Please ensure Javascript is enabled for purposes of website accessibility
Sen. Scott Wiener's SB145 Isn't a 'Pedophile Bill.' Here Are the Facts.
GV-Wire-1
By gvwire
Published 5 years ago on
September 11, 2020

Share

THE CLAIM:

California just passed Senate Bill 145, a bill that would end felonies for child rape and legalize pedophilia in the state.

THE FACTS:

SB 145, which has passed the California Legislature and awaits Gov. Gavin Newsom’s signature, would not legalize pedophilia. The bill is intended to reform the state’s sex offender registry to be fairer to young LGBT adults. 

It would give judges equal discretion to determine whether an adult, convicted of having non-coercive sex with someone under 18, must register as a sex offender — regardless of what kind of sex is involved.


Background

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. SB 145 would expand that judicial discretion to include cases of voluntary oral or anal sex between an adult and a minor, within the same age parameters.

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. It also would not apply if either party claims the sex was involuntary.

‘Parity’ in Law’s Effect on LGBT Community

Advocates say the bill would apply California law more equitably to the LGBTQ community.

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.

“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.

SB 145 has been widely condemned by social media users falsely claiming it would legalize pedophilia. “PEDOPHILIA is now LEGAL in CALIFORNIA,” read a Facebook post viewed more than 8 million times. “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. This is unbelievable California!”

Social Media Posts Misrepresent the Bill

Posts making such claims fundamentally misrepresent what SB 145 does, according to the bill’s authors and outside experts. Jessica Levinson, a professor at Loyola Law School, called the claims “hogwash” in an interview with The Associated Press.

“The accusation that it somehow allows pedophilia is simply not true,” Levinson said.

The bill faced opposition in the Legislature by some lawmakers, including Democratic Assemblywoman Lorena Gonzalez. She said that the 10-year age gap was too broad. The same 10-year provision applies to existing law, however, in cases of penile-vaginal sex between a minor over 14 and an adult where intercourse was voluntary.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

UP NEXT

California Lawmaker Won’t Be Charged After Citation for Suspicion of Impaired Driving

X Marks the Spot: Bruised Musk Says His Young Son Punched Him

13 hours ago

PBS Suing Trump Administration Over Defunding, Three Days After NPR Filed Similar Case

14 hours ago

Authorities Seek Help Finding Relatives of Deceased Fresno Man

The Fresno County Sheriff-Coroner’s Office is asking for the public’s help in locating family members of a Fresno man who died last month. F...

12 hours ago

The Fresno County Sheriff-Coroner’s Office is seeking the public’s help to locate the family of Felipe Pech, 68, of Fresno, who died on April 23, 2025. (Fresno County SO)
12 hours ago

Authorities Seek Help Finding Relatives of Deceased Fresno Man

Felecia Johnson is Valley Crime Stoppers' Most Wanted Person of the Day for May 30, 2025. (Valley Crimes Stoppers)
12 hours ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Felecia Johnson

13 hours ago

How in the World Did Fresno End Up on Trump’s Sanctuary Cities List?

13 hours ago

X Marks the Spot: Bruised Musk Says His Young Son Punched Him

14 hours ago

PBS Suing Trump Administration Over Defunding, Three Days After NPR Filed Similar Case

14 hours ago

Loretta Swit, Emmy-winner Who Played Houlihan on Pioneering TV Series ‘M.A.S.H.,’ Has Died at 87

15 hours ago

San Francisco 49ers Acquire Eagles Edge Rusher Bryce Huff, AP Source Says

15 hours ago

California Lawmaker Won’t Be Charged After Citation for Suspicion of Impaired Driving

Help continue the work that gets you the news that matters most.

Search

Send this to a friend