SB 145

It's illegal for an adult to have sex with a minor in California. But currently, these "statutory rape" cases are treated differently based on the kind of sex involved.

If an adult has vaginal intercourse with a minor, the trial judge has discretion to put the adult on the sex offender registry. If the case involves anal or oral sex, the court has no such discretion and the defendant is subject to automatic sex offender registration.

There is currently a bill pending in the state legislature, SB 145, that would remove the disparity and eliminate automatic sex offender registration in the latter situation.

The author and those supporting the bill say it's necessary because the current law discriminates against the LGBTQ community by punishing gay sex more harshly. If a 19 year-old male has sex with his 17 year-old girlfriend, the judge has the discretion to keep the boy off the registry, whereas if a 19 year-old male has sex with his 17 year-old boyfriend, registration is automatic.

The bill is currently on Governor Newsom's desk awaiting his decision.

The bill applies where:

• The minor is between 14-17 years old.
• The adult is within 10 years of the minor's age.
• The adult is found to have engaged in oral or anal sex with the minor.