No, California is not relaxing the punishment for adults paying children for sex

The context

A social media post (archived here) on X (formerly Twitter) with more than one million views claims that California is relaxing the punishment for adults "buying" children for sex. 

The post says, "SB 1414, new law in California. The punishment for buying a child for sex in California is now punishable by 2 DAYS in county jail. 2 DAYS in county jail. It's no longer punishable by prison."

In a video attached to the post, a woman claims, "This bill was originally supposed to change this from a misdemeanor to a felony, and yet they instated a 2 day in county jail punishment."

However, California's new law actually proposes increasing the punishment for soliciting a minor, not decreasing it.

What we found

Under existing California law, any person who solicits, agrees to engage in, or engages in any act of commercial sex with a minor is charged with a misdemeanor. If the person solicited is a minor, and the offender knew or should have known they were a minor, the offense carries a mandatory jail sentence of two days to one year, a fine of up to $10,000, or both. 

Senate Bill (SB) 1414 bill, now scheduled for a third reading, proposes significant changes to the penalties for soliciting a minor for prostitution. 

Under the legislation, if the minor is under 16 or under 18 and a victim of human trafficking, the offense would be classified as a "wobbler." A "wobbler" is an offense that can be prosecuted as either a misdemeanor or a felony, depending on the circumstances and the prosecutor's discretion. This means it could be charged as either a misdemeanor, with penalties of up to one year in county jail and a fine, or as a felony punishable by imprisonment in the county jail, with sentences of 16 months, two years, or three years.

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

Republican California state Senator Shannon Grove introduced the SB 1414 bill earlier this year. In the initial bill, 16 and 17-year-olds were included, but in the current amended version, they would have to prove that sexual engagement with a minor for money and human trafficking occurred. Additionally, the original version suggested the crime be a felony with a state prison sentence of a minimum of two years.

The verdict

The SB 1414 bill proposes to increase the punishment for soliciting or engaging in an act of commercial sex with a minor, not relax the punishment. Therefore, we have marked the claim as false.