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The link I provided detailed what the Calif state senate passed (and Gov. Moonbeam signed)
No, it didn't. It twisted and spun it like mad, pretending its opponents said it removed all penalties on everyone associated with underage prostitutes. They never said anything of the kind, of course. But the only way the liberals could make the bill's opponents look bad, was to tell lies about them.
Did I hear someone in this thread demand that people stop reading Fake News?
My wife recently blew a gasket over something she heard about from some friends. It sounded pretty outlandish to me, so I told her I'd check it out.
Turned out it's true.
For a long time prostitution has been illegal in California. Anyone caught engaging in prostitution, would be charged with a misdemeanor offense, and it would go on your record. That's men or women, old or young.
But in 2016, Governor Jerry "Moonbeam" Brown signed SB-1322 (SB stands for Senate Bill). It modified the laws against prostitution. Nothing has changed for prostitutes age 18 or above. But for prostitutes under age 18, they will no longer be charged with a misdemeanor. They won't be charged at all. They can walk right out of the police station as soon as their age is established.
What really upset my wife, is that the police apparently don't have to notify the underage prostitute's parents if the kid gets picked up for prostitution.
Calif juvenile law applies here. And it says that anytime someone under 18 gets arrested for anything, the cops must notify the parents. But for an arrest, there must be a charge. Child prostitutes used to get a misdemeanor charge of prostitution, so the cops had to call the parents. But now the SB-1322 has been enacted, the kids don't get charged at all. Meaning, it's not a real arrest (maybe it's called "detained"). And so cops are no longer required to notify the parents, whose kid just got hauled in for prostitution. The kid is released immediately, no charges, no police record.
What's really ironic, is that in California it's illegal to have sex with ANYONE under age 18. Even if the kid agrees and really wants to. Even if their partner pays them. Regardless, that's Statutory Rape. The state feels that kids under 18 aren't old enough to decide whether they want to have sex. So no matter what the kid says, the law's answer is NO. So if the cops find an older man having sex with a prostitute, and they find the prostitute is under 18, the prostitute goes free immediately, but the guy goes into the slammer for a LONG time.
All states have an Age of Consent for sexual matters. It's either 16, 17, or 18, depending on the state. And most of them have laws on Statutory Rape.
But to my knowledge, California is the only state where prostitution is illegal UNLESS the hooker is under 18. For them it's just fine.
No they don't. Before SB-1322 the child would be prosecuted by the courts. Now the child is placed under the care of the Department of Social Services. In doing so, the child can be removed from the streets.
No they don't. Before SB-1322 the child would be prosecuted by the courts. Now the child is placed under the care of the Department of Social Services. In doing so, the child can be removed from the streets - as opposed to the status-quo.
Dumbest thread I've seen in awhile.
Which translates into the minor being able to walk right out of their foster care facility and back into the arms of their pimps, with zero legal pressure to get them to cooperate with authorities to lock the pimps up. Way to go, California.
No, it didn't. It twisted and spun it like mad, pretending its opponents said it removed all penalties on everyone associated with underage prostitutes. They never said anything of the kind, of course. But the only way the liberals could make the bill's opponents look bad, was to tell lies about them.
Did I hear someone in this thread demand that people stop reading Fake News?
You might consider taking that person's advice.
Not demanding, just a suggestion to try and help you. Fake News like this can cause one to be unnecessarily outraged.
No they don't. Before SB-1322 the child would be prosecuted by the courts. Now the child is placed under the care of the Department of Social Services.
Sorry, no. The new law says that the child "MAY" be adjudged a dependent child of the court. Which means she doesn't have to be. Meaning that the police can just kick her out the door if they have too much else to do... as many police departments have.
Under SB-1322, kids have a lot less reason to not become prostitutes. And that's a BAD thing.
Which translates into the minor being able to walk right out of their foster care facility and back into the arms of their pimps, with zero legal pressure to get them to cooperate with authorities to lock the pimps up. Way to go, California.
This bill incentivizes minors to come forward because they don't have to be fearful of arrest in a human trafficking situation. And foster care is clearly preferable, are you seriously trying to argue the contrary. Great, so a minor is released from jail, where to do they go - back to the pimps.
This bill incentivizes minors to come forward because they don't have to be fearful of arrest in a human trafficking situation. And foster care is clearly preferable, are you seriously trying to argue the contrary. Great, so a minor is released from jail, where to do they go - back to the pimps.
Minors are often going back to the pimps regardless, as its the only life they have known for the last "x" or "y" number of years. But by taking away any legal penalties, all the state did was make it more difficult to get cooperation from minors in identifying who their pimps are to have them locked up. And the pimps know this and can now more effectively and brutally control their workers/sex slaves with threats of violence to get them to come back, knowing that the police no longer have any leverage to get them to talk as they face no consequences.
Sorry, no. The new law says that the child "MAY" be adjudged a dependent child of the court. Which means she doesn't have to be. Meaning that the police can just kick her out the door if they have too much else to do... as many police departments have.
Under SB-1322, kids have a lot less reason to not become prostitutes. And that's a BAD thing.
The minor would in fact be taken into custody. You left out all the information...
Bill Text - SB 1322
Quote:
A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
subdivision (b) of Section 300 of the Welfare and Institutions Code
Quote:
(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse. A child shall not be found to be a person described by this subdivision solely due to the lack of an emergency shelter for the family. Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parent’s or guardian’s willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parent’s or guardian’s medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.
Section 305 of the Welfare and Institutions Code
Quote:
Any peace officer may, without a warrant, take into temporary custody a minor:
(a) When the officer has reasonable cause for believing that the minor is a person described in Section 300, and, in addition, that the minor has an immediate need for medical care, or the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In cases in which the child is left unattended, the peace officer shall first attempt to contact the child’s parent or guardian to determine if the parent or guardian is able to assume custody of the child. If the parent or guardian cannot be contacted, the peace officer shall notify a social worker in the county welfare department to assume custody of the child.
(b) Who is in a hospital and release of the minor to a parent poses an immediate danger to the child’s health or safety.
(c) Who is a dependent child of the juvenile court, or concerning whom an order has been made under Section 319, when the officer has reasonable cause for believing that the minor has violated an order of the juvenile court or has left any placement ordered by the juvenile court.
(d) Who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care.
Minors are often going back to the pimps regardless, as its the only life they have known for the last "x" or "y" number of years. But by taking away any legal penalties, all the state did was make it more difficult to get cooperation from minors in identifying who their pimps are to have them locked up. And the pimps know this and can now more effectively and brutally control their workers/sex slaves with threats of violence to get them to come back, knowing that the police no longer have any leverage to get them to talk as they face no consequences.
No.
It actually offers the minors a way out since they know the authorities are actually offering them help and support, instead of criminal charges.
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