As of January 1, 2026, California law significantly increases penalties for soliciting minors. Assembly Bill 379 (AB 379) expands felony exposure for adults accused of soliciting 16- and 17-year-olds for sex.

For decades, solicitation of prostitution was typically prosecuted as a misdemeanor under Penal Code 647(b).

However, recent legislative changes — including SB 1414 and now AB 379 — reflect a policy shift toward harsher penalties involving minors.

If you are facing charges under AB 379, you may be confronting felony prosecution, potential state prison exposure, and serious long-term consequences. Immediate legal representation is critical.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

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What Is AB 379?

AB 379 is a California human trafficking reform law designed to strengthen penalties related to the commercial sexual exploitation of minors.

The law:

• Expands felony charging authority for solicitation involving minors

• Reinstates penalties for loitering with intent to purchase sex

• Increases fines tied to trafficking prevention

• Directs revenue to survivor support programs

The central change affecting defendants is the expansion of felony exposure when soliciting 16- and 17-year-olds.

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Is It Now a Felony to Solicit a Minor in California?

Yes, in specific circumstances.

Under AB 379, solicitation of a 16- or 17-year-old may be charged as a felony if:

• The minor is 16 or 17 years old; and

• The defendant is at least three years older than the minor

This creates what is commonly referred to as the three-year age gap rule.

For example:

• A 21-year-old soliciting a 17-year-old may face felony charges

• A 19-year-old soliciting a 17-year-old may face misdemeanor charges

Prosecutors retain discretion because the offense is a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on:

• Criminal history

• Circumstances of the alleged conduct

• Evidence strength

• Prosecutorial policy

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Relationship to SB 1414

Before AB 379, SB 1414 had already made solicitation of a minor under 16 a wobbler offense.

AB 379 expands felony eligibility to cover minors aged 16 and 17, subject to the age-gap requirement.

This reflects California's legislative intent to treat adult solicitation of minors as a trafficking-related offense rather than a low-level vice crime.

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What Are the Penalties for Felony Solicitation Under AB 379?

If charged and convicted as a felony, penalties may include:

• 16 months, 2 years, or 3 years in state prison

• A mandatory $1,000 fine

• Formal probation in some cases

• Mandatory human trafficking education programs

The fine contributes to a Survivor Support Fund.

Felony exposure dramatically changes plea leverage and sentencing risk.

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Additional Collateral Consequences

A felony conviction can result in:

• Permanent criminal record

• Loss of firearm rights

• Professional license suspension or revocation

• Immigration consequences for non-citizens

• Housing and employment barriers

While solicitation does not automatically require sex offender registration, felony circumstances involving additional qualifying offenses could trigger Penal Code 290 registration requirements.

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When Does Sex Offender Registration Apply?

Registration may be required if:

• The minor was under 16; or

• The defendant is convicted of an additional qualifying sex offense

Registration consequences can last decades or even a lifetime, depending on tier classification.

Early defense intervention is crucial to prevent registration-triggering outcomes.

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How Prosecutors Decide Between Misdemeanor and Felony Filing

Because the offense is a wobbler, prosecutors evaluate:

• Defendant's prior criminal record

• Evidence of intent

• Communication content

• Whether payment was discussed

• Whether the defendant traveled or took steps toward completion

• Sting operation context

Strong early defense advocacy can influence filing decisions before formal charges.

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Common Defense Strategies in AB 379 Solicitation Cases

Every case requires individualized analysis. Common defense strategies include:

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Lack of Knowledge of Age

If the defendant reasonably believed the person was over 18, this may defeat felony enhancement arguments.

Factors may include:

• False identification

• Online profile misrepresentation

• Deceptive appearance

Age knowledge becomes a critical evidentiary battleground.

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Lack of Specific Intent

Solicitation requires intent to engage in sexual activity for compensation.

Defense may argue:

• No agreement was formed

• No overt act occurred

• The conversation was ambiguous or incomplete

• No substantial step toward commission

Merely communicating is not always sufficient.

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Entrapment

Many solicitation arrests arise from sting operations.

Entrapment occurs when:

• Law enforcement induces a normally law-abiding person

• Police pressure exceeds permissible boundaries

• The defendant was not predisposed to commit the crime

Entrapment is a complete defense if proven.

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Challenging Digital Evidence

Online cases may involve digital evidence:

• Text messages

• Dating app communications

• Social media records

• IP tracking

Defense may challenge:

• Authenticity

• Search warrant validity

• Illegal digital seizure

• Chain of custody

Suppression motions can significantly weaken prosecution cases.

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Pre-Filing Defense Strategy

In many AB 379 cases, intervention before formal filing can:

• Present exculpatory evidence

• Challenge intent

• Clarify age misunderstandings

• Negotiate misdemeanor treatment

• Seek DA rejection

Prosecutors often reassess cases when confronted with strong early defense advocacy.

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Frequently Asked Questions

Is solicitation always a felony now?

No. It depends on the age gap and prosecutorial discretion.

What is the three-year age gap rule?

The defendant must be at least 3 years older than a 16- or 17-year-old to be eligible for felony charges.

Does felony solicitation require prison time?

Not always. Sentencing depends on the facts of the case and the criminal history.

Can online sting operations be challenged?

Yes. Entrapment and suppression of digital evidence may apply.

Will I have to register as a sex offender?

It depends on age and related charges. Registration is not automatic in every case.

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Why Legal Representation Is Critical Under AB 379

The enactment of AB 379 transforms solicitation of certain minors into a high-stakes felony matter.

The difference between a misdemeanor and felony filing can alter:

• Prison exposure

• Lifetime consequences

• Registration risk

• Career survival

Prosecutors now have increased leverage. Without strategic defense intervention, defendants may face life-altering outcomes.

An experienced criminal defense team can:

• Intervene early

• Negotiate filing decisions

• Challenge digital evidence

• Raise entrapment defenses

• Protect against registration consequences

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Speak With a California Criminal Defense Attorney

AB 379 marks a major shift in California solicitation law. If you are under investigation or have been charged, do not speak to law enforcement without counsel.

Felony exposure, prison risk, and collateral consequences require immediate legal strategy.

Contact an experienced California criminal defense attorney to review your case and protect your future.