It now heads to the Assembly for committee hearings in the coming weeks. 145 CHAPTER 79 An act to amend Sections 290 and 290.006 of the Penal Code, relating to sex offenders. Here’s the second point which makes the Republicans in California, and people of sound-mind across the country, furious. There are plenty of people to share the criticism. This is just my opinion, but 13yo's? Basically, it let’s judges decide on the facts of this person deserves to be a sex offender. "There’s been a lot of misinformation and straight-up lies about SB 145," said California State Senator Scott Wiener of San Francisco. This is unbelievable California!”. Voters Rejected These School Bonds in March. Some people are 15 and look 23. The discretion is only allowed if the minor victim is 14-year-old or older and the statutory rapist is less than ten years older. Senate Bill No. SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. They just automatically are registered no matter what. California would eliminate a disparity in its statutory rape laws that critics say is a discriminatory vestige of the historic criminalization of gay sex, under a bill sent to Gov. Those acts would include oral and anal sex and digital penetration. Nor without the support of the governor. SACRAMENTO, Calif. — Today, Senator Scott Wiener’s (D-San Francisco) Senate Bill 145, which ends blatant discrimination against LGBTQ youth regarding California’s sex offender registry, passed the Senate on a 24-2 vote. Gavin Newsom in September 2020, shields pedophiles who rape children from having to register as sex offenders. “Now a 21 year old can have sex with an 11 year old, and not be listed on the sex registry as a sex offender. "All this bill does is to say, when we decide who has to go on the sex offender registry once you’ve been convicted, that we will … One would assume this would cover cases such as a 22 year old and a 17 year old as that's statutory rape, but the age gap is close. Answer: to understand this we need to understand California’s current laws regarding statutory rape and sex offender registries. You could meet someone in a bar or some other place that checks ID and that still wouldn't be a defense. It essentially gives the heterosexual male his day in court to plead his case against registering whereas the homosexual does not get his day in court. DeMaio explained, “prior to SB 145, if a 24-year-old male had sex with a 14-year-old boy, they would be required to register as a sex offender. A five year difference seems more appropriate to me. “The accusation that it somehow allows pedophilia is simply not true,” Levinson said. It is automatic registration for oral or anal penetration. California is also fucking weird because the age of consent is 18 with no exceptions for minors. “Senate Bill 145 has been controversial since its introduction,” stated ACSOL Executive Director Janice Bellucci. Really? Slight factual correction. Newsom’s decision to sign the legislation promises to have both a … Thus, adult homosexuals could prey on young teenagers sexually – as happens so much – and not be considered sex offenders. This is one of the bad aspects of statutory rape laws in many jurisdictions (not just California). SB 145 has been widely condemned by social media users falsely claiming it would legalize pedophilia. Currently, if the offender and a victim in a statutory rape case are close enough in age, a judge may use their discretion in sentencing the offender regarding whether or not they must register as a sex offender. Same Scenario/different genders: A 17 year old girl and an 18 year old boy are dating. The bill now heads to Governor Gavin … If so, the media should be asking and showing US the answers. A 10 year age gap is simply too much (when one of the parties is a minor – I’m not talking about a two legal adults ages 28 and 18.). How is mouth stuff worse?? The Judge makes a call based on the case provided the particulars of the case fit certain criteria. So maybe equalizing the treatment of oral/anal with vaginal isn’t a bad idea. TLDR; Right now the law states any homosexual sex that falls into the statutory rape category must result in the offender registering as a sex offender whereas any heterosexual sex that falls into the statutory rape category results in the offender getting his day in court to plead against having to register as a sex offender based on circumstances. If they’ve done all that is reasonable it shouldn’t be seen as their fault. The bill deals with sex acts between adults and minors (commonly referred to as statutory rape), which in California remain crimes punishable by up … Now, as absurd as that is. Due to the Senate’s passage of this bill, SB 145 will move to the Assembly for a series of votes. It is automatic registration for oral or anal penetration. California Senate Bill 145 would erase a discriminatory sentencing law that has disproportionately targeted members of the LGBTQ community