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 was co-sponsored by the Los Angeles County District Attorney’s Office, and Equality California. The same 10-year provision applies to existing law, however, in cases of penile-vaginal sex between a minor over 14 and an adult where intercourse was voluntary. It's kinda fucked up. THE FACTS: SB 145, which has passed the California Legislature and awaits Gov. 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. As they should. It adds to the ridiculousness of this law, SB 145, that is the way by which California is legalizing pedophilia. Gavin Newsom’s signature, would not legalize pedophilia. In those cases, the Judge can make the decision to not have the guilty party register as a sex offender. Jessica Levinson, a professor at Loyola Law School, called the claims “hogwash” in an interview with The Associated Press. More posts from the OutOfTheLoop community. Gavin Newsom in September 2020, shields pedophiles who rape children from having to register as sex offenders. Just how are they supposed to verify that the they are older than 18? It treats homosexuals differently than heterosexuals. Press question mark to learn the rest of the keyboard shortcuts. “SB 145 allows a sex offender who abuses a minor child as young as 14 years of age, to avoid being placed on the sex offender registry. Don't get me wrong, I'm in favor of the idea the bill is going for. If they’ve done all that is reasonable it shouldn’t be seen as their fault. Feel the media are not asking the right questions. Can’t ask for ID (as wierd as that is) fake ones are easy to get. They are boyfriend and girlfriend. This is one of the bad aspects of statutory rape laws in many jurisdictions (not just California). The bill now heads to Governor Gavin … There he is…….the leather-clad Castro Street wiener. SB 145 changes that. By using our Services or clicking I agree, you agree to our use of cookies. I know nothing about this, but I'm 98% certain that the fact that CA is generally considered a democratic state and Qanon saying every Democrat is a secret pedo probably plays a factor too. 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. 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. Just trying to do a daily profit headline, both sides the pro and against this bill. That seems reasonable to me. Example: A 17 year old male and an 18 year old male are dating. I wonder if SCOTUS would view the existing law as unconstitutional under the equal protection clause. A 10 year age gap is simply too much (when one of the parties is a minor – I’m not talking about a two legal adults ages 28 and 18.). It's important to note that in California, this is how it works right now for vaginal penetration. How is mouth stuff worse?? Thus, adult homosexuals could prey on young teenagers sexually – as happens so much – and not be considered sex offenders. But I wonder if the 10 years gap is a difficult part to amend for some reason. As it stands now the law is unfair. 145 CHAPTER 79 An act to amend Sections 290 and 290.006 of the Penal Code, relating to sex offenders. 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. 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. Can someone please explain this to me in simple terms? In other words - SB-145 simply changes the law so that homosexual sex or non-vaginal sex is subject to the same laws as heterosexual, vaginal sex. Lying and saying you are 18 is not a defense for the offender to this particular strict liability crime. Really? Maybe changing it to a 3 year age gap should have been part of the new law. "There’s been a lot of misinformation and straight-up lies about SB 145," said California State Senator Scott Wiener of San Francisco. He is going to automatically have to register as a sex offender. I just think ut could've been implemented better. Friday’s Creek Fire Updates: Cautious Optimism After 6% Containment; China Peak Explosion, 9/11 to Be Remembered in Virtual Events with Madera Marine, Fresno Sheriff, Newsom Taps Alex Padilla to Replace Harris in US Senate, California Desperately Searches for More Nurses and Doctors, Gov. On the last day possible, the California legislature passed Senate Bill 145. Here’s the second point which makes the Republicans in California, and people of sound-mind across the country, furious. Does anal sex get the same protection as vaginal sex? On Saturday, California Governor Gavin Newsom signed Senate Bill SB-145 into law. Sen. Scott Wiener's SB145 Isn't a 'Pedophile Bill.' Given the potential ramifications, it must be an immediate priority of the California legislation. What the law does is it gives parity, or equal rights to the homosexual male (in our example) as the heterosexual male had with regards to having to register as a sex offender. The bill now goes to the Governor who has up to 30 days to sign or veto it. This is just my opinion, but 13yo's? Those acts would include oral and anal sex and digital penetration. Instead, a judge would make the … I suspect there is more comolexity to the current law and to creating new laws than we are ‘ allowed’ by the media to know. Absolutely can and now you’re giving the old guy a new reason to go after children – he won’t have to be on the Sex Registry if he can prove the young child was complicit…..DISGUSTING! https://www.google.com/amp/s/amp.usatoday.com/amp/3456171001. I would think the minimum would be like 15 or 16. SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision. I know not everyone loses their virginity before 18 but most Americans do... meaning most Californians have participated in statutory rape. It seems unreasonable for it to be strict liability when it’s so hard to verify. 