Here Are the Facts. The bill deals with sex acts between adults and minors (commonly referred to as statutory rape), which in California remain crimes punishable by up … As they should. What about creating a total new law? 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. 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. The bill does not include forcible acts. There are plenty of people to share the criticism. 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. Maybe that part about allowing judicial discretion within a 10-year age gap was equally bad. 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. I know not everyone loses their virginity before 18 but most Americans do... meaning most Californians have participated in statutory rape. Feel the media are not asking the right questions. 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. Gavin Newsom. 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. They are boyfriends. Sen. Scott Wiener's SB145 Isn't a 'Pedophile Bill.' In those cases, the Judge can make the decision to not have the guilty party register as a sex offender. Now, as absurd as that is. Gavin Newsom’s signature, would not legalize pedophilia. SB 145 would eliminate that distinction for homosexual sex. Advocates say the bill would apply California law more equitably to the LGBTQ community. I would think the minimum would be like 15 or 16. California is also fucking weird because the age of consent is 18 with no exceptions for minors. "There’s been a lot of misinformation and straight-up lies about SB 145," said California State Senator Scott Wiener of San Francisco. Answer: to understand this we need to understand California’s current laws regarding statutory rape and sex offender registries. And what does involves to rewrite it completely? But I wonder if the 10 years gap is a difficult part to amend for some reason. They are boyfriend and girlfriend. Example: A 17 year old male and an 18 year old male are dating. Will Top Talk Station Have to Give Free Airtime to Clovis Council Candidates? Consequently, this affects gay people much more severely than straight individuals. No specification is made as to whether the sexual offender is straight or LGBT. 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. 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. Really? https://www.factcheck.org/2020/09/california-bill-doesnt-make-pedophilia-legal He is going to automatically have to register as a sex offender. THE FACTS: SB 145, which has passed the California Legislature and awaits Gov. Bill supporters. The bill now goes to the Governor who has up to 30 days to sign or veto it. It is automatic registration for oral or anal penetration. “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. More posts from the OutOfTheLoop community. If so, the media should be asking and showing US the answers. 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. 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. "All this bill does is to say, when we decide who has to go on the sex offender registry once you’ve been convicted, that we will … 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. 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 judge may take into account,whether the offender really believed the victim was over 18, how reasonable that belief is, if the victim lied about their age (statutory rape is strict liability; it doesn’t matter if the victim lied or you believed they were an adult). 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. 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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. On Saturday, California Governor Gavin Newsom signed Senate Bill SB-145 into law. It adds to the ridiculousness of this law, SB 145, that is the way by which California is legalizing pedophilia. HOWEVER, that discretion only applied to vaginal intercourse. They are in love. 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's kinda fucked up. It is automatic registration for oral or anal penetration. 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. Can someone please explain this to me in simple terms? 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. Posts making such claims fundamentally misrepresent what SB 145 does, according to the bill’s authors and outside experts. The bill is intended to reform the state’s sex offender registry to be […] The bill now heads to Governor Gavin … Friendly reminder that all top level comments must: start with "answer:" (or "question:" if you have an on-topic follow up question to ask). News 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. 145 CHAPTER 79 An act to amend Sections 290 and 290.006 of the Penal Code, relating to sex offenders. 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. U.S. Latest 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. 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. The law basically does away with that problem and broadens the judge discretion bit to include non-vaginal sex. By using our Services or clicking I agree, you agree to our use of cookies. Jessica Levinson, a professor at Loyola Law School, called the claims “hogwash” in an interview with The Associated Press. SB 145 has been widely condemned by social media users falsely claiming it would legalize pedophilia. Thus, adult homosexuals could prey on young teenagers sexually – as happens so much – and not be considered sex offenders. SB 145 simply extends that discretion to other forms of intercourse. “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. Press question mark to learn the rest of the keyboard shortcuts. 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. If they’ve done all that is reasonable it shouldn’t be seen as their fault. She said that the 10-year age gap was too broad. Lying and saying you are 18 is not a defense for the offender to this particular strict liability crime. 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. How is mouth stuff worse?? Please review Rule 4 and this post before making a top level comment: I am a bot, and this action was performed automatically. Can’t go by looks I’m freaking 23 and I look 15. A judge will still be able to place someone on the registry if the behavior at issue was predatory or otherwise egregious. Save my name, email, and website in this browser for the next time I comment. State A minor (anyone under 18) cannot consent to sexual activity. Same Scenario/different genders: A 17 year old girl and an 18 year old boy are dating. (2013-2014) Senate Bill No. SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision. SB 145 would only amend California law to list other types of intercourse. 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! 