Feb

19

2014

AB 1791, as introduced, Maienschein. Human trafficking.

Existing law makes it a crime to engage in specified forms of disorderly conduct, including soliciting or agreeing to engage in or engaging in any act of prostitution. Those crimes are punishable as misdemeanors.

Existing law, the Sex Offender Registration Act, requires persons who are convicted of specified sex offenses to register with local authorities while residing, located, attending school, or working in this state. The willful failure to register, as required, is a misdemeanor or a felony, depending upon the underlying offense. These provisions do not apply to defendants who are convicted of the provisions of disorderly conduct relating to prostitution.

Existing law provides that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of specified crimes, including specified sex offenses and extortion, is guilty of human trafficking and subject to punishment by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000, or, if the crime involved force, fear, fraud, or specified coercive acts, 15 years to life and a fine of not more than $500,000. A person who is convicted of one of these offenses is required to register as a sex offender pursuant to the Sex Offender Registration Act.

This bill would expand the scope of that crime, and the Sex Offender Registration Act, to apply to a person who recruits, harbors, transports, provides, sells, purchases, or obtains, or attempts to recruit, harbor, transport, provide, sell, purchase, or obtain, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of one of the list of offenses specified under existing law. In addition, the bill would expand that list of offenses to include additional crimes relating to procuring prostitution, including the forms of disorderly conduct relating to prostitution that are currently punishable as misdemeanor offenses, thereby making those offenses punishable as felonies. Because the bill would impose additional costs on local law enforcement entities, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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