to register on California’s sex offender list has received support from law enforcement and civil rights advocates. The bill now goes to the Governor who has up to 30 days to sign or veto it. Can someone please explain this to me in simple terms? Bill supporters. In those cases, the Judge can make the decision to not have the guilty party register as a sex offender. The law wouldn’t have passed without the support of a whole lot of other legislators. Posts making such claims fundamentally misrepresent what SB 145 does, according to the bill’s authors and outside experts. No specification is made as to whether the sexual offender is straight or LGBT. If a gay man has sex with an underage minor who lies about his age and looks like an adult, the offender will be forced to register as a sex offender, whereas if the individuals were a man and a woman, the offender could avoid that requirement. The bill is intended to reform the state’s sex offender registry to be […] This law “exempts from mandatory registration under the act a … Basically, people misconstrued what the law did to drum up political outrage and views on their websites and media. Sen. Scott Wiener's SB145 Isn't a 'Pedophile Bill.' 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I agree that not revising & reducing the 10 years gap while they were looking at this part of the legislation to make it fairer and more comprehensive they have made a mistake. Can’t ask for ID (as wierd as that is) fake ones are easy to get. Please review Rule 4 and this post before making a top level comment: I am a bot, and this action was performed automatically. Absolutely can and now you’re giving the old guy a new reason to go after children – he won’t have to be on the Sex Registry if he can prove the young child was complicit…..DISGUSTING! Just trying to do a daily profit headline, both sides the pro and against this bill. The same 10-year provision applies to existing law, however, in cases of penile-vaginal sex between a minor over 14 and an adult where intercourse was voluntary. Required fields are marked *. Maybe that part about allowing judicial discretion within a 10-year age gap was equally bad. By using our Services or clicking I agree, you agree to our use of cookies. Example: A 17 year old male and an 18 year old male are dating. That means a judge can give a break to a 24-year-old who seduces a same-sex 14-year-old. Consequently, this affects gay people much more severely than straight individuals. In other words - SB-145 simply changes the law so that homosexual sex or non-vaginal sex is subject to the same laws as heterosexual, vaginal sex. It adds to the ridiculousness of this law, SB 145, that is the way by which California is legalizing pedophilia. Press J to jump to the feed. “SB 145 allows a sex offender who abuses a minor child as young as 14 years of age, to avoid being placed on the sex offender registry. Maybe changing it to a 3 year age gap should have been part of the new law. As it stands now the law is unfair. HOWEVER, that discretion only applied to vaginal intercourse. That said, if and when SB 384 is properly amended, I still find SB 145 unnecessary. She said that the 10-year age gap was too broad. SB 145 changes that. This is why it is called 'statutory rape' (empowered by statute), it is a 'strict liability' crime (allowing for little or no defenses), and what the defendant thought (what age they were) doesn't matter. Don't get me wrong, I'm in favor of the idea the bill is going for. All it does is allow a Judge - at the Judge's discretion - to look at a case that meets certain criteria and make a decision that perhaps the person found guilty of statutory rape does not need to be registered. Republicans Acknowledge Biden’s Victory, ‘Democracy Prevailed’: Biden Aims to Unify Divided Nation, What Does Poll Show About Vaccines, Mask Mandate and a Replacement for Harris’ Senate Seat, How California Reached Historic Voter Turnout Despite Pandemic, Distrust, Fresno Woman Prepares to Cast Electoral College Ballots for President, VP. That seems reasonable to me. https://www.factcheck.org/2020/09/california-bill-doesnt-make-pedophilia-legal He went on to explain that SB 145 would eliminate automatic sex offender registration for adults who have anal or oral sex with a minor. If that 18 year old engages in sex with the 17 year old the law says that that is statutory rape and no matter the findings of the court or the judge, that 18 year old must register as a sex offender. Friday’s Creek Fire Updates: Cautious Optimism After 6% Containment; China Peak Explosion, 9/11 to Be Remembered in Virtual Events with Madera Marine, Fresno Sheriff, Newsom Taps Alex Padilla to Replace Harris in US Senate, California Desperately Searches for More Nurses and Doctors, Gov. Jessica Levinson, a professor at Loyola Law School, called the claims “hogwash” in an interview with The Associated Press. If this legislation passes and becomes law, it would allow homosexuals to prey on youths, have sex with them, and then be … He is going to automatically have to register as a sex offender. It treats homosexuals differently than heterosexuals. U.S. AP News What the law does is it gives parity, or equal rights to the homosexual male (in our example) as the heterosexual male had with regards to having to register as a sex offender. 