California Democrats block another attempt to ramp up penalties for sex solicitors of 16 and 17-year-olds

By Ashley Zavala

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    SACRAMENTO, California (KCRA) — The fight over whether the consumers of the child sex trafficking industry should face tougher consequences when they buy 16- and 17-year-olds for sex continued at the California State Capitol Thursday.

Most Democrats in the Assembly rejected an attempt by Republicans to revive a proposal that would make it an automatic felony to purchase the older teens for sex. That proposal was written by Democratic Sacramento Assemblymember Maggy Krell and was blocked earlier this week by the Assembly Public Safety Committee.

Krell has spent two decades investigating human trafficking and was a prosecutor for the California Department of Justice before being elected to the Assembly last year. She filed AB 379 this year that would restore some loitering for prostitution laws that were loosened in California in 2022, and the automatic felony for those who buy or solicit 16- and 17-year-olds.

Instead of reviving Krell’s automatic felony proposal, Democrats voted to strip the bill entirely from her on Thursday.

“I don’t care if my name is on the bill. I will happily support it if it includes protections for 16- and 17-year-olds,” Krell said during debate on the floor. “If you’re 17 on a street corner and an old man purchases you for sex, that’s rape that should be treated as a felony.”

It was the result of a series of political maneuvers by Democrats on Thursday morning meant to shield the caucus from being forced by Republicans to vote specifically on the automatic felony. The Assembly gaveled into session an hour late as Democrats hatched a plan to respond to the Republican-led push.

Thursday was also Denim Day in the Assembly, a day recognized annually for sexual assault awareness month and when lawmakers can be seen wearing jeans and denim jackets in the Assembly chamber. Multiple sources told KCRA 3 that morning, several Democrats didn’t want to acknowledge Denim Day as planned in an attempt to avoid the sex trafficking conversation.

After about an hour of closed-door meetings, most Democrats agreed to take Krell’s bill away from her, assign it to Assembly Public Safety chairman Nick Schultz, and insert language into it stating it’s the legislature’s “intent” to adopt policies that will protect 16 and 17-year-olds. Legal experts note the language means nothing and doesn’t change the bill.

Current law allows prosecutors to decide whether to charge solicitors of 16 and 17-year-olds as either a misdemeanor or felony. The older teens must prove they are victims of trafficking, unlike those who are 15 years old and younger, who trigger the automatic felony.

Some Democrats have been concerned about how the stricter penalties could impact 18-year-olds who have relationships or solicit older teens. Others have said they worry parents could use the punishment against their child if they don’t approve of their interracial or LGBTQ relationship.

Schultz said state laws already provide stiff penalties for trafficking and accused Gov. Gavin Newsom who supports the measure, Lieutenant Gov. Eleni Kounalakis and the media of spreading misinformation.

“It is important to understand that 16- and 17-year-olds, minors of any age in the state of California, that are contacted for a sexual purpose that is punishable as a felony,” Schultz said. “The governor made a statement earlier this week. I agree wholeheartedly with the governor’s statement to the extent that it already states existing state law.”

Schultz confirmed after the vote that he still plans to move forward with a special hearing on the issue in the fall, but that with Thursday’s vote, the Assembly was committing to putting a solution to all of this on the governor’s desk by the end of the summer.

“We don’t need more time, we don’t need to study this anymore, we need to make it just and change the law, that’s what we need to do today and unfortunately a number of the Democrats continue this disparity when it comes to 16- and 17-year-olds, they are deserving of justice and protection,” said Republican Assembly Minority Leader James Gallagher.

The leader of the Assembly, Speaker Robert Rivas, sat quietly at his desk during Thursday’s debate and did not rise to address the chamber he leads.

After the vote, his office handed printouts of his written statements to reporters that said protecting children and standing up for trafficking victims are among his top priorities this year.

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