By JW August
Legislation aimed at making child trafficking a felony in California was signed into law Monday, Jan. 27, by Gov. Gavin Newsom.
For the supporters of SB 1414, authored by Sen. Shannon Grove (R-Bakersfield) it’s a good news-bad news outcome. While the bill builds on continuing efforts to criminalize the trafficking of children 18 and under, it comes up short of the legislation’s original goal.
SB1414 had the backing of a coalition of more than 100 organizations. What was signed by the governor doesn’t finish the job, say anti-trafficking activists. Groves doesn’t disagree with the criticism, saying Monday that while her bill provides “a significant step in the right direction” to protect children from child sex traffickers and buyers, “there is still work to be done.”
What is missing, critics say, is the way 16- and 17-year-old juveniles are treated. This age group was to be among those safeguarded by the bill when it was first introduced two years ago. Since then, it’s been a push-pull with the Senate Public Safety Committee, which cut parts of Grove’s legislation.
Marjorie Saylor, Director of Human Trafficking Services and Awareness with the San Diego County District Attorney’s Office, calls it “watered down legislation,” explaining that “we will now protect under 15-year olds but 16- and 17-year-olds have to prove force, fraud, coercion.”
Considering the age of the victims and the possible trauma they endured, it might be a tough get for prosecutors. She says the bill has the effect of undermining federal law.
She explains that the primary federal law that addresses human trafficking, the Trafficking Victims Protection Act, specifies that anyone caught selling children 18 years and younger faces serious federal charges.
But most prosecutions for trafficking are in state court, and the federal laws are not applicable. Saylor adds that it “places a target on 16- and 17-year olds for sex buyers and traffickers.”
In addition, SB1414 says that someone found to be soliciting or buying children 15 and under for sex can only be charged as a “wobbler,” meaning that the charges can wobble between either a misdemeanor or a felony. On top of that, the felony charge carries a penalty of time in jail, not prison. Buying 16- and 17-year-olds for sex is only punishable as a misdemeanor.
Saylor was adamant about the need for more legislation.
“It’s insane that it’s not a felony to let a person buy a child in California.”
