What to know about California's fight over harsher penalties for soliciting sex from older teens

SACRAMENTO, Calif. — A debate over whether to create harsher penalties for soliciting and buying sex from 16- and 17-year-olds exploded in the California Legislature this week.

Republicans and some moderate Democrats were pushing for a new tool to help law enforcement go after those who solicit older minors for sex. But some said they worried the measure could be misused and weaponized by parents upset about interracial or LGBTQ+ relationships to target older teens involved in relationships.

The issue came to a head Thursday after Republicans in the Assembly argued for the policy on the floor. Democrats overwhelmingly rejected the effort but vowed to bring a new proposal to address the issue.

Here's what to know:

How does current law protect 16- and 17-year-olds?

Under current law, contacting a person under 18 to engage in sexual activity in California is a felony. So are crimes like soliciting a child who is a victim of human trafficking, sexting a minor and engaging in sex with a minor if the age gap between the parties is more than three years.

It's also a ''serious'' crime in California to traffic minors. Anyone convicted of at least three "serious" felonies in California faces a sentence of between 25 years and life in prison under the ''three strikes law.''

''California leads the nation with some of the toughest laws against trafficking,'' said Assembly Speaker Robert Rivas, a Democrat.

What changes are proposed?

Those who are 16 or 17 years old were not included in bipartisan legislation on sex trafficking signed by Gov. Gavin Newsom last year. The law, which took effect this year, allows prosecutors to charge those who solicit and buy sex from minors 15 or younger with a felony. It left in place an existing law that limits the penalty for soliciting older teens to a misdemeanor.

Assemblymember Maggy Krell, a Democrat with a background as a prosecutor, wanted to expand the law Newsom signed to include older teens. Children under 18 who are bought for sex are considered victims of human trafficking under federal law and should receive the same protection under California law, she said.

''If you're 17 years old on the street corner and an old man comes up and purchases you for sex, that's rape,'' Krell said. ''That should be treated as a felony.''

Why do some Democrats oppose the change?

Democrats on the Assembly Public Safety Committee amended Krell's bill to drop the provision that would make it a felony to solicit and buy sex from older teens. They agreed with Krell's goal but worried the approach could have unintended consequences.

Leigh LaChapelle of the Coalition to Abolish Slavery & Trafficking told lawmakers at a hearing that the policy could be used to target 16- and 17-year-olds who are in relationships with other minors.

''They are worried about the way that the criminal legal system can be utilized by parents who are upset about interracial and LGBTQ relationships," LaChapelle said.

During Thursday's legislative debate, Democrats said it's important to give prosecutors the discretion to decide on penalties in these cases.

Newsom, first partner Jennifer Siebel Newsom and Lt. Gov. Eleni Kounalakis criticized the committee's actions.

''The law should treat all sex predators who solicit minors the same — as a felony, regardless of the intended victim's age. Full stop,'' Newsom's office said in a statement. He rarely comments on pending legislation.

What happens next?

Several moderate Democrats, including Krell, broke with their party Thursday to vote with Republicans. Democrats instead backed an amendment saying they plan to ''adopt the strongest laws to protect 16- and 17-year-old victims.''

Assemblymember Nick Schultz, who chairs the public safety committee, said he's committed to bringing a new proposal on the issue forward this year.

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