Newsom says recruiting older minors should be a felony in California

Democrats in the California Legislature this week refused to introduce legislation in an attempt to increase penalties for potential felony to solicit sexual acts at the age of 16 or 17, inspiring a rare public condemnation by Gov. Gavin Newsom.

The felony charges filed by lawmakers have sparked a blaze of criticism on social media and raised questions about the priorities of lawmakers who elected California legislators. For some, refusal to step up punishment has become a clear example of Golden State policymakers, as Republicans exploited the party’s position on social issues in the presidential election.

"Most people are obviously out of touch with the California mainstream," Republican political adviser Rob Stutzman told Democrat in the Legislature. "They put a burden on their party nationwide."

Current law allows for the offence of sexual conduct in minors under the age of 16 to be solicited as a misdemeanor or felony offence against the first offence, which is called a felony “shaking” and a felony offence for subsequent offences. State law also allows for the punishment of sexual trafficking felony crimes for minors under the age of 18.

AB 379 attempts to establish an existing state law by extending the "Wobbler" felony charge to include solicitation for first offences at ages 16 and 17 and felony for subsequent offences. The legislation also makes oneself intentionally buying sex a misdemeanor.

But on Tuesday, Democrats threatened to hold the legislation unless the bill introduced by Maggy Krell (D-Sacramento) agreed to withdraw to solicit felony charges for 16 and 17 years old. The bill moves forward without increasing penalties for older teenagers, which prompted Newsom to intervene and express his support for the original legislation.

Newsom is unusual for a position to be held before the bill reaches his desk, but the Democratic governor has inserted several times into the legislative process to support the growing penalties for sexual offences against minors against members of his own party.

"The law should treat all sexual predators seeking minors with the same sexual behavior - regardless of the felony, regardless of the age of the expected victim," Newsom said in a statement. "On the whole site."

Krell said the legislation aims to address human trafficking and provide better tools for those who purchase victims.

She said a few days before the hearing, staff on the Public Safety Commission, headed by Councilman Nick Schultz (D-Burbank), told her that the bill would be held unless she agreed to the change.

“I really hope to hear about this bill,” said former criminal prosecutor and deputy attorney general Krell. “The idea of ​​killing the bill without any conversation is something I can’t accept, so in order to conduct a hearing and push the rest of other parts of the other bill forward, I accepted the amendment, although I have been dissatisfied with it.”

In an interview, Schultz said that contacting a minor for sexual acts is already a felony in California. When asked why opposing Creer’s bill was already a felony, he pointed to concerns expressed at the hearing.

Children's trafficking survivor Jess Torres testified the legislation.

“The bill will only escalate violence against survivors because people who traffic in commercial sex are harmed when operating in a criminal environment,” Torres said. “When buyers think they take greater risks, they often become more demanding and the pressure often becomes compromised.”

Leigh Lachapelle said youth advocates are concerned that parents are allowed to use felony charges to solicit young people aged 16 and 17 to target older teenagers involved in LGBTQ or interracial relations opposition from families.

Despite concerns, Creer said she hopes her colleagues introduce the bill this year.

"I think we're going to do the right thing," Krell said. "I want us to do the right thing."

Republicans opposed the Crair bill amendment at the hearing, which removed felony charges to solicit older teenagers.

“These are girls, these are people that our society should protect as much as possible,” R-Palmdale said at the hearing. "So why should we protect predators?"

The growing penalties for trafficking and soliciting minors have become a debate between Newsom and some Democrats in the state legislature.

Democrats at the Capitol turned around as the bill became headlines and news magazines after rejecting Sen. Shannon Grove (R-Bakersfield) legislation to strengthen fines for sex trafficking in minors in 2023. The governor also supported Grove's efforts to allow felony charges last year to solicit anyone under the age of 16.

Schultz said the state should spend more time evaluating existing laws before felony charges can be adopted to solicit older teenagers. Legislators will hold an information hearing on the subject in the fall.

"I don't have any prerequisite for any opponents, what Krell is trying to solve," Schultz said. "And I think people should expect this committee to follow its rhetoric, we'll look at this issue and we'll bring better solutions."

Democratic adviser Andrew Acosta said the drama surrounding Krell bill is an example of the bad politics of California Democrats, who blames most lawmakers for representing safe blue areas and not requiring a tough conversation with those holding other views.

He said it has nothing to do with the public that has not helped Democrats nationwide and could end up hurting a small number of senators and parliament members to compete for seats in future disputed areas.

“These jokes are written by themselves, and that’s a problem for us,” Acosta said. “It will mean we’re going to have a Republican governor next cycle? I don’t know that, but depending on race and region, it will certainly cause some problems for people in elementary schools or general elections.”