[CA Globe] tate Senator Scott Wiener (D-San Francisco) and Assemblywoman Susan Eggman (D-Stockton) introduced recent legislation "to end blatant discrimination against LGBT young people regarding California’s sex offender registry."However, under their bill, SB 145, the offenders would not have to automatically register as sex offenders if the offenders are within 10 years of age of the minor.
State Senator Scott Wiener. (Kevin Sanders For California Globe) Wiener claims the current law "disproportionately targets LGBT young people for mandatory sex offender registration, since LGBT people usually cannot engage in vaginal intercourse."
Existing law, the Sex Offender Registration Act, amended by Proposition 35 by voters in 2012 (Ban on Human Trafficking and Sex Slavery), requires a person convicted of a certain sex crime to register with law enforcement as a sex offender while residing in California or while attending school or working in California.
Wiener says, "Currently, for consensual yet illegal sexual relations between a teenager age 15 and over and a partner within 10 years of age, ’sexual intercourse’ (i.e., vaginal intercourse) does not require the offender to go onto the sex offender registry; rather, the judge decides based on the facts of the case whether sex offender registration is warranted or unwarranted. By contrast, for other forms of intercourse ‐ specifically, oral and anal intercourse ‐ sex offender registration is mandated under all situations, with no judicial discretion."
"This bill would authorize a person convicted of certain offenses involving minors to seek discretionary relief from the duty to register if the person is not more than 10 years older than the minor," SB 145 states.