California Democrats reject push for harsher penalties for soliciting sex from older teens

SACRAMENTO, Calif. — California Democrats rejected a Republican-backed effort Thursday to advance a policy to increase penalties for soliciting and buying sex from 16- and 17-year-olds, an issue that's caused friction among Democrats and prompted Gov. Gavin Newsom to weigh in.

Republicans attempted to force a legislative vote on the floor after a committee refused to consider the policy earlier this week.

''It's a simple thing before us: Do 16- and 17-year-olds deserve the same protection as all other minors when it comes to child prostitution?'' Republican minority leader James Gallagher said before the vote.

''This body needs a moral compass," he added.

The move was supported by several moderate Democrats, who said buying sex from older teens should be a felony. Assembly Speaker Robert Rivas said in a statement after the vote that California already has some of the strongest laws against trafficking and that lawmakers are committed in protecting children. Democrats backed an amendment saying they plan to ''adopt the strongest laws to protect 16- and 17-year-old victims."

''Protecting children, standing up for trafficking victims and stopping crimes are among my top priorities as Speaker,'' Rivas said.

It's the latest example of the split among Democrats over how best to crack down on crime and punish criminals. Some moderate Democrats want to see harsher punishments to protect more children, while others say the measure could be misused by parents upset about interracial or LGBTQ+ relationships to target older teens involved in the relationship. Newsom often declines to weigh in on pending legislation but has stepped in over the years to advance child trafficking measures.

''The law should treat all sex predators who solicit minors the same — as a felony, regardless of the intended victim's age. Full stop,'' his office said in a statement.

Assemblymember Maggy Krell, a Democrat with a prosecutorial background, wanted to expand a law Newsom signed last year to make it an automatic felony for those who solicit and buy older teenagers for sex, among other things. The current law, which makes it a felony if the victims were under 16, doesn't go far enough and leaves a loophole for older teens, supporters of the measure said.

Democrats in the Assembly's public safety committee this week said they need more time to study the issue. They advanced Krell's bill this week without the provision for older teens. On Thursday, they removed her name from the legislation.

''I don't care whether my name is on the bill, but I'm happy to support it if it includes the protection for 16- and 17-year-olds," Krell said before the vote. Krell was among a small group of Democrats who sided with Republicans.

Democrats in the Senate last year rejected a similar effort to increase penalties for soliciting older teens.

Republicans are seizing the moment to rail on Democrats' agenda, accusing them of protecting predators and being out of touch with voters.

''The message sent today with the vote is it's open season on 16- and 17-year-old minors in the state of California for sex traffickers,'' Republican Assemblymember Carl DeMaio said after the vote.

First Partner Jennifer Siebel Newsom, Lt. Gov. Eleni Kounalakis and Christine Pelosi, former House Speaker Nancy Pelosi's daughter, have taken to social media in support of the proposal.

''As a mom of a 16-year-old child, I 100% believe it should be a felony to purchase one,'' Christine Pelosi said in a post on the social platform X directed at Democratic lawmakers. ''In what world do you think voters will trust a party that considers buying a 16-year-old to be ‘only' a misdemeanor?''

Assembly public safety chair Nick Schultz said that it's already a felony in California to contact a minor for sex. The proposal would have added another tool for law enforcement to enhance sentences.

Schultz said he's now planning to bring the measure back after lawmakers have a chance for more discussion in the coming weeks.

''We will have a solution,'' Schultz said. ''That's my commitment.''