CA Opposes Tougher Penalties and Prison for Soliciting Sex from Minors: ‘It’s Too Expensive’

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The California Department of Finance (DOF) has formally opposed Senate Bill 1414 (SB 1414), a measure that seeks to impose stronger criminal penalties on individuals who solicit sex from minors. The bill, introduced by State Senator Shannon Grove (R-Bakersfield), initially aimed to make both attempted and successful solicitation of sex with a minor a felony. The proposed penalties included a prison sentence ranging from two to four years, a fine of up to $25,000, and mandatory registration as a sex offender. This would apply regardless of whether the offender knew, or reasonably should have known, that the person solicited was a minor.

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The Center Square reports that California Democrats amended the bill against Grove’s wishes, significantly reducing the severity of the penalties. The revised bill now makes purchasing sex from 16- and 17-year-olds a misdemeanor. Solicitation of children 15 years old or younger would be treated as a “wobbler” offense, meaning it could be charged as either a misdemeanor or a felony, but would not carry a prison sentence.

The bill, which passed the California Senate, now faces the Assembly Appropriations Committee. In its opposition letter, the DOF raised concerns about the potential financial impact of SB 1414, stating that the legislation would likely lead to an increase in court cases and a rise in the adult jail population.

“We regret that we must oppose your legislation,” the DOF wrote in its letter to lawmakers. “This bill expands the definition of crime and could lead to additional cases entering the court system, increasing the statewide adult jail population and impacting the ability of counties to manage their offender population.”

The DOF highlighted that under SB 1414, repeat offenders could face harsher penalties under California Penal Code section 1170(h), which could result in state prison sentences for individuals with prior felony convictions. The department expressed concern that this could reverse recent progress in reducing California’s prison population, which has allowed the state to remain below court-ordered population caps and close some prisons, resulting in hundreds of millions of dollars in savings annually.

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The DOF also pointed to the potential increase in judicial costs, noting that the bill could add to trial court caseloads, exacerbating court backlogs and creating additional pressure on the state’s General Fund.

The Assembly Appropriations Committee’s analysis echoed the DOF’s concerns, emphasizing the high cost of incarceration. The analysis noted that the average annual cost to incarcerate a person in county jail is approximately $29,000, while the cost to incarcerate someone in state prison is $133,000. The committee also warned that the state’s General Fund faces a structural deficit in the tens of billions of dollars over the coming fiscal years.

Senator Grove expressed her frustration with the opposition on social media, writing on X, “In CA purchasing a child for sex is only a misdemeanor. My bill SB 1414 is trying to make it a felony punishable by prison time. The CA Department of Finance openly opposed my bill because they said it costs too much to lock up predators… the ones that like to have sex with children.”

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