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California Democratic lawmakers strike deal on solicitation of minors legislation

The state Assembly Chambers.
The state Assembly Chamber sits empty at the Capitol in Sacramento.
(Rich Pedroncelli / Associated Press)

Assembly Democrats walked back opposition to a controversial bill that would increase the penalty for soliciting a minor aged 16 or 17, a change that comes after they faced a barrage of criticism from Republicans and a rebuke from Gov. Gavin Newsom.

The new amendments to the legislation, AB 379, would allow prosecutors to file felony charges against adults who solicit sex from a 16- or 17-year-old. If the accused is three years older than the minor, they can be charged with a felony. If the offender is within three years of the minor, the charge is a misdemeanor.

The bill will now include a state grant program to help streamline prosecution in human trafficking and sex trafficking cases, and a support fund for survivors, partially funded by increased fines for businesses that ignore or aid in human trafficking.

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Current law allows the offense of soliciting a minor under 16 for sex to be punishable as a misdemeanor or a felony on the first offense and as a felony on subsequent offenses.

Assemblymember Maggy Krell (D-Sacramento), authored AB 379 to extend the same punishment to those who solicited 16- and 17- year-olds. Last week, the Democratic-led Assembly approved an amendment that removed that provision, which Krell opposed.

On Tuesday, Krell released a statement supporting the Democratic leadership’s new changes.

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“I’m looking at this from a prosecutor’s standpoint — this bill strengthens California law and gives us the felony hammer to prosecute the creeps that are preying on teenagers,” she said in a statement.

Krell temporarily allied herself with Republicans last week when she was given two options — amend the bill without the increased felony charges, or let it die in committee. Democrats defended the amendment despite comments from Newsom, who said that anyone who solicits a minor should be charged with a felony.

The bill, in its amended form, is still under consideration in the Assembly.

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