California enacted Senate Bill 1414 (SB 1414) in September 2024, which reclassifies the act of soliciting or buying sex from a minor under the age of 16 from a misdemeanor to a felony, marking a pivotal shift in the state's approach to protecting vulnerable youth from exploitation.

California SB 1414 Explained

The key provisions under this new law include:

• Wobbler Offense: Solicitation of a minor under 16 is now a “wobbler” offense, meaning prosecutors can charge it as either a misdemeanor or a felony. This flexibility allows for a more tailored approach to sentencing based on the specifics of each case.
• Penalties: A first-time offender can face up to three years in county jail and a fine of up to $10,000. For repeat offenders or those soliciting minors aged 16-17, the offense is automatically charged as a felony, with potential penalties of up to three years in jail.
• Mandatory Sex Offender Registration: Convicted individuals must register as sex offenders for a minimum of ten years, a requirement that underscores the gravity of the offense and its long-term consequences.
• No Sexual Activity Required: Importantly, no sexual activity needs to occur for a charge to be filed. The mere act of soliciting with intent, backed by an overt action like payment or arranging a meeting, is sufficient for prosecution.

Defending Against SB 1414

The enactment of SB 1414 significantly raises the stakes for those accused of soliciting minors. However, potential defense strategies for an SB 1414 charge include:

• Demonstrating that the defendant did not possess the specific intent to engage in a criminal act can be a viable defense.
• If the defendant reasonably believed the minor was of legal age based on appearance or misrepresentation, this could mitigate the charge to a misdemeanor level.
• If the person solicited was above the age threshold for the crime at the time of the solicitation, this could be a strong defense.

How the Sigal Law Group Can Help

SB 1414 represents California's firm stance on protecting its youth from sexual exploitation. For those facing charges under this new law, the implications are severe, with potential felony convictions, substantial fines, and mandatory sex offender registration.

If you or someone you know is accused of soliciting a minor under 16, the Sigal Law Group can help. Contact our offices today for a free consultation.