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. It is automatic registration for oral or anal penetration. Really? Ten of the Senators present at the time of the vote chose not to vote on this bill. How easy is it to change and existing law? 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). State SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision. It might also allow a judge to show a certain amount of leniency - no one can deny the 23 year old fucked the 16 year old, but everyone including the 16 year old is saying they lied and said they were 18. 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. Basically, people misconstrued what the law did to drum up political outrage and views on their websites and media. It makes me glad I'm no longer at the age where (even if I was dating) my typical dating pool is going to be anywhere near "possibly underage". On Saturday, California Governor Gavin Newsom signed Senate Bill SB-145 into law. Just trying to do a daily profit headline, both sides the pro and against this bill. Please contact the moderators of this subreddit if you have any questions or concerns. But I wonder if the 10 years gap is a difficult part to amend for some reason. U.S. Latest It adds to the ridiculousness of this law, SB 145, that is the way by which California is legalizing pedophilia. They just automatically are registered no matter what. https://www.factcheck.org/2020/09/california-bill-doesnt-make-pedophilia-legal "There’s been a lot of misinformation and straight-up lies about SB 145," said California State Senator Scott Wiener of San Francisco. SB 145 would eliminate automatic sex offender registration for young adults who have anal or oral sex with a minor. The bill faced opposition in the Legislature by some lawmakers, including Democratic Assemblywoman Lorena Gonzalez. 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. You can almost always tell a 13yo and 18yo apart if not by looks, then by the way they act. this is how it works right now for vaginal penetration. 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! 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 California Senate passed Senate Bill (SB) 145 by a vote of 25 to 3 on May 28. 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. Please review Rule 4 and this post before making a top level comment: I am a bot, and this action was performed automatically. There are plenty of people to share the criticism. More posts from the OutOfTheLoop community. 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. Voters Rejected These School Bonds in March. 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. Newsom’s decision to sign the legislation promises to have both a … Due to the Senate’s passage of this bill, SB 145 will move to the Assembly for a series of votes. They are boyfriend and girlfriend. 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. Press J to jump to the feed. 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. 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. SB 145 would allow a sex offender who lures a minor with the intent to commit a felony (i.e. If they’ve done all that is reasonable it shouldn’t be seen as their fault. 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. This is just my opinion, but 13yo's? 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. 145 CHAPTER 777 An act to amend Section 311.11 of, and to repeal and add Section 288.2 of, … Those acts would include oral and anal sex and digital penetration. I suspect there is more comolexity to the current law and to creating new laws than we are ‘ allowed’ by the media to know. “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. They are in love. Lying and saying you are 18 is not a defense for the offender to this particular strict liability crime. Given the potential ramifications, it must be an immediate priority of the California legislation. 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. And what does involves to rewrite it completely? Our Top Picks The bill is intended to reform the state’s sex offender registry to be […] THE FACTS: SB 145, which has passed the California Legislature and awaits Gov. Does anal sex get the same protection as vaginal sex? A 24-year-old who has sex with a 14-year-old is a predator. On the last day possible, the California legislature passed Senate Bill 145. A judge will still be able to place someone on the registry if the behavior at issue was predatory or otherwise egregious. If your curious, the criteria involved are that the victim is 14-17 and that the age difference is no more than 10 years. The bill deals with sex acts between adults and minors (commonly referred to as statutory rape), which in California remain crimes punishable by up … There he is…….the leather-clad Castro Street wiener. That seems reasonable to me. SB 145 was co-sponsored by the Los Angeles County District Attorney’s Office, and Equality California. Don't get me wrong, I'm in favor of the idea the bill is going for. By using our Services or clicking I agree, you agree to our use of cookies. Advocates say the bill would apply California law more equitably to the LGBTQ community. Instead, a judge would make the decision. Can’t go by looks I’m freaking 23 and I look 15. In those cases, the Judge can make the decision to not have the guilty party register as a sex offender. Thus, adult homosexuals could prey on young teenagers sexually – as happens so much – and not be considered sex offenders. Do you think a young 14 year old boy can be easily influenced by a 24 year old man? https://www.google.com/amp/s/amp.usatoday.com/amp/3456171001. 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I have tried googling it but I find the information in the articles overwhelming and difficult to comprehend. 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 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. Your email address will not be published. He is going to automatically have to register as a sex offender. It seems unreasonable for it to be strict liability when it’s so hard to verify. The Judge makes a call based on the case provided the particulars of the case fit certain criteria. I would think the minimum would be like 15 or 16. 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. Senate Bill No. And another thing: Scott Wiener shouldn’t be taking ALL of the criticism on this. The pedophilia bit is more complex and is purely political. No specification is made as to whether the sexual offender is straight or LGBT. “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. Posts making such claims fundamentally misrepresent what SB 145 does, according to the bill’s authors and outside experts. 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. “PEDOPHILIA is now LEGAL in CALIFORNIA,” read a Facebook post viewed more than 8 million times. SB 145 changes that. They are in love. 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.). A subreddit to help you keep up to date with what's going on with reddit and other stuff. Consequently, this affects gay people much more severely than straight individuals. Can someone please explain this to me in simple terms? Example: A 17 year old male and an 18 year old male are dating. It is automatic registration for oral or anal penetration. SB-145 Sex offenders: child pornography. SB 145 has been widely condemned by social media users falsely claiming it would legalize pedophilia. Bill supporters. If so, the media should be asking and showing US the answers. Until that oversight within SB 384 is addressed, SB 145 should be considered moot. In simplest terms - it does not make pedophila legal. Feel the media are not asking the right questions. 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. Basically, it let’s judges decide on the facts of this person deserves to be a sex offender. You could meet someone in a bar or some other place that checks ID and that still wouldn't be a defense. 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. 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