Sex and Taxes: Legislators’ Annual Preoccupation

“Tis impossible to be sure of any thing but Death and Taxes,” the popular idiom says. But in California it is more accurate to say “sex and taxes.”

With California in dire financial straits having been locked down since March, more tax “revenues” are in desperate need, according to Democrat lawmakers. The proposed “wealth tax,” co-sponsored by the California Federation of Teachers, SEIU California, and the California Teachers Association, is anticipated to generate $7.5 billion per year in new “revenues” to the state coffers. That’s just the opening salvo.

Unfortunately and weirdly, based on 6 bills dealing with sex, rape, abortions, trans persons and sex offenders, sex is a priority as well.

Sex Offenders Welcome?

Last night, the Assembly passed SB 145, Sen. Scott Wiener’s strange and dangerous bill to lower penalties for adults who have sex with minors. Sen. Wiener says he authored the bill to achieve legal “parity,” because same-sex liaisons with a minor elicited stiffer prison sentences.

Senator Scott Wiener (D-San Francisco) and Assemblywoman Susan Eggman (D-Stockton) introduced the 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.

However, under their bill, 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 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.

Last evening SB 145 passed the Assembly 41-25, and 13 abstentions. No Republicans supported the bill, and 11 Democrats voted “No” along with the Republicans.

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

Other Sexual Legislation

AB 2218: Bill to fund sterilizing drugs and surgeries for children and adults with gender dysphoria. AB 2218 also passed the Assembly along party lines, 54-10 with 15 abstentions.

SB-132: Gives Male Inmates the Legal Right to be Housed in Women’s Prisons. SB 132 passed the Senate 29-10. Bill analysis explains the bill: “Requires a person incarcerated by CDCR to be issued identification reflecting a gender marker consistent with the gender identity the individual has most recently specified.”

SB 1237 and AB 890: Lowering health standards for abortion providers again. SB 1237 passed the Assembly 68-0 with 10 abstentions. AB 890 passed the Assembly 53-1 with 25 abstentions. As the California Family Council reported:

“In 2013, AB-154 lowered the health safety standards for women in California by letting non-physicians, including nurse practitioners, physician assistants, and certified nurse-midwives do first-trimester surgical and medical abortions. State legislators are at it again this year with the introduction of SB 1237, a bill authored by Senator Bill Dodd (D – Napa) to remove the requirement that certified nurse-midwives be directly supervised by a doctor. AB 890, authored by Assemblyman Jim Wood (D – Eureka) does the same thing for physician assistants. According to the Right to Life League, these bills threaten women’s safety and the lives of unborn children.”

SB 145 Lowers the penalties for adults who have sex will same-sex minors. (see above)

AB 1145 Lowers the mandated reporting requirements for some statutory rape cases as long as the sex was “voluntary.” AB 1145 passed the Senate 28-10 with 2 abstentions. Bill analysis said: “This bill specifies that ‘sexual assault’ for purposes of reporting incidents of abuse under the Child Abuse and Neglect Reporting Act (CANRA) does not include voluntary sodomy, oral copulation, or sexual penetration, if there are no indicators of abuse, unless the conduct is between a person who is 21 years of age or older and a minor who is under 16 years of age.”

The California Family Council analyzed all of these bills HERE.

The California Legislature has made a practice of whittling away at existing state laws designed to protect minors from sexual predators. This is ironic given the prevalence of human trafficking and child sex trafficking in California – something Democrats claim to care about.