As they should. Really? [ Approved by Governor September 11, 2020. Consequently, this affects gay people much more severely than straight individuals. “Now a 21 year old can have sex with an 11 year old, and not be listed on the sex registry as a sex offender. I agree that not revising & reducing the 10 years gap while they were looking at this part of the legislation to make it fairer and more comprehensive they have made a mistake. If that 18 year old male engages in sex with that 17 year old female, he will be found guilty of statutory rape but the judge has room to hear the facts and decide whether or not that male has to register as a sex offender. News Nor without the support of the governor. Gavin Newsom’s signature, would not legalize pedophilia. If laws were easier to amend in its totality, then unfair laws may not survive from President to President but the same fate would go to good, well crafted and thought laws, they would be too easy to scrape or change to suit unfair Presidents agendas. Will Top Talk Station Have to Give Free Airtime to Clovis Council Candidates? I know not everyone loses their virginity before 18 but most Americans do... meaning most Californians have participated in statutory rape. Many people have called it the “Sex Offender Freedom” Act. As it stands now the law is unfair. Thus, adult homosexuals could prey on young teenagers sexually – as happens so much – and not be considered sex offenders. This is one of the bad aspects of statutory rape laws in many jurisdictions (not just California). California state senator and radical gay activist from San Francisco Scott Wiener introduced a bill (SB 145) that would decriminalize men having sex with young boys and no one blinked. The law now does not give deference to a judge to decide whether a homosexual encounter between males requires them to register as a sex offender. There are plenty of people to share the criticism. Republicans Acknowledge Biden’s Victory, ‘Democracy Prevailed’: Biden Aims to Unify Divided Nation, What Does Poll Show About Vaccines, Mask Mandate and a Replacement for Harris’ Senate Seat, How California Reached Historic Voter Turnout Despite Pandemic, Distrust, Fresno Woman Prepares to Cast Electoral College Ballots for President, VP. It makes me glad I'm no longer at the age where (even if I was dating) my typical dating pool is going to be anywhere near "possibly underage". SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. Jessica Levinson, a professor at Loyola Law School, called the claims “hogwash” in an interview with The Associated Press. Same Scenario/different genders: A 17 year old girl and an 18 year old boy are dating. Don't get me wrong, I'm in favor of the idea the bill is going for. I would think the minimum would be like 15 or 16. SB 145 changes that. And what does involves to rewrite it completely? A 'Well Liked' Veteran Fresno Police Officer Is in the Hospital With COVID-19, Layoffs Remain Elevated as 803,000 Seek Jobless Aid, Trump Pardons 15, Commutes 5 Sentences, Including GOP Allies, California Water Stockings Stuffed With $1 Billion in Federal Funding, That 3-Martini Lunch Write Off in COVID Bill Is Causing a Stir. This is just my opinion, but 13yo's? Save my name, email, and website in this browser for the next time I comment. So that a 20-year-old with a 17-year-old falls within judicial discretion, or even a 19-year-old with a 16-year-old. State. On the last day possible, the California legislature passed Senate Bill 145. Do you think a young 14 year old boy can be easily influenced by a 24 year old man? Currently, if the offender and a victim in a statutory rape case are close enough in age, a judge may use their discretion in sentencing the offender regarding whether or not they must register as a sex offender. On Saturday, California Governor Gavin Newsom signed Senate Bill SB-145 into law. Spread the loveTHE CLAIM: California just passed Senate Bill 145, a bill that would end felonies for child rape and legalize pedophilia in the state. (2013-2014) Senate Bill No. 145 CHAPTER 777 An act to amend Section 311.11 of, and to repeal and add Section 288.2 of, … Posts making such claims fundamentally misrepresent what SB 145 does, according to the bill’s authors and outside experts. It also would not apply if either party claims the sex was involuntary. But I wonder if the 10 years gap is a difficult part to amend for some reason. I understand that it's at the judge's discretion to do it at all but time and again we see justice handed out too softly to sex offenders. It might also allow a judge to show a certain amount of leniency - no one can deny the 23 year old fucked the 16 year old, but everyone including the 16 year old is saying they lied and said they were 18. He went on to explain that SB 145 would eliminate automatic sex offender registration for adults who have anal or oral sex with a minor. Please review Rule 4 and this post before making a top level comment: I am a bot, and this action was performed automatically. The bill is intended to reform the state’s sex offender registry to be […] And another thing: Scott Wiener shouldn’t be taking ALL of the criticism on this. Due to the Senate’s passage of this bill, SB 145 will move to the Assembly for a series of votes. It treats homosexuals differently than heterosexuals. Sen. Scott Wiener's SB145 Isn't a 'Pedophile Bill.' “The accusation that it somehow allows pedophilia is simply not true,” Levinson said. Gavin Newsom in September 2020, shields pedophiles who rape children from having to register as sex offenders. 