I always knew California liberals were strange but their SB-1322 totally proves either they have NO idea of how to prepare a bill or more likely the depravity of the state liberals including the current governor.
Take for instance the opening statement of this bill which is due to go into law now having been approved by Governor Brown in September 2016.
An act to amend Sections 647 and 653.22 of the Penal Code, relating to minors.
SB 1322, Mitchell. Commercial sex acts: minors.
Existing law makes it a crime to solicit or engage in any act of prostitution. Existing law makes it a crime to loiter in any public place with the intent to commit prostitution.
This bill would make the above provisions inapplicable to a child under 18 years of age who is alleged to have engaged in conduct that would, if committed by an adult, violate the above provisions. The bill would authorize the minor to be taken into temporary custody under limited circumstances.
This bill would incorporate additional changes to Section 647 of the Penal Code, proposed by SB 420 (cannabis use for medical needs), SB 1129 (affects removal of minimum prostitution prison time for second offense and more importantly requires the “act” not just hiring for the act of solicitation), and AB 1708 (defines prostitution as disorderly conduct and underage solicitation), that would become operative only if this bill and one or more of those other bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
SECTION 1. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (2) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
(b) (1) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
(2) Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
Bill Text can be read HERE. This is only the first paragraphs. I quit reading after that as my stomach turned queasy.
Tell me please that California is not THIS depraved or that I have misinterpreted the words.
First, I am totally horrified that the prostitution of a child should be labeled here as a “misdemeanor” and that the agreement for solicitation of the act would hold no weight in the state courts beyond misdemeanor.
Ward of the court IF conditions are met? What conditions? A child is stolen and the parents a few years later are told the child was found in a prostitution act? Or a runaway from a bad home life is forced into this life to survive on the streets? What if the known “pimp” is under 18? What if parents provide children as private party “toys” in exchange for rewards?
Further I can not accept that the solicitation or use of a child by a sex trafficking ring or street corner prostitution act in the purchase and delivery of requested act is a misdemeanor subject to less than a year in jail and fine?
What the heck, did I read this incorrectly or did these people simply write this incorrectly?
First child prostitution is a FEDERAL crime covered under the following laws according to DoJ that carries a penalty of ten or more years in prison:
18 U.S.C § 1591- Sex trafficking of children or by force, fraud, or coercion
18 U.S.C. § 2421- Transportation generally
18 U.S.C. § 2422- Coercion and enticement
18 U.S.C. § 2423- Transportation of minors
18 U.S.C. § 2425- Use of interstate facilities to transmit information about a minor
The prostitution of children is prohibited by 18 U.S.C. § 1591. This statute makes it a federal offense to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18 years of age) knowing or in reckless disregard of the fact that the victim is a minor and would be caused to engage in a commercial sex act. “Commercial sex act” is defined very broadly to include “any sex act, on account of which anything of value is given to or received by any person.” In other words, it is illegal both to offer and to obtain a child, and cause that child to engage in any kind of sexual activity in exchange for anything of value, whether it be money, goods, personal benefit, in-kind favors, or some other kind of benefit. Section 1591 also makes it a crime for individuals to participate in a business venture that obtains minors and causes them to engage in commercial sex acts.
Section 1591 is called “Sex trafficking of children or by force, fraud, or coercion.” Most people think of “trafficking” as involving movement across state or international borders. However, Section 1591 does not require proof that either the defendant or victim crossed state or international lines.
When the victim is a minor, Section 1591 does not require proof that the defendant used force, threats of force, fraud, or coercion, or any combination of those means, to cause the minor to engage in a commercial sex act.
Second, how the heck are enforcement to clean up the streets if they have to actually be involved IN a sex act of some kind to arrest the prostitutes or their customers? Some officers might like that idea, maybe, but I seriously doubt families or their life partners will accept the health risks and immoral behavior.
Third, why treat adult prostitution as a frigging misdemeanor? In many cases, these women or men are not there because they honestly love the idea of being used and abused. Granted maybe a few but certainly not most. Or for that matter, their handlers and customers. They deserve the opportunity to be saved if they want, but not if they continue to perform even after efforts to help have been rebuffed. It shouldn’t be a misdemeanor at that point.
What about behind closed doors at ratty motels or high class private parties? Are those to be ignored?
Finally, why would THIS go into force only if medical cannabis passes?
Unf*!*g believable and depraved left arse thinking or misinterpretation?
I think the hardworking, patriotic conservatives and religious organizations need to take back their state from these trash who are mentally deranged and morally bankrupt right now starting with the governor if I did read this correctly. If it was misinterpreted then show me proof of the truth. I would far rather be proved wrong, believe me.