Bill to Increase Penalties For Child Sex Buyers Signed by Governor Newsom

A bill designed to strengthen protections for children by making the act of soliciting, agreeing to engage in, or engaging in any act of commercial sex with a minor a felony to help fight human trafficking was signed into law by Governor Gavin Newsom on Thursday, following a year of constant amendments and changes to the bill.

Senate Bill 1414, authored by Senators Shannon Grove (R-Bakersfield), Anna Caballero (D-Merced), and Susan Rubio (D-Baldwin Park) will specifically change the law to state that any individual who solicits, agrees to engage in, or engages in commercial sex with a minor, regardless of their knowledge or reasonable suspicion of the minor’s age, is to be charged with a felony. This offense will also carry a prison sentence ranging from 2 to 4 years, a fine not exceeding $25,000, and registration as a sex offender.

The bill, which Grove created as a way to fix a current loophole where many offenders sex trafficking minors avoid stricter penalties, quickly moved up in Senate committees. However, several Democratic lawmakers proceeded to fight against the bill, especially over protections for 16 and 17-year olds. Concern was also shared over the offendees age and the hard ’18 years and older’ cut off date.

Before the Senate vote in May, multiple amendments were added to the bill. These included changing the age of the defendant from at least 18 years of age to the defendant only being 18 years old at the time of the offense and a felony charge only carrying possible jail time, and not being prison eligible. In July, even more amendments were added, including one that requires 16- and 17-year-olds needing to be proven victims of human trafficking in order for the buyer to be held accountable and charged with a stronger penalty. Grove and others heavily opposed these changes, but made them to ensure passage.

“Don’t be fooled by the Public Safety Chairs’ announcement that they restored a felony for purchasing children in SB 1414. Today the Assembly Public Safety Committee amended SB 1414, making it even harder to protect 16 and 17 year old children,” said Senator Grove in July. “In order for 16 and 17 year olds to have additional protections, they must first prove to be victims of human trafficking. Now, two crimes must be proven, the buying AND the selling of a child, before a buyer can receive a stronger penalty. ALL children deserve to be protected equally. When will the Public Safety Committees prioritize the protection of all children over perpetrators?”

However, the changes managed to bring it home. Once threatened by Democrats, the new amendments led the bill’s passage in both houses unanimously last month. Bill supporters were also pleased with the passage despite the changes, as it still increased penalties for soliciting a minor under the age of 16 or a minor under the age of 18 who is a victim of human trafficking, as well as increasing the number of people convicted of this crime who must register as a sex offender.

This led to Thursday where Newsom signed the bill on top of the Golden Bear statue normally outside the Governor’s office that was temporarily moved out of the Capitol building.

Today marks an incredible victory for California children. With the signing of my bill, SB 1414, we are reaffirming our commitment to safeguarding the most vulnerable among us—our children. SB 1414 (Grove) increases the penalty for soliciting or purchasing a child for sex from a… pic.twitter.com/svI97CLrsV

— Senator Shannon Grove (@ShannonGroveCA) September 26, 2024

“Human trafficking is a disgusting and reprehensible crime that leaves lasting pain on victims and survivors,” said Newsom in a statement on Thursday. “These new laws will help us further hold predators accountable and provide victims with the support and care they need.”

Senator Grove added that “Today marks an incredible victory for California children. With the signing of my bill, SB 1414, we are reaffirming our commitment to safeguarding the most vulnerable among us—our children. SB 1414 increases the penalty for soliciting or purchasing a child for sex from a misdemeanor to a felony, with a caveat that 16 and 17-year-olds must be proven victims of human trafficking. Criminals have been far ahead of us when it comes to child sex trafficking, we must have a strong approach to eradicate this brutal crime and ensure no child is reduced to a commodity.

“The enactment of both of my bills, SB 14 last year and SB 1414 today, provides a significant step in the right direction to protect our children from both child sex traffickers and buyers. This is a crucial step, yet there is still work to be done. My pledge to champion protections for ALL children in California remains unwavering.”

Those in the Capitol were not surprised by the signing on Thursday.

“Newsom has taken more of a harder stance on crime in the past few years,” said “Dana,” a Capitol staffer, to the Globe on Thursday. “And a veto against a child trafficking law looks really bad. On top of all that it is an issue that many people instinctively know to support. People who do this need more penalties. It was just all building up for Newsom to sign really.”

As of Thursday, there are only 4 days left for the Governor to decide on the remaining bills.