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. SACRAMENTO, Calif. — Today, Senator Scott Wiener’s (D-San Francisco) Senate Bill 145, which ends blatant discrimination against LGBTQ youth regarding California’s sex offender registry, passed the Senate on a 24-2 vote. Cookies help us deliver our Services. The bill deals with sex acts between adults and minors (commonly referred to as statutory rape), which in California remain crimes punishable by up … Senate Bill No. They are in love. Answer: to understand this we need to understand California’s current laws regarding statutory rape and sex offender registries. The law basically does away with that problem and broadens the judge discretion bit to include non-vaginal sex. The Judge makes a call based on the case provided the particulars of the case fit certain criteria. Given the potential ramifications, it must be an immediate priority of the California legislation. TLDR; Right now the law states any homosexual sex that falls into the statutory rape category must result in the offender registering as a sex offender whereas any heterosexual sex that falls into the statutory rape category results in the offender getting his day in court to plead against having to register as a sex offender based on circumstances. “This bill allows judges and prosecutors to evaluate cases involving consensual sex acts between young people, regardless of their sexual orientation, on an individual basis,” the statement said. It is automatic registration for oral or anal penetration. If a statutory rape case involved anal sex, the offender could not be excused from registering, even if the circumstances would have persuaded a judge to allow such excuse in a case involving vaginal sex. “Senate Bill 145 has been controversial since its introduction,” stated ACSOL Executive Director Janice Bellucci. Can’t ask for ID (as wierd as that is) fake ones are easy to get. Ten of the Senators present at the time of the vote chose not to vote on this bill. U.S. AP News The California Legislature passed Senate Bill 145 (SB 145) on August 31, a law that exempts some people convicted of certain sexual offenses with minors from having to register as sex offenders.. LGBT activists and their allies argued that current California sex offender registration laws discriminate against LGBT young people and should be changed. 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Hell, you could literally check their ID yourself but if they give you a fake one it's "too bad, sex offender status for you". SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office, and Equality California. The California Senate passed Senate Bill (SB) 145 by a vote of 25 to 3 on May 28. I was in agreement with this until the 10 year part. The offender is going to be guilty of statutory rape, but there is given deference to the judge in the heterosexual realm and no deference in the homosexual realm whether they have to register as sex offenders. Just how are they supposed to verify that the they are older than 18? The pedophilia bit is more complex and is purely political. The bill does not include forcible acts. Now, as absurd as that is. But maybe that unequal treatment wasn’t the only bad thing about the old law. If a gay man has sex with an underage minor who lies about his age and looks like an adult, the offender will be forced to register as a sex offender, whereas if the individuals were a man and a woman, the offender could avoid that requirement. All it does is allow a Judge - at the Judge's discretion - to look at a case that meets certain criteria and make a decision that perhaps the person found guilty of statutory rape does not need to be registered. I suspect there is more comolexity to the current law and to creating new laws than we are ‘ allowed’ by the media to know. 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Friendly reminder that all top level comments must: start with "answer:" (or "question:" if you have an on-topic follow up question to ask). SB 145 would only amend California law to list other types of intercourse. That means a judge can give a break to a 24-year-old who seduces a same-sex 14-year-old. Press question mark to learn the rest of the keyboard shortcuts. Required fields are marked *. Maybe that part about allowing judicial discretion within a 10-year age gap was equally bad. One would assume this would cover cases such as a 22 year old and a 17 year old as that's statutory rape, but the age gap is close. California Senate Bill 145 would erase a discriminatory sentencing law that has disproportionately targeted members of the LGBTQ community to register on California’s sex offender list has received support from law enforcement and civil rights advocates. 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