Senator Scott Wiener’s Legislation Protects Sex Offenders Who Have Homosexual Sex with Minors

California Senator Scott Wiener, a Democrat from San Francisco, recently announced he is running for Congress in Nancy Pelosi’s district, as Pelosi confirmed she will not run in 2028.

Senator Wiener could actually make voters beg for Nancy to run again.

In 2019, Senator Wiener authored Senate Bill 145 which at the time of its introduction would allow a sex offender who lures a minor with the intent to commit a felony sex act, the ability to escape registering as a sex offender as long as the offender is within 10 years of age of the minor.

Governor Gavin Newsom signed Wiener’s SB 145 in 2020. The Globe reported: “Gov. Newsom Signs Bill to Protect Sex Offenders Who Have Homosexual Sex with Minors. How can this bill be legal when California’s age of consent is still 18?”

As we explained, SB 145 in effect allows a 24 year old to have sex with a 14 year old, relaxing the penalties for having “non-forcible sodomy, oral copulation, and sexual penetration with a minor.”

Wiener claimed that current law “disproportionately targets LGBT young people for mandatory sex offender registration, since LGBT people usually cannot engage in vaginal intercourse.”

If there are any lingering doubts about Sen. Wiener’s intent, the bill analysis is clearer than Sen. Wiener:

“This bill states non-forcible sodomy, oral copulation, and sexual penetration with a minor do not require mandatory sex offender registration unless there is a ten-year gap between the minor and the other person. However, a court may still require registration if it deems appropriate. These offenses, when committed without force, where the minor was a willing participant and under the age of 14 are sometimes referred to as “Hofsheier offenses.” People v. Hofsheier (2006) 37 Cal.4th 1185 held that requiring mandatory sex offender registration for one such an offense – oral copulation – was unconstitutional if the state did not also require registration for a person convicted non-forcible sexual intercourse with a minor because it made an illegal distinction based on the sex act itself.”

“Non-forcible sodomy, oral copulation, and sexual penetration with a minor” is the first legal problem with this bill as it is against the law to have sex with a minor – gay or straight. The legal age of consent in California is 18 years of age. The age of consent refers to the age at which a person can legally consent to any sexual intercourse.

The Senator has authored other legislation eroding parental rights with his bill allowing children as young as age 12 to take the COVID-19 vaccine without parental consent. Or, his bill to remove the felony penalty for knowingly exposing another person to HIV.

As for SB 145, existing law, the Sex Offender Registration Act, amended by Proposition 35 by voters in 2012 (Ban on Human Trafficking and Sex Slavery), requires a person convicted of a certain sex crime to register with law enforcement as a sex offender while residing in California or while attending school or working in California.

Wiener says, “Currently, for consensual yet illegal sexual relations between a teenager age 15 and over and a partner within 10 years of age, ‘sexual intercourse’ (i.e., vaginal intercourse) does not require the offender to go onto the sex offender registry; rather, the judge decides based on the facts of the case whether sex offender registration is warranted or unwarranted. By contrast, for other forms of intercourse — specifically, oral and anal intercourse — sex offender registration is mandated under all situations, with no judicial discretion.”

“This bill would authorize a person convicted of certain offenses involving minors to seek discretionary relief from the duty to register if the person is not more than 10 years older than the minor,” SB 145 states.

Proposition 35 was created and passed to protect children from sexual exploitation and sex trafficking. Victims of sex trafficking are often vulnerable children, “afraid for their lives and abused—sexually, physically, and mentally,” the Proposition said.

SB 145 opened the door for adults to victimize minors by luring them with the intent to have sex and then shielding the predator from being automatically registered as a sex offender. The actual effect of SB 145 shields predators who lure minors into having sex from having to register as sex offenders. The unintended consequences will leave vulnerable teens unprotected from adults seeking to lure them into being sexually victimized.

What is the difference between Scott Wiener legalizing sex with a minor and Jeffrey Epstein, who arranged for minor women to have sex with adult men? Scott Wiener got it “legalized” in California, and Governor Gavin Newsom signed it into law.