meanwhile, trafficking victims and advocates continue to express dismay that arbitrary age distinctions are being maintained in laws meant to protect all minors from abusive exploitation.
