"The key is that the children involved are not liable, not that the conduct has been legalized," said Gabriel Chin, a criminal law professor at UC Davis School of Law, who analyzed the law upon our request.
Chin added that under the new law "child prostitution is treated just as, say, the production of child pornography is." Adults involved are subject to criminal prosecution, while the children, who are seen as victims, are not, he said.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.
While such sexual activity may be criminal (statutory rape if the minor is having intercourse with a sexual partner 18 or older), it is not reportable under the Child Abuse and Neglect Reporting Act and should therefore remain confidential.
Other sexual activity, which is not reportable, includes voluntary sexual conduct between children who are both under the age of 14 years and who are of similar age, maturity, and sophistication.
The information below applies only to consensual sexual activity-not incest, date rape or any situation in which the minor did not fully consent to the sexual activity.
Supporters of the law said it’s designed to treat children involved in prostitution as victims rather than as criminals.
It decriminalizes prostitution for minors by preventing law enforcement from arresting people under 18 for soliciting sex or loitering with intent to commit prostitution.
Representatives for Allen did not respond to our questions.
Allen, who represents Orange County, told KQED public radio he rejects the criticism he’s received over the column.