California 2017-2018 Regular Session

California Assembly Bill AB2105

Introduced
2/8/18  
Introduced
2/8/18  
Refer
2/22/18  
Report Pass
3/15/18  
Report Pass
3/15/18  
Refer
3/19/18  
Refer
3/19/18  
Report Pass
3/20/18  
Report Pass
3/20/18  
Engrossed
4/5/18  
Engrossed
4/5/18  
Refer
4/5/18  
Refer
4/5/18  
Refer
4/19/18  
Refer
4/19/18  
Report Pass
6/21/18  
Report Pass
6/21/18  
Enrolled
8/6/18  
Enrolled
8/6/18  
Chaptered
8/20/18  
Chaptered
8/20/18  
Passed
8/20/18  

Caption

Punitive damages: minors.

Impact

The introduction of AB 2105 represents a significant legislative development in the protection of minors from commercial sexual exploitation. By increasing the potential damages that can be awarded to victims, the bill aims to deter future offenses and provide justice and compensation for impacted individuals. The court is mandated to consider various factors, such as the extent of harm suffered and whether the perpetrator knew the age of the victim, when determining penalties. This provision emphasizes the importance of accountability for those committing such acts against vulnerable populations.

Summary

Assembly Bill No. 2105, introduced by Maienschein, focuses on enhancing the legal framework for punitive damages in civil actions involving minors who are victims of commercial sexual exploitation. This legislation aims to provide similar protections for minors and nonminor dependents that are already available to senior citizens and disabled persons under existing law. Specifically, it allows for the imposition of civil penalties of up to three times the statutory amount when certain affirmative findings are made during a trial. It establishes a minimum fine of $10,000 and a maximum of $50,000 per act of exploitation, payable directly to the victim.

Sentiment

The sentiment around AB 2105 appears to be largely positive, as it is seen as a crucial step in combatting the serious issue of commercial sexual exploitation of minors. Supporters argue that the bill demonstrates a commitment to protecting the vulnerable and recognizing the severe impact of exploitation on young victims. However, there may also be concerns about the practical implications of enforcing these penalties and how they may affect the judicial processes involved in such civil actions.

Contention

While the majority of discussions around AB 2105 seem supportive of its aims to protect minors, there may be contentions regarding the specifics of how the penalties will be applied and collected. Critics might raise questions on the feasibility of the fines imposed, the clarity of guidelines for implementation, and whether the existing legal infrastructure is sufficient to handle the increased punitive measures. Moreover, careful consideration will be needed to ensure that the bill does not inadvertently complicate the judicial process for victims seeking justice.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1394

Commercial sexual exploitation: child sexual abuse material: civil actions.

CA AB484

Sentencing enhancements: property loss.

CA AB2432

California Victims of Crime Act.

CA AB1497

Criminal procedure.

CA SB1275

Solicitation of minors.

CA AB2907

Firearms: restrained persons.

CA SB898

Criminal procedure: sexual assault resentencing.

CA SB1035

Criminal procedure: fines, fees, and restitution.

CA AB855

Criminal procedure: fines, fees, and restitution.

CA SB883

Public Safety Omnibus.

Similar Bills

CA AB1394

Commercial sexual exploitation: child sexual abuse material: civil actions.

CA AB1137

Reporting mechanism: child sexual abuse material.

CA AB2108

Foster care: missing children and nonminor dependents.

CA AB273

Foster care: missing children and nonminor dependents.

CA SB998

Dependency: victims of human trafficking.

CA AB2628

Dependency: victims of human trafficking.

CA AB1985

Dependency: victims of human trafficking.

CA AB2207

Commercially sexually exploited children.