Crimes: solicitation of prostitution of a minor: human trafficking.

Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who causes, induces, or persuades a person who is a minor at the time of the commission of the offense to engage in a commercial sex act, as specified, is guilty of human trafficking, a felony punishable by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. If the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, the crime is punishable by imprisonment in the state prison for 15 years to life and a fine of not more than $500,000. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring. This bill would impose an additional term of imprisonment in the state prison of 3, 4, or 5 years for the above-specified offenses if the victim was less than 16 years of age at the time of the offense. The bill would require the additional term to be served consecutively to the above-specified punishment. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law makes solicitation for purposes of prostitution a crime, except as specified. Under existing law, if the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 2 days and not more than one year, or by a fine of $10,000, or by both that imprisonment and fine. This bill would make solicitation for prostitution, if the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, punishable by imprisonment in a county jail for not less than 6 months and not more than one year, or by a fine not exceeding $15,000, or both that imprisonment and fine, or as a felony subject to incarceration for 2, 3, or 4 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.