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Solicitation of Minors Under 16 Now a Felony

Posted by Dmitry Gorin | Jan 27, 2025

The State of California has recently enacted legislation with the intent of intensifying penalties for sex trafficking and offering stronger protections for victims.

Most notably, in September 2024, Governor Gavin Newsom signed SB 1414, which reclassifies the act of soliciting sex from a minor under the age of 16 from a misdemeanor to a "wobbler" offense, meaning it can now be charged as a felony, not just a misdemeanor.

Solicitation of Minors
California Senate Bill No. 1414 reclassifies soliciting sex from a minor under 16 and can now be charged as a felony crime.

This legislative move not only signals California's firm stance on protecting vulnerable youth from exploitation but also offers reassurance to the public that stricter consequences are being imposed on offenders.

Simply put, the penalty for soliciting and buying sex from minors under 16 will be raised to a felony under a new California law signed by Democratic Gov. Gavin Newsom.

Current state laws limit the penalties for soliciting a minor to a misdemeanor. The new law will make it a felony if the victims are under 16, and prosecutors will also be able to charge repeat offenders with a felony if the victims are at least 16 years old.

The bipartisan measure, drafted with input from survivors and receiving overwhelming support from the Legislature, instills confidence in the public about the law's effectiveness.

Supporters believe the new law will help California correct its outdated provisions, a crucial step to protect more children and help law enforcement go after criminals who solicit minors for sex. This bill would make this offense applicable only to a defendant who is 18 years of age or older at the time of the offense.

The bill would make the offense punishable as a wobbler if the person solicited were under 16 years of age or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking. The bill would make the offense punishable as a wobbler by imprisonment in the county jail for not more than 1 year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years.

For a 2nd or subsequent offense under those conditions, the bill would require that the offense be punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.

What are the Provisions of the New Law?

Prior to SB 1414, soliciting a minor for sex (i.e., prostitution) was categorized solely as a misdemeanor, a form of "disorderly conduct" under PC 647. Under SB 1414, the following important changes have been made in the penalty system for solicitation:

  • Solicitation of a minor under the age of 16 now classifies as a "wobbler" offense, meaning prosecutors can charge it either as a misdemeanor or a felony.
  • Solicitation of a minor aged 16-17 can also be charged as a felony if the defendant is a repeat offender or the minor is a victim of sex trafficking.

Under this law, solicitation of a legal adult (18 or over) still classifies as a misdemeanor.

It bears mentioning that no sexual activity needs to take place with the minor for you to be charged with felony solicitation. The mere act of soliciting the person for sex with intent to commit the act, backed by an overt action such as payment or arranging a meeting, qualifies as a crime.

Ramifications of Felony Offenses

A felony offense, by definition, represents a more serious category of crime when compared to a misdemeanor. It carries the potential for more severe penalties, including longer prison sentences, hefty fines, and long-term consequences that extend beyond incarceration. Under SB 1414, if you're convicted of soliciting a minor at the felony level, you could face:

  • Incarceration for 16 months, two years, or three years; and/or
  • Up to $10,000 in fines.

Felonies appear on criminal records, which may affect employment, housing, and other opportunities in the future. In addition, being convicted of a felony means you permanently lose your right to own or possess a firearm, even if your felony conviction is eventually sealed later on.

Mandatory Sex Offender Registration

One of the most consequential outcomes of SB 1414 is the mandatory sex offender registration requirement for certain offenders. The law stipulates that adults convicted of soliciting minors under specific conditions must register as sex offenders for a minimum of ten years.

California Sex Offender Registration

This provision is particularly applicable in cases where the offender is at least ten years older than the minor involved.

Registering as a sex offender has profound and lasting implications. Individuals added to California's sex offender registry may face public scrutiny, restrictions on where they can live, and mandatory community notification laws.

Such requirements reinforce the state's aim to protect the public and deter repeat offenses. However, it also underscores the gravity that a felony solicitation conviction could have on your future if you are convicted of this crime.

Simply put, existing law requires people convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years.

This bill would require someone who is 18 years of age or older, on or after January 1, 2025, is convicted of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years if, at the time of the offense, the person was more than 10 years older than the solicited minor.

What are Some Additional Potential Charges?

SB 1414 does not preclude other California statutes, which may result in additional charges depending on what happens after solicitation occurs. It's important to be informed and prepared for these potential charges. Two common additional charges associated with soliciting a minor include:

  • Statutory Rape (Penal Code 261.5 PC): When sex occurs between an adult and a minor aged 18 or below, the law can designate it as statutory rape. This can be charged as either a misdemeanor or a felony, depending on the age difference between the adult and the minor.
  • Lewd Acts with a Minor (Penal Code 288 PC): If the minor is under age 14, any sexual contact classifies as an additional felony offense punishable by up to 8 years in prison.

Defending Against Solicitation of Minor Charges

With the enactment of SB 1414, the stakes are even higher if you are accused of soliciting a minor under the age of 16. A skilled California criminal defense attorney may employ one or more of the following strategies to counter the charges:

  • Lack of Intent: You did not possess the specific intent to engage in a criminal act. For instance, actions or communications toward the minor were misconstrued or taken out of context.
  • Mistaken Age: You reasonably believed the minor was of legal age based on the minor's appearance, actions, or misrepresentation. (This defense won't negate the charge of solicitation, but it may keep the charge at the misdemeanor level.)
  • No Minor Involved: The person solicited was above the age threshold for the crime as of the time the solicitation occurred.

For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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