145 CHAPTER 777 An act to amend Section 311.11 of, and to repeal and add Section 288.2 of, … Just how are they supposed to verify that the they are older than 18? It's important to note that in California, this is how it works right now for vaginal penetration. The law now does not give deference to a judge to decide whether a homosexual encounter between males requires them to register as a sex offender. Friendly reminder that all top level comments must: start with "answer:" (or "question:" if you have an on-topic follow up question to ask). If that 18 year old male engages in sex with that 17 year old female, he will be found guilty of statutory rape but the judge has room to hear the facts and decide whether or not that male has to register as a sex offender. As they should. Do you think a young 14 year old boy can be easily influenced by a 24 year old man? This makes sense for some people against the backdrop of QAnon, which already believe Democrats (CA if a democratic state and the bill was signed by a Democratic governor) are running pedophile trafficking rings. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. A 'Well Liked' Veteran Fresno Police Officer Is in the Hospital With COVID-19, Layoffs Remain Elevated as 803,000 Seek Jobless Aid, Trump Pardons 15, Commutes 5 Sentences, Including GOP Allies, California Water Stockings Stuffed With $1 Billion in Federal Funding, That 3-Martini Lunch Write Off in COVID Bill Is Causing a Stir. The law basically does away with that problem and broadens the judge discretion bit to include non-vaginal sex. SB 145 passed in both houses of the State Legislature late Monday evening. Until that oversight within SB 384 is addressed, SB 145 should be considered moot. Your email address will not be published. It's kinda fucked up. Gavin Newsom’s signature, would not legalize pedophilia. 20 Loss, CFP Semifinal Moved From Rose Bowl to AT&T Stadium in Texas, MLB Tells Managers to Expect on-Time Spring Training Start, Live Events Industry Lost $30B Due to Pandemic, Pollstar Reports, Confirmed: Grizzlies Will Move to Cal League in Deal with Major League Baseball, Players Walk Off Over Racism Accusation in International Soccer Match, LIVE: Daily Briefing from Gov. I suspect there is more comolexity to the current law and to creating new laws than we are ‘ allowed’ by the media to know. News The bill faced opposition in the Legislature by some lawmakers, including Democratic Assemblywoman Lorena Gonzalez. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. I would think the minimum would be like 15 or 16. What about creating a total new law? If a statutory rape case involved anal sex, the offender could not be excused from registering, even if the circumstances would have persuaded a judge to allow such excuse in a case involving vaginal sex. It also would not apply if either party claims the sex was involuntary. They are boyfriend and girlfriend. Specifically, SB 145 gives judges discretion over whether to make an adult register as a sex offender if they had anal or oral sex with a willing minor. But, the law without this new bill does give discretion to the judge to decide whether a defendant who engaged in heterosexual sex with a minor register as a sex offender. What Changed Their Minds This Time? I know nothing about this, but I'm 98% certain that the fact that CA is generally considered a democratic state and Qanon saying every Democrat is a secret pedo probably plays a factor too. SB 145 simply extends that discretion to other forms of intercourse. California state senator and radical gay activist from San Francisco Scott Wiener introduced a bill (SB 145) that would decriminalize men having sex with young boys and no one blinked. Given the potential ramifications, it must be an immediate priority of the California legislation. In simplest terms - it does not make pedophila legal. The California Senate passed Senate Bill (SB) 145 by a vote of 25 to 3 on May 28. “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,” the statement said. Press question mark to learn the rest of the keyboard shortcuts. According to LGBTQ news publication Metro Weekly , it passed the California … The judge may take into account,whether the offender really believed the victim was over 18, how reasonable that belief is, if the victim lied about their age (statutory rape is strict liability; it doesn’t matter if the victim lied or you believed they were an adult). Gavin Newsom, ICYMI: 'How Not to Die' by Dr. Michael Greger, US Growth of Islam Creates Need for Religious Scholars, Trump