Gavin Newsom Signs New Bill Reducing Penalties for Sodomy with Minors
Democrat governor's new bill would end 'discrimination against young LGBT people'
California Governor Gavin Newsom (D-CA) has signed a new bill into law, giving judges more power and discretion to decide if adults who commit sodomy with minors should be placed on the sex offender registry.
The bill passed the Democrat-led legislature last week and immediately caused a backlash.
But advocates of the bill argued it would stop discrimination against LGBT adults who enjoy oral and anal sex with minors.
Democrat State Sen. Scott Wiener, who introduced the legislation, said the new law would put an end to “blatant discrimination against young LGBT people engaged in the consensual activity.”
“It’s appalling that in 2020, California continues to discriminate against LGBTQ people by mandating that LGBTQ young people be placed on the sex offender registry in situations where straight people aren’t required to be placed on the registry,” Wiener said.
Proving again he‘s a true champion for the LGBTQ community — even when it’s hard — Gov Newsom signed #SB145, ending discrimination against LGBTQ young people on CA’s sex offender registry.— Senator Scott Wiener (@Scott_Wiener) September 12, 2020
Thank you for seeing through the QAnon lies about this equality legislation. My statement: pic.twitter.com/MQlIIDxfnj
“SB 145 simply ends that discrimination by treating LGBTQ young people the exact same way that straight young people have been treated since 1944,” he continued and added:
And make no mistake: the politics here are hard, with the massive Trump, QAnon, and MAGA misinformation campaign against the legislation. The facts are clear: SB 145 simply ends anti-LGBTQ discrimination. Today, California took yet another step toward an equitable society.
Wiener claimed the current law, which states oral and anal sex between an adult within ten years of the age of a consenting minor requires the adult to be registered as a sex offender, which is discriminatory against the LGBT community.
This bill is about treating everyone equally under the law. Discrimination against LGBT people is simply not the California way. These laws were put in place during a more conservative and anti-LGBT time in California’s history. They have ruined people’s lives and made it harder for them to get jobs, secure housing, and live productive lives. It is time we update these laws and treat everyone equally.
The law currently in place, allows judges to decide whether adults who have sex with minors must register as a sex offender.
Wiener stated that current law targets LGBT individuals as they do not engage in penile-vaginal intercourse.
This is such horrific homophobia,” Wiener said, the San Francisco Chronicle reported.
“It’s irrational, and it ruins people’s lives.”
Right wing playbook on all efforts to achieve LGBTQ equality:— Senator Scott Wiener (@Scott_Wiener) September 7, 2020
✅ Falsely claim children will be harmed or raped
✅ Say that God is mad that LGBTQ people are more equal
✅ Blame CA natural disaster on God being made at the gays, while ignoring hurricanes/tornadoes in red states https://t.co/nGIYmTUDkk
The primary stated goal of the measure seems to be to end automatic addition to the state’s sex offender registry list for adults who have oral or anal sex with a minor.
The Senate Floor Analysis of SB 145 states the measure:
Exempts a person convicted of non-forcible sodomy with minor, oral copulation with a minor, or sexual penetration with a minor, as specified, from having to automatically register as a sex offender under the Sex Offender Registry Act if the person was not more than 10 years older than the minor at the time of the offense, and the conviction is the only one requiring the person to register.
California fails to mandate registration as a sex offender who commits a violation of sexual intercourse with a minor who is within 10 years of the offender. Sexual penetration is distinguishable from sexual intercourse in that vaginal penetration is anything other than a penis.
“Additionally, the crimes of sexual conduct with a minor under the age of 14 are punished in a separate code section, as lewd and lascivious acts with a minor under the age of 14,” the analysis also said.
“This bill allows judges and prosecutors to evaluate cases involving consensual sex acts between young people, regardless of their sexual orientation, on an individual basis,” said Jackie Lacey, the Los Angeles County district attorney who wrote and sponsored the bill, reported USA Today.
“I drafted this bill because I believe the law must be applied equally to ensure justice for all Californians.”
The advocates of the legislation are focused on the newfound equality for adults engaging in any variety of sex acts with minors who are as young as 14 years old.
But the new law, adults who have vaginal intercourse or oral/anal sex with young teens, have an equal chance of escaping the California sex offender registry if its decided “consensual" by the judge.
Well what a shock. Newsom signed SB145, the bill that allows a 24 year old to have sex with a 14 year old and escape a felony conviction and requirement to be a registered sex offender. Absolutely disgusting.— Senator Melissa Melendez (@senatormelendez) September 12, 2020
The Washington Examiner reported Democrat Assemblywoman Lorena Gonzalez said as the bill was being debated:
I cannot in my mind as a mother understand how sex between a 24-year-old and a 14-year-old could ever be consensual, how it could ever not be a registrable offense. We should never give up on this idea that children should be in no way subject to a predator.
San Diego Mayor Kevin Faulconer (R) also tweeted:
“As a parent, I’m appalled that last night our governor signed a law maintaining a 24-year-old can have sex with a 14-year-old and it not be considered predatory.”
“An adult who commits ANY sex act on a minor 10 years younger must be registered a sex offender,” he added.
“Law must be changed.”
As a parent I’m appalled that last night our governor signed a law maintaining a 24-year-old can have sex with a 14-year-old and it not be considered predatory.— Kevin Faulconer (@Kevin_Faulconer) September 12, 2020
An adult who commits ANY sex act on a minor 10 years younger must be registered a sex offender. Law must be changed.