California solicitation bill passes final hurdle

SACRAMENTO, Calif. (CN) — A California bill that would increase penalties for people who buy sex from a minor had an arduous trek through the Legislature but is now on its way to the governor’s desk.

Assembly Bill 379 led to Democrats taking opposing sides of the legislation written by one of their own, with the core disagreement focused on a seemingly unrelated aspect of the bill — what state Senator Scott Wiener, a San Francisco Democrat, called two bills in one.

The bill, which the state Senate passed on Monday, gives more power to prosecutors in solicitation cases. Under the legislation, an adult could face a felony if they solicit a minor who is more than three years younger than them for sex.

The bill also makes it a misdemeanor for someone to loiter in a public place when they intend to buy sex.

“I really wish this bill was not two bills in one,” Wiener said. “We should not be creating new loitering laws in the state of California in 2025.”

The author of a law that decriminalized loitering with the intent to commit prostitution, Wiener said he’d likely have supported the Assembly bill if it lacked the loitering aspect. He called it a way to control marginalized communities and questioned what he characterized as words with broad meanings in the legislation, such as “beckons.”

That word means whatever a police officer wants it to mean, Wiener said.

State Senator Laura Richardson, a San Pedro Democrat, also opposed the bill.

She questioned whether lawmakers truly wanted to fine someone $1,000 for asking another person to commit an illegal act, or have someone face a felony charge for asking someone for sex.

Richardson shared Wiener’s concerns about the bill’s definitions, saying someone could face a criminal charge for circling an area repeatedly in their vehicle.

“Who defines ‘repeatedly?’” she asked. “Here, today, we’re choosing policy over people.”

Carrying the bill in the Senate, state Senator Jesse Arreguín, a Berkeley Democrat, tried to assuage those concerns. He said the bill requires intent, indicating that merely circling a block many times wouldn’t lead to a criminal charge.

Some Democrats noted the complexities of crafting public safety-related legislation. State Senator Aisha Wahab, a Silicon Valley Democrat, said a minor mistake can create ripple effects that last for generations. Saying she’d support the legislation, Wahab said the bill had been chipped down into soundbites.

State Senator Shannon Grove, a Bakersfield Republican, relayed the lengthy legislative process similar bills had faced.

Two years ago, Grove wrote legislation that added human trafficking of a minor for a commercial sex act to a list of serious felonies, which have greater penalties than typical felonies.

Grove followed that bill with Senate Bill 1414, which targeted buyers of commercial sex. In that bill she tried to make solicitating of any minor a felony, though it was amended to include only those younger than 16.

Grove said she knew that when Assemblymember Maggy Krell, a Sacramento Democrat, was elected that she would tackle the problem of sex trafficking.

“It shouldn’t be that difficult, but it is,” Grove said.

Krell introduced Assembly Bill 379 and was vocally opposed when lawmakers wanted to strip the portion of the bill that allowed prosecutors to levy felonies against those who paid 16 and 17 year olds for sex. Her name was removed as the bill author, though it’s since been added as a coauthor.

And while the initial wording of who could face a felony was removed, the three-year age difference portion took its place.

Aspects of the bill that drew little to no controversy included the creation of a Survivor Support Fund. It also increases penalties for certain businesses that don’t comply with posting notices about human trafficking.

“I’m relieved and grateful that AB 379 passed the Senate and now heads to the governor’s desk,” Krell posted on social media platform X. “This bill gives law enforcement the tools to go after predators who are buying girls for sex and help victims recover. Grateful for everyone’s support — especially the survivor coalition — for continuing to fight for this important bill.”