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Tipsheet

State Lawmakers Face Firestorm After This Bizarre Decision on Child Sex Trafficking

AP Photo/Sacramento Convention & Visitors Bureau

California lawmakers have voted down a measure that would make it a felony to buy 16 and 17-year-olds for sex.

Assembly Bill 379 was introduced to crack down on sex trafficking, particularly those who traffic children, KCRA reported.

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Current state law makes it a misdemeanor for anyone who solicits or engages in prostitution. But Assembly Bill 379 would make two major changes: It would make it a crime for anyone loitering for sex, and it would create a fund to help trafficking survivors.

AB 379 would also make it a felony if an offender solicits sex with a person under the age of 18. Senate Bill 1414, a recently signed California law, currently makes it a felony to purchase or solicit a child 15 years and younger for sex.

Author of AB 379 and Democratic Assembly Member Maggy Krell said at a news conference that sex trafficking survivors need more resources and that the criminal justice system has "to crack down on the men who are buying them [survivors] for sex."

The bill also requires those arrested for prostitution to attend a diversion program to help them get out of the sex industry.

However, California Democrats indicated on Monday that they would remove the felony charge from the proposed legislation.

State Assemblywoman Maggy Krell agreed to remove the clause that would upgrade the trafficking of 16 and 17-year-olds to a felony. She told Fox News that “In order to get a hearing on the bill, we were forced to remove the piece of the bill that ensures the crime of purchasing a minor for sex applies in all cases where the victim is under the age of 18.”

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It is not clear who forced Krell and other lawmakers to remove the provision. Krell further stated that she “wholeheartedly” disagrees with removing the clause. “This has been my life’s work and I will continue to partner with sex trafficking survivors and law enforcement to ensure all minors are protected from the horrors of sex trafficking.”

The lawmaker did indicate that there is a silver lining to this development. She noted that it still criminalizes “creeps who are loitering to buy teenagers for sex and sets up a fund to help victims.”

Republican State Rep. Shannon Grove, who has been on the front lines when it comes to passing legislation to protect children from sex traffickers, told KCRA the development is "completely evil.”

Grove and other lawmakers in the Senate and Assembly last year struck what Democrats called "a deal" and Grove called "an ultimatum" to allow the felony charge to only apply to those who purchase children under the age of 16 for sex. For those who purchase 16 and 17-year-olds, those criminals could face either a misdemeanor or felony, leaving it up to local prosecutors to decide. The law also requires the older teens to prove they're being trafficked.

The National Human Trafficking Hotline reported 1,128 trafficking cases in California that involved 2,045 victims. It noted that 297 of these victims were minors. Data from 2018 revealed that about 26.9 percent of California sex trafficking victims were minors.

During an interview, Assemblyman Nick Schultz, the lawmaker who torpedoed the measure, said, “I’m not okay with any child anywhere being exploited. But the solution that we craft, the solution that we pass, needs to make sense. It needs to be equitable. It needs to be comprehensive.”

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So, this raises a few questions. What is it about making it a felony to sex traffic minors that doesn’t “make sense” or is not “equitable?” That’s the frustrating part of this: None of these people can seem to come up with a valid reason for removing that provision.

What is bizarre about this is that the lawmakers who desperately want to keep this crime at the misdemeanor level have not given any compelling reasons for doing so. It makes no sense. What harm could possibly come from creating harsher punishments for those who victimize children?

This especially odd considering that Democrats claim to be about protecting children (unless they are in the womb, of course). Yet, when given a piece of proposed legislation that would be a layup for most folks, they decide not to pass it.

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