CALIFORNIA, USA — The penalty for soliciting and buying sex from minors 15 and under will be raised to a felony under a new California law signed by Democratic Gov. Gavin Newsom on Thursday.
Current state laws limit the penalties for soliciting a minor to a misdemeanor charge, punishable by as few as two days in jail.
The new law - Senate Bill 1414, authored by Sen. Shannon Grove (R-Bakersfield) - goes into effect in 2024.
For a repeat offender buying sex with any minor 17 and under, prosecutors will be required to charge them with a felony.
For someone charged for the first time with buying sex with a child 15 and under, prosecutors can opt to charge them with a felony. If the victim is 16 or 17, the person buying sex can be charged with a felony only if the teen is a victim of trafficking, according to the new law.
The law is aimed at penalizing the act of paying for sex, whether or not sex actually occurs.
Trafficking survivor Jenna McKaye advocated for SB 1414 and says it's not perfect but it's a step in the right direction.
"It will make a big difference in victims' lives and their healing journeys. Getting that justice is a huge piece of the healing work that they'll have to endure," McKaye told ABC10. "There's still a lot of work to do."
She met her trafficker when she was 17 years old.
“I went to a private school. I was headed to play college volleyball, and I was lured out of high school by a boy that was just a year older than me," McKaye said. "I was sold down the street from my school - in my community that I grew up in - for almost a year.”
She has since turned her trauma into advocacy, and she has written a book about her experience, which is coming out this fall.
"It's not worth it for anyone who wants to exploit a child," said Sonia Martinez Satchell, Supervising Deputy District Attorney with the Sacramento County District Attorney's Office. "Is, you know, two days in jail - [current] mandatory minimum - enough to address a child's trauma? Absolutely not. That'll never be enough. And felony convictions will never be enough, but hopefully it's enough to stop and begin some actual deterrence in our community.”
After her bill's signing Thursday, Sen. Grove said, "today marks an incredible victory for California children. With the signing of my bill, SB 1414, we are reaffirming our commitment to safeguarding the most vulnerable among us — our children.”
The bipartisan measure was drafted with input from survivors, the author said. It received overwhelming support from the Legislature and the first partner Jennifer Siebel Newsom, who said the new law will help California correct its outdated provisions. The measure is a crucial step to protect more children and help law enforcement go after criminals who solicit minors for sex, supporters say.
The California legislation doesn't go as far as laws in other states. In Texas, for example, an adult would be charged with a felony for soliciting a minor under 17 and could face harsher penalties if the victim was under 14.
Gavin Newsom on Thursday also signed three other measures to boost protections for human trafficking and domestic violence victims, including one requiring emergency rooms to implement protocols to allow patients who are potentially victims to discreetly notify health care workers of their abuse.
“Human trafficking is a disgusting and reprehensible crime that leaves lasting pain on victims and survivors,” the governor said in a statement. "These new laws will help us further hold predators accountable and provide victims with the support and care they need.”
The Democratic governor, who has said he “cares deeply” about the issue, last year signed another bill authored by Grove to make child trafficking a serious crime. Anyone convicted of at least three serious felonies in California is punished by a sentence of between 25 years and life in prison, known as the “three strikes law.”
