Human Trafficking Felony Bill Passed In Senate

A bill 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 passed in the Senate on Thursday in a 36-0 vote.

Senate Bill 1414, authored by Senators Shannon Grove (R-Bakersfield), Anna Caballero (D-Merced), and Susan Rubio (D-Baldwin Park) would 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 in the last few months. 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.

As a result, to make the bill more palatable for lawmakers going forward, a number of amendments were made. These included:

• Changing the age of the defendant from being at least 18 years of age to the defendant only being 18 years old at the time of the offense.
• Soliciting or buying children 15 and under for sex can only be charged as a wobbler: either a misdemeanor (punishable by a minimum of 2 days in jail OR a fine or both) or a felony. Buying 16 and 17 year old children only punishable as a misdemeanor.
• Felony charge only carries possible jail time, not prison eligible.
• Only perpetrators with a previous conviction of purchasing sex from a child 15 or under, on the second offense and with over a 10-year age gap to the victim must register as a tier one sex offender.

While the bill managed to pass the Assembly 36-0 on Thursday, Senator Grove expressed frustration with Senate leadership for forcing the amendments on the bill. However, Senator Grove also noted that she hoped that the bill would be restored in the Assembly, especially with the bill remaining effectively bipartisan.

NEW: SB 1414 just passed unanimously off the Senate floor.

The crime of purchasing a child, of any age, for sex in the state of California should be a prison felony. I am incredibly disappointed in the Senate Pro Tem and Senate leadership for, once again, passing on an…

— Senator Shannon Grove (@ShannonGroveCA) May 24, 2024

“The crime of purchasing a child, of any age, for sex in the state of California should be a prison felony. I am incredibly disappointed in the Senate Pro Tem and Senate leadership for, once again, passing on an opportunity to restore amendments to the bill and stand up for all of California’s children,” said Grove on Thursday. “This outcome is a failure on the part of legislative leadership who caved to political pressure and did not prioritize the safety our children. We must restore this bill in the Assembly to protect every child in the state of California from the horrific crime of sex trafficking.”

Insiders in Sacramento told the Globe on Thursday that SB 1414 was still expected to pass this year, but with uncertainty in what final form.

“There is still enough overall support for this bill to pass. There’s no question there,” Dana, a Capitol staffer told the Globe. “But the amendments  took a lot of bite out of SB 1414, and you can tell from what Grove said that she isn’t happy about this. Lawmakers don’t say that there was political pressure on something unless they mean it.”

“With the amendments, the bill still is an overall good. But, again, the amendments took a lot out. Some lawmakers are worried that underage people could be making stupid mistakes and things like that, but on the other hand, this is commercial sex we’re talking about. The goal, with all three authors, is to fight human trafficking. All three authors coming from both parties I may add. And yet it was still challenged.”

“I have no doubt that they’ll try and get it restored in the Assembly and then swing it back for a final Senate vote in August. It’s been done before. Senator Grove is passionate about this though, and she’ll be fighting for this all the way.”

SB 1414 is expected to be heard next in Assembly Committees.