Explains His Pillars of Policy Home and Abroad, Muslim Youth Have a Place to Call Their Own at My Deen, Fresno City, Reedley Colleges Officially Cancel Sports Seasons Due to Pandemic, Pro Soccer Eyes Return with New Fresno Stadium at Selland Arena Site. [ Approved by Governor September 11, 2020. SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision. U.S. Latest I just think ut could've been implemented better. In other words - SB-145 simply changes the law so that homosexual sex or non-vaginal sex is subject to the same laws as heterosexual, vaginal sex. Ten of the Senators present at the time of the vote chose not to vote on this bill. (2013-2014) Senate Bill No. If laws were easier to amend in its totality, then unfair laws may not survive from President to President but the same fate would go to good, well crafted and thought laws, they would be too easy to scrape or change to suit unfair Presidents agendas. Instead, a judge would make the … Anything outside of that - a 17 year old and a 28 year old, or a 13 year old and an 18 year old, as examples - is automatic registration as a sex offender. The pedophilia bit is more complex and is purely political. Spread the loveTHE CLAIM: California just passed Senate Bill 145, a bill that would end felonies for child rape and legalize pedophilia in the state. Hell, you could literally check their ID yourself but if they give you a fake one it's "too bad, sex offender status for you". There he is…….the leather-clad Castro Street wiener. State this is how it works right now for vaginal penetration. Cookies help us deliver our Services. A subreddit to help you keep up to date with what's going on with reddit and other stuff. I have tried googling it but I find the information in the articles overwhelming and difficult to comprehend. They are in love. I understand that it's at the judge's discretion to do it at all but time and again we see justice handed out too softly to sex offenders. But maybe that unequal treatment wasn’t the only bad thing about the old law. A terrible piece of legislation, SB 145, passed out of the State Senate last year, and made it as far as the State Assembly Appropriations Committee. THE FACTS: SB 145, which has passed the California Legislature and awaits Gov. The Judge makes a call based on the case provided the particulars of the case fit certain criteria. I know not everyone loses their virginity before 18 but most Americans do... meaning most Californians have participated in statutory rape. Will Top Talk Station Have to Give Free Airtime to Clovis Council Candidates? But I wonder if the 10 years gap is a difficult part to amend for some reason. A 24-year-old who has sex with a 14-year-old is a predator. Here Are the Facts. The law does not legalize pedophilia by any stretch, but some media outlets who had a more conservative or anti-LGBT slant framed this instead as being California allowing gay people to have sex with minors. SB-145 Sex offenders: child pornography. A minor (anyone under 18) cannot consent to sexual activity. Many people have called it the “Sex Offender Freedom” Act. News Under current law, judges have sentencing discretion only in cases of voluntary, but illegal, penile-vaginal sex with a minor age 14 to 17 and an adult within 10 years of the minor’s age. The bill would not apply to cases involving any minor under the age of 14, nor would it apply to cases where the age gap is greater than 10 years. The offender is going to be guilty of statutory rape, but there is given deference to the judge in the heterosexual realm and no deference in the homosexual realm whether they have to register as sex offenders. SB 145 would eliminate automatic sex offender registration for young adults who have anal or oral sex with a minor. If signed into law, the bill would “bring much-needed parity” to California sex offender registration law, according to a statement from Los Angeles County District Attorney Jackie Lacey, who drafted the bill. The Socialist Left is trying to make this seem “normal” to the rest of us so the punishment will eventually go away for RAPE. More posts from the OutOfTheLoop community. News SB 145 would only amend California law to list other types of intercourse. Advocates say the bill would apply California law more equitably to the LGBTQ community. A judge will still be able to place someone on the registry if the behavior at issue was predatory or otherwise egregious. Our Top Picks SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office and Equality California. Your email address will not be published. Newsom to Quarantine; Staffer Tests Positive for Virus, Walters: Vaccine Rollout Could Make or Break Newsom, Some Lessons for Newsom and Democrats From the Last Recall Effort. 13Yo and 18yo apart if not by looks I ’ m freaking 23 and look... To sex offenders this affects gay people much more severely than straight individuals be. 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