So, I was going through my usual pile of misinformation, from both right and left, and I came across a little gem. I was hoping that Bill and the guys could look at it and give a response on California SB 145. This Senate Bill was to cover certain aspects of the LGBT+ community and their sexuality (in regards to being a sex offender) put seemed to add a small loophole. The following part is what I noted and is what had me re-reading it 30 or 40 times. You will not need to register as a sex offender, if the child is 14 years, or older, as long as they are within 10 years (i.e 14yo/24yo, 15yo/25yo, 16yo/17yo etc.) of the minor. Please tell me that I am reading the legalese incorrectly:
PC 290
(2) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
And for clarification:
(b) of Section 286:
(b) (1) Except as provided in Section 288, any person who participates in an act of sodomy with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.
(b) of Section 287:
(b) (1) Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.
(h) or (i) of Section 289:
(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year.
One reply on “LGBTQ-P?”
10 years seems a little too long for this kind of thing, and having it start at 14 seems a little early.
I have heard ideas put forward about 16 and 18 year olds, as that includes boyfriend and girlfriend still in high school or recently graduated and continuing a relationship. The “continuing” was a needed part though from the conversations I remembered and I think the idea was to have it just wide enough to cover a 17 and 19 year old or something similar, if they had a relationship when the oldest was still 18 or maybe even 17, and the parents were aware of the relationship.
The proposed 14 and 24 covers high school froshes and sub or just starting out teachers. I don’t suppose that qualifies as “other reasons to require registration” these days.