AB 733

Bill Subjects

Abstract

Existing law provides that a person who solicits or agrees to engage in or engages in any act of prostitution is guilty of disorderly conduct, a misdemeanor, punishable by imprisonment in the county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law provides that if a person solicits a minor, and the person knew or should have known that the person solicited was a minor at the time of the solicitation, the violation is punishable by imprisonment in a county jail for not less than 2 days and not more than one year, or by a fine not exceeding $10,000, or both. This bill would make the fine for a person convicted of soliciting a minor mandatory and would authorize a court to exercise its discretion in setting the amount of the fine, provided that amount is not less than $3,000. This bill would require that a person convicted of soliciting a minor make restitution to the minor that includes the cost of mental health counseling for the minor. Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law also authorizes a person registered as a sex offender to file an application for exclusion for the Internet Web site and establishes the requirements for exclusion. This bill would require a person who is convicted of soliciting a minor to register as a sex offender if the conviction is the person's second conviction for solicitation of a minor. This bill would require a court that grants probation to or suspends the imposition of a sentence for a person convicted of soliciting a minor to require participation in a sex offender management program as a condition of probation or the suspension of imposition of the person's sentence. This bill would require the department to make available to the public specified information regarding the person on that Internet Web site. This bill would authorize the person to apply for exclusion from the Internet Web site described above if the person has satisfied all conditions of probation or suspension of imposition of his or her sentence and has not been convicted of any other offense requiring registration as a sex offender in a 5-year period following satisfaction of those conditions.