No, California does not ease punishment when adults pay children for sex

The context

A social media post (archived here) on X (formerly Twitter) with more than a million views claims that California is loosening penalties for adults who “buy” children for sex.

The post states: “SB 1414, new law in California. Purchasing a child for sex in California is now punishable by 2 DAYS in jail. 2 DAYS in jail. No jail time anymore.”

In a video accompanying the post, a woman claims: “Originally, this law was supposed to change this from a misdemeanor to a felony, and yet a two-day jail sentence was introduced.”

However, California’s new law actually increases the penalty for soliciting minors, not reduces it.

Our findings

Under current California law, any person who offers, agrees to offer, or engages in commercial sex with a minor is charged with a misdemeanor. If the person offered is a minor and the offender knew or should have known that the person was a minor, the offense is punishable by imprisonment for two days to one year, a fine of up to $10,000, or both.

Senate Bill (SB) 1414, which is now awaiting third reading, proposes significant changes to the penalties for soliciting minors to engage in prostitution.

If the minor is under 16 or under 18 years old and is a victim of human trafficking, the offense is classified as a “wobbler” under the law. A “wobbler” is an offense that can be charged as either a misdemeanor or a felony, depending on the circumstances and the discretion of the prosecutor. This means that it can be charged as either a misdemeanor, with penalties of up to one year in jail and a fine, or as a felony, punishable by imprisonment in the county jail and penalties of 16 months, two years, or three years.

For repeat offenders, the crime would automatically be treated as a felony with the same prison sentences. Starting January 1, 2025, anyone convicted under these conditions who is more than 10 years older than the minor will be required to register as a sex offender for 10 years.

California Republican State Senator Shannon Grove introduced SB 1414 earlier this year. The original bill included 16- and 17-year-olds, but the current amended version would require them to prove that sexual intercourse with minors for money and human trafficking took place. In addition, the original version proposed making the crime a felony punishable by a minimum of two years in prison.

The verdict

The bill, SB 1414, would increase the penalty for soliciting or engaging in commercial sex with a minor, not lessen the penalty, so we have marked the claim as false.