California lawmakers in the Assembly Public Safety Committee blocked an effort that would have made soliciting 16 and 17-year-olds for sex a felony. Former prosecutor and current Democratic Assemblymember Maggy Krell proposed Assembly Bill 379, saying perpetrators who sell or buy children for sex deserve harsher punishment.
Last year, the Golden State passed a measure making it a felony to purchase children 15 and younger for sex. That law went into effect in January.
Portions of AB 379 advance
Parts of Krell’s bill did move forward. If AB 379 becomes law, it would still criminalize those who loiter to purchase teens for sex and establish a fund to support victims of sex trafficking.
However, the provision that would have made it a felony to solicit sex from older children was removed in order to allow the bill to move forward.
Krell responds to amendment
“I disagree with that amendment,” Krell said during the committee hearing. “I needed to take it to get this hearing. I’m grateful for the hearing and I accept the amendment and I look forward to working with the committee –– including Assemblymember [Tom] Lackey, whose comments I really appreciated –– to make sure that we bring another bill to protect 16 and 17-year-olds who are being purchased for sex. They’re victims.”
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In 2020, 89% of victims in active sex trafficking cases were between 14 and 17 years old, according to the DOJ
Critics express concerns
Critics of the bill’s provision argue that it could have led to criminal charges against teenagers involved in consensual relationships –– particularly those who are in LGBTQ+ or interracial relationships and have parents who disapprove.
“There were a lot of youth advocates and activists who were concerned about the way that automatic felonies levied against older teens in relationships with other minors,” said Leela Chapelle, with the Coalition to Abolish Slavery and Trafficking (CAST), as reported by KXTV.
Representatives with CAST spoke to VanGuard News Group and say the bill is also likely to target certain people as it makes “loitering” a crime, once again. CAST argues people driving around the wrong neighborhood or those walking down the street could get arrested if an officer considers it to be “loitering.”
“AB 379 repeats the failed ‘end demand’ strategy that too often results in the arrest and criminalization of people selling sex—including those who are being trafficked—while ignoring the root causes of exploitation,” according to CAST.
Committee chairman cites caution
Assemblymember Nick Shultz, the Democratic chairman of the committee, made the ultimate decision to move the bill forward with the amendment. He says he wants to see how cases are prosecuted under the new law before changing it again.
“While I fully understand and empathize with the author’s desire to change the law,” Shultz said during the hearing, “I think it would be more wise to see how cases get prosecuted under this new statutory framework to identify what is working and what is not.”
Krell pledges to keep fighting
Krell says she won’t stop fighting and she’ll reintroduce the bill every year until it passes in order to protect children.
