The law has received a lot of attention — but most of it involves a misunderstanding of what the law does
Recently, Governor Gavin Newsom signed Senate Bill 145 (SB 145) into law. This law received a lot of attention nationwide, as some commentators believed that it legalized pedophilia. Across the internet, and particularly among followers of the QAnon conspiracy, individuals and media figures alike claimed that the bill was “pro pedophilia” and would legalize adults having sexual relations with minors. None of this is true.
As a sex crimes defense attorney in Los Angeles, CA can explain, SB 145 isn’t about legalizing pedophilia. Instead, it addresses a long-standing inequality in California’s criminal law. To understand what the law does — and does not — do, it is important to take a look at the underlying criminal laws.
In California, the age of consent for sexual intercourse is 18. Having sex with a person who is under the age of 18 is considered statutory rape. Whether the case is charged as a misdemeanor or a felony depends on the age of the people involved. A person who engages in sexual intercourse with:
- A minor who is less than 3 years younger (or older) can be charged with a misdemeanor;
- A minor who is more than 3 years younger can be charged with a misdemeanor or a felony (known as a wobbler offense); and
- A minor who is under 16 when the accused is 21 or older can be charged with a misdemeanor or a felony.
Although California does not have a “Romeo and Juliet” law that would decriminalize sex between two people who fall within a specific age range, these standards are meant to ensure that the penalty for statutory rape reflects the facts of the case. For example, if a 19 year old has consensual sex with a 17 year old, the 19 year old may be charged with misdemeanor statutory rape. However, if a 24 year old had sex with a 15 year old, the 24 year old could be charged with a felony.
Under current California law, judges have some discretion as to whether a person convicted of statutory rape must register as a sex offender. In essence, this allows the judge to take the facts of the situation into account. In the examples above, a judge may not require the 19 year old to register as a sex offender — but may require the 24 year old to register.
Until SB 145 was passed, judges did not have this same discretion when it came to other sex offenses related to minors. Sex offender registration was automatic for oral copulation with a minor and non forcible sodomy with a minor (oral and anal sex). As a result, it created a system where a 19 man could have vaginal sex with a 17 year old girl, and not have to register as a sex offender, while a 19 year old man who had oral sex with a 17 year old boy would be required to register. In practice, the law discriminated against LGBTQ Californians.
SB 145 removed this inequality, by ensuring that judges have the discretion to impose or not impose sex offender registration for these types of crimes. The bill does not legalize sex with minors. Instead, it allows judges to look at the facts of each case to decide whether registration is warranted, rather than automatically imposing registration for only certain types of sexual offenses.
If you have been charged with statutory rape or any other type of sex crime, we are here for you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a sex crimes defense attorney in Los Angeles, CA.
