Proposition 35 - the California law banning all forms of anything sexual.
STOP CALLING ADULT CONSENSUAL SEX, - HUMAN TRAFFICKING !!!
Early polling suggests that Proposition 35 looks like a sure winner in November — buoyed by voters who haven’t read or understood it but who like its title. Unfortunately, either through accident or design, Prop 35 is badly drafted — potentially turning even misdemeanor offenses dealing with prostitution, solicitation, non-marital sex, sex with minors, “sexting,” pornography, obscenity, and extortion into major, multi-year felonies.
A nonprofit, non-partisan human rights organization dedicated to ending human trafficking in our state. Our mission is to defend the freedom of every child, woman and man by empowering the people of California to fulfill our obligation to stop human trafficking.
… dedicated to supporting efforts to protect Californians from all forms of criminal exploitation. Created by Chris Kelly, former Facebook Chief Privacy Officer and a Silicon Valley attorney and philanthropist, the Safer California Foundation looks forward to the day when every neighborhood in California is as safe as our most secure neighborhoods today.
Surprise! Current Law Does Punish Pimping Minors. (Unbelievable!)
Debbie was 15 when she was abducted from her Phoenix home late one night. Four men took her to an apartment from her home 25 miles away and continually raped and abused her. She spent days and days in a dog kennel, where her kidnappers forced her to eat dog biscuits and have sex with any man who came to the apartment. Unfortunately, this is a situation more than 2 million women and children find themselves in around the world annually.
Prop 35 Apparently Creates Big New Penalties against Underage Sex and All Prostitution
- prostitution or “illicit carnal connection with any man” (§266)
- living or deriving support from the proceeds of prostitution (§266(h))
- procuring prostitutes (§266(i))
- transporting minor prostitutes for immoral purposes(§266(j))
- taking away from guardians a minor for purposes of prostitution (§267)
- importation, publishing, possession, &c of real or simulated child pornography (§311.1)
- importation, publishing, possession, &c of obscene material, of real or simulated child pornography, or providing same to minors (§311.2), or using minors to produce such material (§311.4)
- visually depicting a minor having sex with a person or animal, experiencing penetration of their vagina or anus, masturbating, engaging in sadomasochistic activity, urinating, defecating, or revealing sexual organs for the purpose of sexual stimulation of the viewer (§311.3)
- any trafficking in obscene matter (§311.5 — a misdemeanor offense)
- engaging or participating in, sponsoring, &c, obscene life conduct in public, with or without admission fee (§311.6 — a misdemeanor offense)
- extortion (§518)
Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of 18 years, into any house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who, by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man,
“Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
Turning “commercial sex acts” into “human trafficking”
Coercion includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or the provision and facilitation of any controlled substance to a person with the intent to impair said person’s judgment.
“Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all of the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
OK, seriously — could people really get prosecuted for all of this?
- production of obscene materials
- any sex act (not just intercourse) with someone underage, even if you’re underage too
- rooming with someone you should realize is engaged in commercial sex acts (broadly defined)
- having sex with a prostitute who (whatever his or her appearance) may turn out to be underage (and “she looked like she was 25″ is explicitly ruled out as a defense in the CASE Act itself)
- creating a situation where a financially dependent lover or one worried about her reputation or one to which you’ve provided marijuana, &c, does not feel that she can exit a relationship without “serious harm”, &c
The perverse effect of Prop 35 could be less police focus on real prototypical human trafficking
Take it back to the workshop and FIX IT before it becomes law
Phung spent enough time in the Capitol to realize she could not persuade Democrats in the Legislature to approve longer sentences for human trafficking. Lawmakers are trying to reduce the prison population because of the federal court order requiring it and to cut costs.
- Prop 35 relies on junk science to lie to voters about human trafficking cases so they can benefit from 100% of the new fines imposes.
- Prop 35 relies on the failed polices of police engaging in sexual contact in prostitution sting operations to identify human trafficked victims will force the sex industry further underground, making it harder for law enforcement to find and identify actual human trafficking victims.
- Prop 35 relies on the failed polices of mandating cities and counties to spend millions of dollars to implement and train police officers to enforce this law that doesn’t provide basic protections such as access to equal protection for those who are working in the sex industry or undocumented.
- Prop 35 could result in children and domestic partners of prostitutes, who are supported financially from a prostitutes’ labor, to be convicted of human trafficking and forced to register on the California sex registry as sex offenders.
- Prop 35 is overbroad – it could result in the arrest of and prosecution of teenagers for human trafficking who date, consume alcohol or a controlled substance, and engage in sexual activity an unintended consequence.
- Prop 35 is overbroad – it will give police too much discretion and will likely result in further police abuse of homosexuals and other disfavored minority groups.
- Prop 35 relies on the failed polices of further criminalization of consensual private adult sexual activity.
- Prop 35 will cost the state of California substantial funds to support Proponent’s chosen anti-prostitution trafficking non-profit groups with no oversight or accountability.
- Prop 35 will cost the state of California untold sums to defend it in court challenges and will be struck down as unconstitutional.
- Prop 35 penalties which include registering all internet user names infringes upon protected free speech activities such as the right to engage in political dialogue anonymously on the internet and will cost voters money when it is challenged in court and ruled unconstitutional.
- Prop 35 unconstitutionally limits a defendant’s right to assert a defense at trial – by preventing a defense attorney from questioning an alleged victim about voluntary work in the sex industry and will cost voters money when it is challenged in court and ruled unconstitutional.
- Prop 35 is overbroad – it makes duplicating and selling obscene materials depicting children a form of human trafficking and will cost voters money when it is challenged in court and ruled unconstitutional.
- Prop 35 is overbroad – it would require individuals who engage in any kind of extortion to register with the CA sex registry as sex offenders even though the particular crime may not have been a sexual offense and will cost voters money when it is challenged in court and ruled unconstitutional.
- Prop 35 is unconstitutionally vague – a law must be clearly written so as to give adequate notice regarding what is the illegal activity and will cost voters money when it is challenged in court and ruled unconstitutional.