Bill still allows sex ‘when committed without force, where the minor was a willing participant and under the age of 14’
By Katy Grimes, August 21, 2020 7:46 am
Last year California Globe reported that State Senator Scott Wiener (D-San Francisco) and Assemblywoman Susan Eggman (D-Stockton) introduced legislation “to end blatant discrimination against LGBT young people regarding California’s sex offender registry.” Wiener and Eggman are members of the California Legislative LGBT Caucus.
However, under their bill, SB 145, the offenders would not have to automatically register as sex offenders if the offenders are within 10 years of age of the minor.
According to Wiener last year: “SB 145 ends blatant discrimination against young people engaged in voluntary sexual activity by providing courts the discretion to decide, at sentencing, if registering the defendant as a sex offenders is appropriate, regardless of the sex act they performed,” bill analysis reported in August 2019.
And then the bill was placed on the suspense file, which means Wiener could not get the bill passed.
However, the bill has been brought back, without any new analysis or new amendments, and was voted on Thursday in the Assembly Appropriations Committee, where it was passed 6-2.
What changed between last August 2019 and August 2020?
Of the 247 comments left on the California Globe, several say Senator Wiener has been targeted by QAnon, the anti-child-sex-trafficking activist group.
Fox 2 KTVU reported:
“Wiener said believers in the conspiracy theory QAnon are accusing him of pushing to let gay men have sex with minors.”
“It started a few weeks ago on Instagram (with) a particular person who is part of the QAnon network, this cult-like pro-Trump network that runs around saying that there’s a big conspiracy to protect pedophiles and that prominent leaders are all pedophiles and it’s a big conspiracy,” he said. “It’s a very delusional kind of cult at this point.”
“They’ve identified this bill and started saying that this is about protecting pedophiles, which it is not, and even saying that I’m a pedophile. This kind of slander, not just against me but against my community, is outrageous, and we have to speak out against it,” he said.
“Currently, if a 14- to 17-year-old and a partner who is less than 10 years older have consensual sex, it is illegal, but the law does not require someone convicted in such a case to register as a sex offender if they had vaginal intercourse; it gives a judge discretion. If the case involves oral or anal intercourse, however, the offender must register.”
Bill analysis is more clear than Sen. Wiener:
“This bill states non-forcible sodomy, oral copulation, and sexual penetration with a minor do not require mandatory sex offender registration unless there is a ten-year gap between the minor and the other person. However, a court may still require registration if it deems appropriate. These offenses, when committed without force, where the minor was a willing participant and under the age of 14 are sometimes referred to as “Hofsheier offenses.” People v. Hofsheier (2006) 37 Cal.4th 1185 held that requiring mandatory sex offender registration for one such an offense – oral copulation – was unconstitutional if the state did not also require registration for a person convicted nonforcible sexual intercourse with a minor because it made an illegal distinction based on the sex act itself.”
NOQ Report said:
“Mainstream media is focused on the threats, but the effort is also shining a spotlight on the details of the bill itself.”
“Democrats are targeting our children. Look at this California legislation they’re trying to sneak through. The LGBTQ community should be outraged that their movement is being
