Posted on 02/21/2019 3:34:23 PM PST by walford
State Senator Scott Wiener (D-San Francisco) and Assemblywoman Susan Eggman (D-Stockton) introduced recent legislation to end blatant discrimination against LGBT young people regarding Californias sex offender registry.
However, under their bill, SB 145, the offenders would not have to automatically register as sex offenders if the offenders are within 10 years of age of the minor.
Wiener claims the current law disproportionately targets LGBT young people for mandatory sex offender registration, since LGBT people usually cannot engage in vaginal intercourse.
Existing law, the Sex Offender Registration Act, amended by Proposition 35 by voters in 2012 (Ban on Human Trafficking and Sex Slavery), requires a person convicted of a certain sex crime to register with law enforcement as a sex offender while residing in California or while attending school or working in California.
Wiener says, Currently, for consensual yet illegal sexual relations between a teenager age 15 and over and a partner within 10 years of age, sexual intercourse (i.e., vaginal intercourse) does not require the offender to go onto the sex offender registry; rather, the judge decides based on the facts of the case whether sex offender registration is warranted or unwarranted. By contrast, for other forms of intercourse specifically, oral and anal intercourse sex offender registration is mandated under all situations, with no judicial discretion.
This bill would authorize a person convicted of certain offenses involving minors to seek discretionary relief from the duty to register if the person is not more than 10 years older than the minor, SB 145 states.
Proposition 35 was created and passed to protect children from sexual exploitation and sex trafficking. Victims of sex trafficking are often vulnerable children, afraid for their lives and abusedsexually, physically, and mentally, the Proposition said.
What Does SB 145 Also Do?
Legislators Wiener and Eggman say they are trying to shield LGBT young people from having to automatically register as sex offenders for specified sex crimes. But their bill does much more.
SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. a sex act) the ability to escape registering as a sex offender as long as the offender is within 10 years of age of the minor. No specification is made as to whether the sexual offender is straight or LGBT.
SB 145 would add a section to the states penal code (Section 290.55) stipulating that as long as the offender is not more than 10 years older than the minor, they are not automatically mandated to register as a sex offender. There is no age limit or range specified, except for existing law which already excludes lewd acts with children under 14.
SB 145 appears to allow adults to victimize minors by luring them with the intent to have sex, and then shields the predator from being automatically registered as a sex offender, as in the case of a 25 year old luring a 15 year old for sex, or a 22 year old luring a 12 year old.
SB 145, as currently written, appears to allow certain sexual predators to live among the population without anyone being aware.
Why is this bill needed?
Here is the text from SB 145:
This bill would authorize a person convicted of certain offenses involving minors to seek discretionary relief from the duty to register if the person is not more than 10 years older than the minor.
Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.55 is added to the Penal Code, immediately following Section 290.5, to read:
290.55. (a) A person convicted of an offense specified in subdivision (b) may, by writ of mandate, seek discretionary relief from the duty, imposed as a result of that conviction, to register pursuant to the act if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minors date of birth to the persons date of birth.
Here is the current California Penal Code § 288.3 (2017)
(a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.
(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system.
(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
Last week, California Globe reported on another sex crime bill introduced by California Democrats: legislation to shield a person from the consequences of crimes they commit in California, even violent ones, as long as the person reports the crimes to authorities.The language of the proposed statute appears to immunize a person from ANY crime so long as they are reporting a violation of a sex crime law. Sen. Scott Wiener is the author of California Senate Bill 233.
So 19 and 9 is Okay.....
sicko political hacks have destroyed the once-Golden State of Californication
Quick, let’s invade Venezuela & decriminalize homosexuality around the world while, here in the US, they are targeting our children for molestation & turning boys into girls at age 5.
Agreed...
17 vs an 8 year old? Seriously?
Man, the Democrats go a step lower each and every day.
Eh... 2 years, sure. 3 years, maybe. 10? No.
The 18 year old permanently on some list for knocking up his 16 year old girlfriend is stupid on top of stupid.
Every single child in California is turned into a sexual molestation target by perv teens.
A total cesspool not worth keeping.
Gotta protect that sacred casting-couch. X.x
A reasonable alternative would be to create a bounty on molesters open to gentlemen who have served time in prison. We can sympathize to some extent about the difficulty of finding honest work after they have done their time, so say a $5,000-$10,000 cash prize for smiting such degenerates unpunished by the law, would do much for their reintroduction to society.
It’s important to note that when the Hollywood coverup and Weinstein was exposed, all of the victims were female — and mostly adults.
We also heard testimony from people like Corey Haim who said they were pressured, groomed into being sex slaves to male homosexuals who held positions of authority in Hollywood.
None of these people have been exposed, much less prosecuted.
Folks, California is a symptom, and please don’t think this isn’t on the docket almost everywhere.
In a way, it’s good that California is so transparent, because it alerts us to what is taking place.
What do we think is going on in our public schools, the indoctrination of children on matters that are blurry even for adults?
It’s open season on our kids across the nation. Please don’t see this as only California, because you’ll be missing a very important eye opener, and what is really going on elsewhere, nearly everywhere.
I think that's legal now, since they are both minors. However, the 18 vs an 8 year old isn't legal, at least until Weiner's new law is passed by the commies in Sack-a-tomatoes.
And given the super majorities for the Demorats in both the Assembly and the Senate, and a Goober who makes Moonbeam look like a Conservative, this law is as good as done.
I agree, and that was just a question that had to be asked, so sane people could contemplate it.
So they think a 17 year old couldn’t abuse an 8 year old. Just wow...
I guess eight years old is now the age of consent here.
No, as noted in the article, a separate part of the statute prohibits sex with any minor under 15, even by another minor. That is generally the law in every state, although some may be 16.
This is his schtick. Hes the same guy who effectively legalized intentionally transmitting HIV. These are the people who get elected in CA.
Who did Scott WIENER get to co-sponsor this POS? Buster Hyman? Peter Long?
Wiener joined Assembly member Todd Gloria to author SB 239, which aims to change the laws that make it a felony to expose someone to HIV without their knowledge and consent.[23] Wiener said that the laws unfairly single out HIV-positive people.[24] The bill passed and was signed by Governor Jerry Brown on October 6, 2017.[25]
Wiener partnered with state Senator Toni Atkins to author SB 179 to create a third, non-binary gender option on government documents.[26][27]
Wiener authored SB 219, which protects the rights of LGBT seniors living in long-term care facilities.[28] The bill was opposed by groups who argued the bill criminalized bathroom gender designations and would force care providers to address those under their care with gender appropriate language.[29] Wiener called these arguments "transphobic" and "absurd".[30]
Eggman is openly lesbian and is a member and past chair of the California Legislative LGBT Caucus.[1] She is also a member of the California Latino Legislative Caucus.
“I guess eight years old is now the age of consent here.”
The whole damn place needs to drop off into the pacific.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.