We decided to verify a claim making its rounds on the internet over California apparently legalizing child prostitution.
In a Dec. 29 Washington Examiner op-ed, state Assemblyman Travis Allen (R-Huntington Beach) claims that "beginning on Jan. 1, prostitution by minors will be legal in California."
Here's what we found:
Gov. Jerry Brown signed SB 1322 into law Sept. 26 and when it takes effect Sunday, the law will decriminalize prostitution for minors.
Currently, a minor, even if they are a victim of sex trafficking, could still be charged with prostitution.
"For any person to sell or purchase a child for sex is a crime, and remains so," said Alameda County District Attorney spokeswoman Teresa Drenick. "It is completely misleading to write that it’s now 'legal' to buy or sell a child for sex and nothing could be farther from the truth."
That distinction is key.
Allen also notes in his op-ed that SB 1322 bars law enforcement from arresting sex workers under 18 years old on prostitution charges.
But, selling or purchasing a child for sex is still a crime.
State Sen. Holly Mitchell (D-Los Angeles), who introduced SB 1322, said the law only impacts victims of sex trafficking.
"If police find somebody who is at risk, they are responsible for removing that child from the danger situation," Mitchell said.
Allen's claim appeared to even catch the attention of state Senate President Pro Tem Kevin de Leόn (D-Los Angeles) Friday.
#CaliforniaDemocrats created a law to protect children who are victims of sex trafficking. Shame on Republicans who are twisting the facts.
— Kevin de Leόn (@kdeleon) December 30, 2016
A spokesperson with Allen's office said that regardless of intent, the exemption is semantics for legalization.
However, claiming that child prostitution is legal is misleading.
To recap, the law decriminalizes prostitution for minors. But, buying or selling a child for sex is still a crime, so Allen's claim is false.