The addition of dependent persons within the scope of Section 220 significantly alters existing penalties and could potentially lead to an increase in the prosecutorial focus on crimes against this vulnerable group. This change aims to enhance protection against sexual violence, ensuring that those who are unable to fully defend themselves due to dependence are given greater legal safeguards. As a state-mandated local program, the implementation of this bill will require that local agencies adjust their procedures to recognize these new legal stipulations.
Assembly Bill 1396, introduced by Assembly Member Macedo, proposes to amend Section 220 of the Penal Code concerning crimes of sexual assault. The bill expands the definition of certain sexual assault crimes by including those committed against dependent persons, alongside existing provisions that pertain to minors. Specifically, it establishes stricter penalties for assaults with the intent to commit mayhem, rape, sodomy, or oral copulation against dependent persons, imposing sentences of 5, 7, or 9 years in state prison.
There are expectations that this bill will initiate discussions among lawmakers and advocacy groups regarding the definitions of crime in the context of dependent individuals. Some may argue that it does not go far enough in protecting the most vulnerable, while others might contend that expanding definitions could complicate legal processes. Additionally, the provision stating that no reimbursement is required for local agencies may lead to concerns over the financial implications of implementing the bill's mandates without state support.