SB 1282

Bill Subjects

Abstract

Existing law makes it a misdemeanor for an individual to solicit, agree to engage in, or engage in, an act of prostitution with an adult or a minor in exchange for the individual providing compensation, money, or anything of value to the other person, as specified. Under existing law, if the defendant knew, or should have known, that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 2 days, except as specified, and not more than one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. This bill would make it a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, to agree to engage in, or engage in, an act of prostitution with a minor who is a victim of human trafficking, and would require the defendant to register as a tier one sex offender. If the defendant knew the minor was a human trafficking victim, the bill would make the crime punishable by imprisonment in the state prison for 5, 8, or 12 years and would require the defendant to register as a sex offender for life. By increasing the punishment for a crime and by increasing the duties of local law enforcement agencies in regard to sex offender registration, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.