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. 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". California would eliminate a disparity in its statutory rape laws that critics say is a discriminatory vestige of the historic criminalization of gay sex, under a bill sent to Gov. 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. If that 18 year old engages in sex with the 17 year old the law says that that is statutory rape and no matter the findings of the court or the judge, that 18 year old must register as a sex offender. This law “exempts from mandatory registration under the act a … But maybe that unequal treatment wasn’t the only bad thing about the old law. Cookies help us deliver our Services. “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. So maybe equalizing the treatment of oral/anal with vaginal isn’t a bad idea. Gavin Newsom. SB 145 simply extends that discretion to other forms of intercourse. Do you think a young 14 year old boy can be easily influenced by a 24 year old man? 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. No specification is made as to whether the sexual offender is straight or LGBT. It is automatic registration for oral or anal penetration. 20 Loss, CFP Semifinal Moved From Rose Bowl to AT&T Stadium in Texas, MLB Tells Managers to Expect on-Time Spring Training Start, Live Events Industry Lost $30B Due to Pandemic, Pollstar Reports, Confirmed: Grizzlies Will Move to Cal League in Deal with Major League Baseball, Players Walk Off Over Racism Accusation in International Soccer Match, LIVE: Daily Briefing from Gov. She said that the 10-year age gap was too broad. A five year difference seems more appropriate to me. Many people have called it the “Sex Offender Freedom” Act. California is also fucking weird because the age of consent is 18 with no exceptions for minors. Due to the Senate’s passage of this bill, SB 145 will move to the Assembly for a series of votes. They are in love. SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. That means a judge can give a break to a 24-year-old who seduces a same-sex 14-year-old. SB 145 would expand that judicial discretion to include cases of voluntary oral or anal sex between an adult and a minor, within the same age parameters. Senate Bill No. I have tried googling it but I find the information in the articles overwhelming and difficult to comprehend. 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. Save my name, email, and website in this browser for the next time I comment. Our Top Picks Under current law, judges have sentencing discretion only in cases of voluntary, but illegal, penile-vaginal sex with a minor age 14 to 17 and an adult within 10 years of the minor’s age. The pedophilia bit is more complex and is purely political. 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. Consequently, this affects gay people much more severely than straight individuals. this is how it works right now for vaginal penetration. Voters Rejected These School Bonds in March. SB 145 would only amend California law to list other types of intercourse. Can’t go by looks I’m freaking 23 and I look 15. “The accusation that it somehow allows pedophilia is simply not true,” Levinson said. [ Approved by Governor September 11, 2020. The bill deals with sex acts between adults and minors (commonly referred to as statutory rape), which in California remain crimes punishable by up … 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. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. The bill faced opposition in the Legislature by some lawmakers, including Democratic Assemblywoman Lorena Gonzalez. 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. And another thing: Scott Wiener shouldn’t be taking ALL of the criticism on this. The law does not legalize pedophilia by any stretch, but some media outlets who had a more conservative or anti-LGBT slant framed this instead as being California allowing gay people to have sex with minors. What about creating a total new law? SB-145 Sex offenders: child pornography. But, the law without this new bill does give discretion to the judge to decide whether a defendant who engaged in heterosexual sex with a minor register as a sex offender. This makes sense for some people against the backdrop of QAnon, which already believe Democrats (CA if a democratic state and the bill was signed by a Democratic governor) are running pedophile trafficking rings. That said, if and when SB 384 is properly amended, I still find SB 145 unnecessary. Newsom to Quarantine; Staffer Tests Positive for Virus, Walters: Vaccine Rollout Could Make or Break Newsom, Some Lessons for Newsom and Democrats From the Last Recall Effort. SB 145 passed in both houses of the State Legislature late Monday evening. 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". District Attorney Says Voters Allowing Bad Behavior to Continue with Prop. Please contact the moderators of this subreddit if you have any questions or concerns. SB 145 has been widely condemned by social media users falsely claiming it would legalize pedophilia. Slight factual correction. “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. Maybe that part about allowing judicial discretion within a 10-year age gap was equally bad. U.S. Latest Answer: to understand this we need to understand California’s current laws regarding statutory rape and sex offender registries. Newsom’s decision to sign the legislation promises to have both a … The discretion is only allowed if the minor victim is 14-year-old or older and the statutory rapist is less than ten years older. Some people are 15 and look 23. Basically, it let’s judges decide on the facts of this person deserves to be a sex offender. I was in agreement with this until the 10 year part. The California Senate passed Senate Bill (SB) 145 by a vote of 25 to 3 on May 28. 