Soliciting Minors Under 16 is Now Classified as a Felony
California recently passed laws to strengthen penalties for sex trafficking and better protect victims.
Notably, in September 2024, Governor Gavin Newsom signed SB 1414, which changes the crime of soliciting sex from a minor under 16 from a misdemeanor to a "wobbler" offense—allowing it to be prosecuted as a felony instead.
In essence, the punishment for soliciting or purchasing sex from minors under 16 will now be classified as a felony, according to a new California law.
Current state laws restrict penalties for soliciting a minor to a misdemeanor. The updated law will classify it as a felony if the victims are under 16 years old. Additionally, prosecutors can charge repeat offenders with a felony if the victims are at least 16 years old.
The bipartisan bill, developed with input from survivors and widely supported by the Legislature, boosts public confidence in the law's effectiveness.
Supporters say the new legislation will modernize California's outdated laws, a vital step to protect children better and enable law enforcement to target criminals who solicit minors for sex.
Defendant Must Be at Least 18 Years Old
This bill limits the offense to defendants aged 18 or older at the time of the act, clarifying that if the person solicited was under 16 or if the victim was trafficked and under 18, the offense becomes a wobbler, with penalties up to one year in county jail and a $10,000 fine, or imprisonment for 16 months to 3 years.
For a second or later offense under these circumstances, the bill stipulates that the offense must be punishable as a felony, with imprisonment in the county jail for either 16 months, 2 years, or 3 years.
Provisions of the New Law
Before SB 1414, soliciting a minor for sex (prostitution) was only considered a misdemeanor—specifically, "disorderly conduct" under PC 647. With SB 1414, significant updates have been introduced to the penalty scheme for solicitation:
- Soliciting a minor under age 16 is now considered a "wobbler" offense, allowing prosecutors to charge it as either a misdemeanor or a felony.
- Soliciting a minor aged 16-17 can also result in a felony charge if the defendant has prior offenses or the minor is a victim of sex trafficking.
Under this law, soliciting an adult (18 or older) remains a misdemeanor. It is important to note that no sexual activity with a minor is required to be charged with felony solicitation.
Simply requesting sex with the intent to engage in the act, along with an overt action like payment or planning a meeting, constitutes a crime.
Consequences of Felony Sex Offenses
A felony offense is considered a more serious crime than a misdemeanor. It can result in harsher penalties such as longer prison terms, significant fines, and lasting consequences beyond imprisonment.
Under SB 1414, a conviction for soliciting a minor at the felony level could lead to:
- Incarceration lasting 16 months, two years, or three years; and/or
- Fines of up to $10,000.
Felonies are recorded on criminal history reports, potentially impacting future employment, housing, and other opportunities. Additionally, a felony conviction permanently revokes your right to own or possess a firearm, even if the conviction is later sealed.
Sex Offender Registration is Mandatory
A key result of SB 1414 is the requirement for certain offenders to register as sex offenders.
The law specifies that adults convicted of soliciting minors under certain circumstances must register for at least ten years. This rule applies primarily when the offender is at least 10 years older than the minor.
Registering as a sex offender has lasting impacts. Those on California's registry face public scrutiny, housing restrictions, and community notifications.
These measures aim to protect the public and prevent repeat offenses, but they also highlight how a felony solicitation conviction can significantly affect your future.
Existing law mandates certain convicted individuals to register annually as sex offenders for 10 to 30 years.
This bill requires those 18 or older who were convicted on or after January 1, 2025, of soliciting a minor, and who were more than 10 years older than the minor at the time of the offense, to register annually for 10 years.
What Are Possible Additional Charges?
SB 1414 does not exclude other California laws, which could lead to further charges depending on subsequent events after solicitation. It's essential to stay informed and ready for these possible charges. Two typical additional charges related to soliciting a minor are:
- Statutory Rape (PC 261.5): When an adult engages in sex with a minor aged 18 or younger, it may be classified as statutory rape. The charge can be a misdemeanor or a felony, depending on the age difference.
- Lewd Acts with a Minor (PC 288): If the minor is under 14, any sexual contact is considered an additional felony, punishable by up to 8 years in prison.
Defenses Against Solicitation of Minor Charges
The enactment of SB 1414 raises the stakes significantly if you're charged with soliciting a minor under 16. A skilled California criminal defense lawyer might use one or more strategies to challenge the charges.
You might not have intended to commit a crime; for instance, any actions or messages toward the minor could have been misunderstood or taken out of context.
You might have reasonably believed that the minor was of legal age, based on their appearance, actions, or misrepresentation. While this defense won't fully dismiss the solicitation charge, it could lower it to a misdemeanor.
It's also possible that the person solicited was already above the age limit at the time of the solicitation. Contact Cron, Israels & Stark for a case review.
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