Solicitation of prostitution from a minor.
By eliminating the knowledge requirement, AB 1970 aims to enhance the legal framework surrounding the solicitation of minors for prostitution. This legislative change reflects a heightened awareness of the exploitation of minors and a push to provide stronger protections against such abuse. The update to the law will introduce tougher penalties for offenses against minors, thereby reinforcing the state's commitment to combatting child exploitation and trafficking. However, the bill does not require any reimbursement for local agencies or school districts for costs incurred due to its implementation, as established under the California Constitution.
Assembly Bill No. 1970, introduced by Assembly Member Boerner Horvath on February 10, 2022, seeks to amend Section 647 of the California Penal Code, which pertains to disorderly conduct related to the solicitation of prostitution from minors. The existing law stipulates that soliciting a minor for prostitution is a crime, punishable by imprisonment in a county jail for a minimum of two days to a maximum of one year, a fine of up to $10,000, or both. This bill's key change is the removal of the requirement for the solicitor to know or have reason to know that the person being solicited is a minor at the time of the offense, thereby broadening the scope of liability for solicitation crimes involving minors.
A notable point of contention surrounding AB 1970 is the balance between criminal accountability and the potential for broad enforcement of the law without consideration for the defendant's knowledge of the minor's age. Critics may argue that removing the 'know or should have known' standard could lead to unjust outcomes, particularly if individuals are penalized for solicitation without concrete evidence of intent or knowledge regarding the age of the person solicited. Advocates for the bill argue that it is essential to close loopholes that could allow perpetrators to evade justice, thereby ensuring a stronger legal sea of deterrence against those who exploit vulnerable populations.