New California Law Raises the Stakes for People Charged With Solicitation of a Minor
In a significant move garnering national attention, California enacted Senate Bill 1414 (SB 1414) on September 26, 2024. This new legislation amends Penal Code sections 290 and 647, introducing stricter penalties for those convicted of soliciting minors. Notably, the offense has been raised from a misdemeanor to a felony in certain circumstances, making it more important than ever for defendants facing such charges to seek legal help. In addition, elements of the crime itself have been changed, making it easier for prosecutors to secure a conviction. Learn more about the changes below, and if you have been charged with solicitation of a minor in San Bernardino County, contact Attorney John D. Lueck to speak with a skilled and experienced Rancho Cucamonga sex crimes defense lawyer.
Key Changes Introduced by SB 1414
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Redefinition of the Crime: Previously, for an individual to be convicted of soliciting a minor under Penal Code section 647, it had to be proven that the defendant knew or reasonably should have known the person solicited was a minor. SB 1414 removes this requirement, establishing that soliciting a minor is a crime regardless of the defendant’s knowledge of the victim’s age.
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Increased Penalties: The legislation elevates the offense from a misdemeanor to a felony. Convicted individuals now face confinement in state prison for two, three, or four years and a fine of up to $25,000.
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Mandatory Sex Offender Registration: SB 1414 mandates that individuals convicted on or after January 1, 2025, of soliciting a minor must register as sex offenders for a term of 10 years.
Implications for Defendants
For defendants facing charges of solicitation of a minor, these changes vastly raise the stakes of being prosecuted for this offense. The removal of the knowledge requirement means that individuals can no longer claim ignorance of a victim’s age as a defense, while the heightened penalties and mandatory registration increase the likelihood of harsh sentencing. As the California Public Defenders Association noted in its opposition to SB 1414, California is one of only ten states where the age of consent is 18, in contrast to 17 in many states and 16 in the majority of states. In other words, California defendants can now find themselves on the Sex Offender Registry for ten years for doing something that is legal in 80% of the country, regardless of whether they ever intended to solicit a minor in the first place.
Legal Representation and Defense
If you or someone you know is facing charges related to the solicitation of a minor, it’s crucial to seek experienced legal representation. Attorney John D. Lueck, a seasoned criminal defense lawyer in Rancho Cucamonga, is well-versed in the nuances of California’s penal code and can provide the guidance needed to navigate these serious charges. Contact attorney Lueck at by calling 909-484-1963 (office) or 909-646-2736 (cell) for immediate assistance if you have been charged with solicitation or other sex offenses in San Bernardino County.
