The bill aims to fortify California's legal framework against human trafficking, reflecting a proactive approach to modern exploitation practices. By penalizing those who target adults under the belief they are minors, AB2109 extends the definition of trafficking to cover a broader range of predatory behaviors. These amendments intend to protect a vulnerable demographic that traffickers frequently exploit—individuals who may be coerced or misled regarding their age. The legislative findings assert that the provisions under this bill further the objectives of the existing CASE Act, which underscores a comprehensive commitment to combat sexual exploitation.
Assembly Bill 2109, introduced by Assembly Member Quirk-Silva, seeks to amend Section 236.1 of the Penal Code related to human trafficking. The existing law criminalizes human trafficking by making it a felony for individuals who cause or persuade minors to engage in commercial sex acts with specific intentions tied to violations such as child pornography and extortion. AB2109 expands this scope, adding penalties for those who cause or persuade adults whom they believe to be minors to engage in similar acts. This change addresses situations where traffickers exploit adults under the pretense of age, thereby increasing the boundaries of accountability in trafficking offenses.
As with many pieces of legislation in this sensitive area, potential points of contention may arise around the practical implications of enforcement and the definition of consent and mistaken beliefs regarding age. Critics may voice concerns about the implications for adults engaged in consensual, albeit questionable, relationships perceived as exploitative. Moreover, the bill's introduction of a new legal standard necessitates careful consideration of how law enforcement interprets and applies these definitions. The assertion that no reimbursement is required from local agencies for costs incurred reflects an acknowledgment of potential legislative overreach, emphasizing a need for vigilant oversight in implementation.