Assembly Votes to Increase Fines Against 'Johns'

Swanson’s AB 12 Raises Stakes against “Johns,” Increases Fines to $25,000

A bill to fight the commercial sexual exploitation of children swiftly passed the Assembly today with a 72 to 0 vote. AB 12, the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act (the ACCESS Act), would increase the fine against a person engaging in commercial sex with a minor to up to $25,000. Assemblymember Swanson (D-Alameda) made the following statement on the floor of the Assembly:

“The ACCESS Act would grant a court the discretion to fine a ‘John’ who has sex with a minor up to $25,000 and directs those fines to support programs that help commercially sexually exploited minors. Sadly, the average age of girls entering prostitution in California is only 12 years of age. Some of these girls are victims of human trafficking; some of them are victims of sexual abuse; some of them are victims of abandonment and mental abuse. But they are all victims. And they are all children.”

Swanson further explained that part of the motivation behind AB 12 was to clean up misunderstandings about the sex trade and align the fines for commercial sex acts with children to those for statutory rape.

“A child is unable to legally consent to sex,” said Swanson. “That’s precisely why we have statutory rape laws. These children are not out on the street being victimized by choice. But the men who pay to have sex with them are out on the streets by choice.”

One of the bill’s many coauthors, Assemblymember Dickinson, commented on how the bill will help anti-human trafficking efforts in Sacramento. “Unfortunately, Sacramento has become a center of human trafficking and AB 12 makes some serious improvements in attacking that problem. I thank Assemblymember Swanson for bringing this important bill to the Legislature.”

Swanson concluded, “It’s time that our state recognize that ‘Johns’ are a significant part of this problem and treat the commercial exploitation of minors as seriously as we treat statutory rape and other forms of sexual abuse. AB 12 raises the fines against men who keep this ugly business alive."

AB 12 is part of Swanson’s ongoing legislative effort to combat human trafficking. Swanson’s current legislative package includes many measures that attack child exploitation and trafficking. AB 90 would make it possible to prosecute a human trafficker who uses mental coercion to force a child into prostitution. AB 764 would add a new box to the state income tax form, allowing people to make a voluntary donation to organizations providing services to commercially sexually exploited minors. AB 799 would expand and extend an Alameda County diversion program for commercially sexually exploited minors.

AB 12 now moves to the Senate.