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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?

CA Gov. Gavin Newsom. (Photo: Kevin Sanders for California Globe)

Governor Gavin Newsom at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, June 1, 2019. (Photo: Gage Skidmore)

California’s Democrat Governor Gavin Newsom just signed Senate Bill 145, which lowers the penalties for adults who have sex with same-sex minors.

As Senator Melissa Melendez Tweeted, “Well what a shock. Newsom signed SB145, the bill that allows a 24 year old to have sex with a 14 year old and escape a felony conviction and requirement to be a registered sex offender. Absolutely disgusting.”

Last year California Globe reported that State Senator Scott Wiener (D-San Francisco) and Assemblywoman Susan Eggman (D-Stockton) introduced legislation “to end blatant discrimination against LGBT young people regarding California’s sex offender registry.” Wiener and Eggman are members of the California Legislative LGBT Caucus.

If there are any lingering doubts about Sen. Wiener’s intent, the bill analysis is much more clear 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.

If there is a real inequity in the laws governing sex with minors, this bill is only undermining any sincere attempt to address that.

The definition of pedophilia according to Websters is “sexual perversion in which children are the preferred sexual object.”

Of the hundreds of comments left by California Globe readers, “normalizing pedophilia” was repeated over and over: “This is a push to normalize pedophilia which has always been the aim of some in the homosexual community.”

But Sen. Wiener dug in his heels. “This is absolutely false. #SB145 does not in any way change what the crime is or what the punishment is. You’re spreading false information. You should delete that tweet,” he tweeted back at Sen. Melendez. 

Sen. Wiener is cherry-picking his facts.

As the Globe has reported, under SB 145, the offenders would not have to automatically register as sex offenders if the offenders are within 10 years of age of the minor.

After being shelved last year because it could not pass, the bill was quietly brought back at the last minute this year in August, without any new analysis or new amendments, and was voted on Aug. 20th in the Assembly Appropriations Committee, where it was passed 6-2.

On August 31st, the last day of the legislative session, SB 145 passed the Assembly 41-25, and 13 abstentions. No Republicans supported the bill, and 11 Democrats voted “No” along with the Republicans.

Sen. Wiener snuck a really bad bill back into the legislative docket, despite the rule during the shortened session this year was that the only bills which would be voted on were supposed to be COVID-related, or emergency economic help for the state.

SB 145 could not pass last year, and most Californians didn’t even know about it. By sneaking it back into the end of session docket, SB 145 did not receive a hearing or any real debate.

Lawmakers who voted for SB 145 who also claim to have concern for child sex abuse or child sex trafficking showed their true intentions.

Gov. Newsom knows all of this and signed this bill anyway.

A Globe reader asked: “Why the heck does Sen Scott Wiener care so much about protecting sexual predators and care so little about protecting California’s children? Shouldn’t it be the other way around?”

SB 145 vote. (Photos: screen capture, leginfo.ca.gov)

 

SB 145 vote. (Photos: screen capture, leginfo.ca.gov)
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Katy Grimes: Katy Grimes, the Editor in Chief of the California Globe, is a long-time Investigative Journalist covering the California State Capitol, and the co-author of California's War Against Donald Trump: Who Wins? Who Loses?

View Comments (38)

  • Reading Wiener's comments supporting this bill makes me want to vomit! How? How? How can any sane rational person vote for this bill? And where were the 13 abstentions? These people are elected to vote on laws and they should be required to do so. My Assembly Member Mark Stone and my State Senator Jim Beall both voted for this and they will hear it. Every legislative member who voted for this should hear from their constituents. Gavin Newsom is the most disgusting Governor California has had. Katy, this should make for some interesting conversation on the radio Monday morning.

    • When are Californians going to learn that Democrats are only about their own agenda. Wiener is probably salivating and can't get his hands on a youngster. Vote Republican and you won't have all the insanity!

  • Once agaiin LOONEY LEFTIE, KALIFORNICATION PROVES IT IS TRASH!
    Wait for the huge quake to break it off and float it into the Pacific.

  • Is it any surprise, that a guy who chooses to have an affair with his best friends wife sign such an amoral bill!
    Where is the legislation to convict all sexual predators over the age of 20 for having sex with an underaged child, no matter the sexual orientation.
    I read one argument that a 14 year old is not considered a child! Ever heard of sexual grooming? I am sure Senator Wiener has!

  • Thank you, Katy Grimes, for once again clearing up the "confusion" surrounding this bill and for making so many excellent points throughout.

    I just love how outraged Sen Scott Weiner is that his precious bill has been "mis-characterized" (even though it wasn't). Something tells me his outrage would pale by comparison to the outrage of parents who discover that, thanks to Sen Weiner's bill, their 12 year-old son has been preyed upon by an adult man a decade older who should know better and undoubtedly does. And that there will be no criminal or other consequences for it.

    "Sneaky" seems to be the Word of the Day, both for Dem legislators like Sen Weiner and his LGBTQ caucus whose focus is to pass such laws unobserved, and for the pedophiles out there whose under-the-radar predation is protected by this legislative group ---- with hand-crafted care.

    Fortunately, though, they weren't sneaky enough because apparently the whole country knows about this bill (now law). I don't think even Sen Scott Weiner likes being in that kind of a spotlight because of something like this.

  • Sexual child molesters is what Newsom is defending. This is the big push for 2021 with the Democrat party. The normalization of pedophilia. God help us as a country. Churches ar shut down but pedophiles are uplifted in the eyes of the California government. Newsom and his entire family should face the wrath of a parent who's child was raped by one of newsom's now protected class.

  • Interesting Newsom didn't sign this while on his excursion to a burning park for his photo OP to sign a fire bill yesterday.

    Waited til later in the dark of night.

  • This is one of the left's most cherished goals. Legal rights to molest children. This is one more step towards their ability to destroy all children before they can grow up and make rational, adult decisions.

  • SO.....the LGBTQ group is getting preferred and special treatment. They can do whatever they want and won't have to register, but a poor sap of a heterosexual guy gets told some girl is 18 or older, has sex with her and he has to register as a sex offender if he's reported. What in Sam's hill is wrong with our Legislators and Governor anyway? Are they all high or something?

    I don't like this one little bit. This clears the way for a pedophile older man/woman to take advantage of a person under the age of 18 and then not have to pay the price by having to register as a sex offender. Ridiculous!!!!!

    We have a very sick society!!!!

    Do you have the names of the persons voting FOR this, Katy?

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