California Democrats block legislation that would make sex trafficking of 16 and 17-year-olds a felony, raising questions about the state’s commitment to protecting all minors from exploitation.
At a Glance
- California Democratic lawmakers blocked legislation to criminalize the sex trafficking of 16 and 17-year-olds as a felony
- Assembly Public Safety Committee Chairman Nick Shultz cited “equity” concerns in opposing the felony designation
- A compromise last year allowed felony charges only for trafficking children under 16
- Current law requires older teens to prove they are being trafficked
- Governor Newsom has expressed support for expanding protections to all minors
Democrats Block Expanded Protection for Older Teens
California lawmakers are facing intense criticism after blocking legislation that would make the sex trafficking of 16 and 17-year-olds a felony offense. The bill, Assembly Bill 379, will move forward without the proposed felony charge after opposition from Democratic legislators. Assemblyman Nick Shultz, who chairs the Assembly Public Safety Committee, confirmed the decision, stating that the proposal needed to be more “equitable” – a justification that has sparked outrage among child protection advocates.
The controversy represents the latest chapter in a legislative battle that has been ongoing for over a year. The debate centers on how California law should target criminals who purchase children for sex. Under current legislation, buying sex from minors under 16 is classified as a felony, while the same offense involving 16 and 17-year-olds remains a misdemeanor with significantly lighter penalties, creating what critics describe as a dangerous loophole in child protection laws.
History of the Legislative Compromise
The roots of the current standoff trace back to a legislative compromise reached last year. Republican State Senator Shannon Grove had initially introduced a proposal to make it a felony to buy any child under 18 for sex. Before this initiative, such offenses were uniformly classified as misdemeanors regardless of the victim’s age. Democrats, historically resistant to expanding criminal penalties, struck a deal that allowed felony charges only for those purchasing children under 16 for sex.
This compromise left the decision of how to charge cases involving 16 and 17-year-olds to local prosecutors, effectively creating a two-tier system of protection for minors. More troublingly, the current law requires older teenage victims to prove they are being trafficked to receive the same protections automatically granted to younger victims. This burden of proof has been criticized as retraumatizing for victims already suffering from exploitation.
Governor Newsom Enters the Debate
The legislative impasse has drawn attention from California’s executive branch. Governor Gavin Newsom has recently expressed support for extending felony protections to all minors, breaking with members of his own party in the legislature. This rare instance of disagreement between the governor and Democratic lawmakers highlights the contentious nature of the debate and the complex considerations surrounding criminal justice reform in California.
Democratic Assemblymember Maggy Krell’s current proposal, which sought to close the loophole by extending felony charges to those trafficking older teens, has been effectively blocked by the previous year’s compromise. The decision not to advance the stronger protections has drawn criticism from various quarters, including law enforcement agencies, victim advocacy groups, and officials from both political parties who argue that all children deserve equal protection from sexual exploitation.
Ongoing Controversy Over Victim Protection
Critics of the legislature’s decision point to the contradiction in California law, which recognizes that minors cannot legally consent to sexual activity yet fails to uniformly criminalize their commercial sexual exploitation. The distinction in how the law treats younger versus older teen victims has been characterized as arbitrary and harmful, potentially creating incentives for traffickers to target older teens due to the reduced legal consequences.
The debate over Assembly Bill 379 continues to unfold, with advocates for stronger protections vowing to continue pushing for legislative changes. The controversy underscores broader tensions in California’s approach to criminal justice reform, where concerns about over-criminalization and equitable enforcement sometimes conflict with calls for stronger protections for vulnerable populations. For now, 16 and 17-year-old trafficking victims in California remain in a precarious legal position with lesser protections than their younger counterparts.