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. Those acts would include oral and anal sex and digital penetration. News You can almost always tell a 13yo and 18yo apart if not by looks, then by the way they act. Here’s the second point which makes the Republicans in California, and people of sound-mind across the country, furious. 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. 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. Instead, a judge would make the decision. Don't get me wrong, I'm in favor of the idea the bill is going for. On the last day possible, the California legislature passed Senate Bill 145. The pedophilia bit is more complex and is purely political. “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. The bill faced opposition in the Legislature by some lawmakers, including Democratic Assemblywoman Lorena Gonzalez. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. Instead, a judge would make the … 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. Ten of the Senators present at the time of the vote chose not to vote on this bill. 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. U.S. AP News SB 145 passed in both houses of the State Legislature late Monday evening. Basically, it let’s judges decide on the facts of this person deserves to be a sex offender. It's important to note that in California, this is how it works right now for vaginal penetration. Do you think a young 14 year old boy can be easily influenced by a 24 year old man? “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. Maybe changing it to a 3 year age gap should have been part of the new law. SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. If this legislation passes and becomes law, it would allow homosexuals to prey on youths, have sex with them, and then be … 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. I suspect there is more comolexity to the current law and to creating new laws than we are ‘ allowed’ by the media to know. 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. A five year difference seems more appropriate to me. 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. 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. A subreddit to help you keep up to date with what's going on with reddit and other stuff. SB 145 changes that. 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. Voters Rejected These School Bonds in March. 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. SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office and Equality California. this is how it works right now for vaginal penetration. I just think ut could've been implemented better. Nor without the support of the governor. How easy is it to change and existing law? What Changed Their Minds This Time? Our Top Picks https://www.google.com/amp/s/amp.usatoday.com/amp/3456171001. Please contact the moderators of this subreddit if you have any questions or concerns. 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. Basically, people misconstrued what the law did to drum up political outrage and views on their websites and media. 145 CHAPTER 777 An act to amend Section 311.11 of, and to repeal and add Section 288.2 of, … The Judge makes a call based on the case provided the particulars of the case fit certain criteria. The California Senate passed Senate Bill (SB) 145 by a vote of 25 to 3 on May 28. Your email address will not be published. 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. That means a judge can give a break to a 24-year-old who seduces a same-sex 14-year-old. News 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. Some people are 15 and look 23. According to LGBTQ news publication Metro Weekly , it passed the California … They are in love. 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. That seems reasonable to me. Just trying to do a daily profit headline, both sides the pro and against this bill. Just how are they supposed to verify that the they are older than 18? District Attorney Says Voters Allowing Bad Behavior to Continue with Prop. It treats homosexuals differently than heterosexuals. Cookies help us deliver our Services. 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. This is unbelievable California!”. And another thing: Scott Wiener shouldn’t be taking ALL of the criticism on this. As it stands now the law is unfair. 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.). SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office, and Equality California. Can’t ask for ID (as wierd as that is) fake ones are easy to get. 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. California Senate Bill 145, signed into law by Gov. I have tried googling it but I find the information in the articles overwhelming and difficult to comprehend. You could meet someone in a bar or some other place that checks ID and that still wouldn't be a defense. They just automatically are registered no matter what. There he is…….the leather-clad Castro Street wiener. “Senate Bill 145 has been controversial since its introduction,” stated ACSOL Executive Director Janice Bellucci. It also would not apply if either party claims the sex was involuntary. This is one of the bad aspects of statutory rape laws in many jurisdictions (not just California). But maybe that unequal treatment wasn’t the only bad thing about the old law. I wonder if SCOTUS would view the existing law as unconstitutional under the equal protection clause. The law wouldn’t have passed without the support of a whole lot of other legislators. State. 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". Your email address will not be published. A 24-year-old who has sex with a 14-year-old is a predator. This law “exempts from mandatory registration under the act a … SB 145 would eliminate automatic sex offender registration for young adults who have anal or oral sex with a minor. Does anal sex get the same protection as vaginal sex? 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". [ Approved by Governor September 11, 2020. “The accusation that it somehow allows pedophilia is simply not true,” Levinson said. Many people have called it the “Sex Offender Freedom” Act. Press J to jump to the feed. 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. Senate Bill No. 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. Required fields are marked *. It seems unreasonable for it to be strict liability when it’s so hard to verify. So maybe equalizing the treatment of oral/anal with vaginal isn’t a bad idea. 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. 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. Given the potential ramifications, it must be an immediate priority of the California legislation. Newsom’s decision to sign the legislation promises to have both a … I was in agreement with this until the 10 year part. 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. 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