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. https://www.factcheck.org/2020/09/california-bill-doesnt-make-pedophilia-legal (2013-2014) Senate Bill No. Specifically, SB 145 gives judges discretion over whether to make an adult register as a sex offender if they had anal or oral sex with a willing minor. Now, as absurd as that is. “Senate Bill 145 has been controversial since its introduction,” stated ACSOL Executive Director Janice Bellucci. A minor (anyone under 18) cannot consent to sexual activity. A ‘Well Liked’ Veteran Fresno Police Officer Is in the Hospital With COVID-19, Clovis Home Invasion Robbery Nets 5 Arrests, Seizure of Semi-Automatic Weapons, Trump Threatens to Torpedo COVID Relief With New Demands, Pfizer to Supply US With Additional 100m Vaccines Doses, Walters: Changing Election Rules Alters Outcomes, Opinion: California Small-Business Grant Program Is Right Thinking, but Flawed in Execution, Walters: No Federal Bailout for California Budget, Opinion: California Farmers Looking for Regulatory Sanity, Opinion: California’s Self-Inflicted Mental Health Crisis, Fox, Newsmax Shoot Down Their Own Aired Claims on Election, Biden to Address COVID Bill, Holiday Pandemic Precautions, ‘With Reservations’: Trump Voters Grapple With Biden’s Win, Turning the Page? HOWEVER, that discretion only applied to vaginal intercourse. A judge will still be able to place someone on the registry if the behavior at issue was predatory or otherwise egregious. The bill does not include forcible acts. Anything outside of that - a 17 year old and a 28 year old, or a 13 year old and an 18 year old, as examples - is automatic registration as a sex offender. SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office and Equality California. There are plenty of people to share the criticism. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. California Senate Bill 145, signed into law by Gov. A terrible piece of legislation, SB 145, passed out of the State Senate last year, and made it as far as the State Assembly Appropriations Committee. Instead, a judge would make the decision. Here Are the Facts. Press J to jump to the feed. 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. 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. The Judge makes a call based on the case provided the particulars of the case fit certain criteria. Your email address will not be published. A 24-year-old who has sex with a 14-year-old is a predator. It is automatic registration for oral or anal penetration. They are boyfriends. Bill supporters. This is why it is called 'statutory rape' (empowered by statute), it is a 'strict liability' crime (allowing for little or no defenses), and what the defendant thought (what age they were) doesn't matter. Until that oversight within SB 384 is addressed, SB 145 should be considered moot. U.S. AP News You could meet someone in a bar or some other place that checks ID and that still wouldn't be a defense. Gavin Newsom, ICYMI: 'How Not to Die' by Dr. Michael Greger, US Growth of Islam Creates Need for Religious Scholars, Trump Explains His Pillars of Policy Home and Abroad, Muslim Youth Have a Place to Call Their Own at My Deen, Fresno City, Reedley Colleges Officially Cancel Sports Seasons Due to Pandemic, Pro Soccer Eyes Return with New Fresno Stadium at Selland Arena Site. Your email address will not be published. A subreddit to help you keep up to date with what's going on with reddit and other stuff. You can almost always tell a 13yo and 18yo apart if not by looks, then by the way they act. In simplest terms - it does not make pedophila legal. 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. And what does involves to rewrite it completely? It essentially gives the heterosexual male his day in court to plead his case against registering whereas the homosexual does not get his day in court. 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. Ten of the Senators present at the time of the vote chose not to vote on this bill. It also would not apply if either party claims the sex was involuntary. The Judge makes a call based on the case provided the particulars of the case fit certain criteria. Basically, people misconstrued what the law did to drum up political outrage and views on their websites and media. The law basically does away with that problem and broadens the judge discretion bit to include non-vaginal sex. 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. The bill would not apply to cases involving any minor under the age of 14, nor would it apply to cases where the age gap is greater than 10 years. Will Top Talk Station Have to Give Free Airtime to Clovis Council Candidates? Advocates say the bill would apply California law more equitably to the LGBTQ community. “PEDOPHILIA is now LEGAL in CALIFORNIA,” read a Facebook post viewed more than 8 million times. The Socialist Left is trying to make this seem “normal” to the rest of us so the punishment will eventually go away for RAPE. 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. Required fields are marked *. DeMaio explained, “prior to SB 145, if a 24-year-old male had sex with a 14-year-old boy, they would be required to register as a sex offender. This is unbelievable California!”. News State. Same Scenario/different genders: A 17 year old girl and an 18 year old boy are dating. If so, the media should be asking and showing US the answers. SB 145 would eliminate automatic sex offender registration for young adults who have anal or oral sex with a minor. What Changed Their Minds This Time? 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