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CA: Wiener legislation seeks to end ‘blatant discrimination’ in sex offender registry laws

A new state bill introduced by Sen. Scott Wiener, D-San Francisco, could possibly change the way young offenders, specifically those who identify as LGBT, are put on the state’s sex offender registry list, Wiener’s office announced Tuesday.

Currently, while consensual sex between 15- to 17-year-olds and a partner within 10 years of age is illegal, vaginal intercourse between the two does not require an offender to register as a sex offender. Other forms of intercourse such as oral and anal intercourse require sex offender registration.

That practice, according to Wiener, disproportionately targets young LGBT people, who usually cannot engage in vaginal intercourse.

Senate Bill 145 would put an end to “blatant discrimination against young LGBT people engaged in consensual activity,” Wiener said in a statement. Full Article

Join the discussion

  1. TS

    From the article comments, “The age of consent in California is 18. If two minors have sex, each is both perpetrator and victim. If it involves oral, anal or finger penetration, s.e.x offender registration is mandatory. Gender or sexual orientation are irrelevant.” I find it interesting no manual or motor driven intimacy aids (think for a moment there if you need) are listed here as against the law to use by those who are minors but standard human methods are. Why discriminate here? I digress.

    So, can all CA minors be charged (or will be able to be charged) as perps and victims despite consensual actions such as a minor could possibly be for taking an inappropriate photo(s) of themselves and sending it, e.g. manufacturer/disto/victim of CP even if they consensually did it to themselves? Waiting for the first case to have a CA DA think on this like those in IA or NC have had to do with minors who have done this before. It is a shame when the actions of the minor(s) who consensually acted in such a manor is dismissed because they cannot think for themselves here, but can charge them as an adult when they commit murder for example.

    • RegistrantNotAnOffender

      Senate Bill 6566 in our state (WA) made it so that a child cannot be put on the registry for sending a picture of themself.

  2. Gralphr

    This is actually important. In some states, a sodomy charge is considered a tier III offence, and requires lifetime registration.

  3. Dustin

    Notice the good Senator isn’t all that concerned with the discrimination registrants face as a result of registration…

    Regardless, the best way to end discrimination regarding registry laws is to abolish the registry. It serves no public safety or law enforcement purpose. And the ridiculously high costs of maintaining it as is pales in comparison to the costs of the updates and improvements that make no difference.

    • Will Allen

      A sentiment you expressed there really hit me as such a great summary right now. Of course you aren’t the first person who said it and it is not nearly the first time that I’ve heard it. But for some reason right now, it just hit me.

      I feel like our “movement” needs a slogan, tag line, or whatever. Wouldn’t it be effective if people see the same short words over and over and over again from hundreds of thousands of people, year after year? I think it would. Put the slogan everywhere.

      Could be “Be an army of one.” Or “Be a lone wolf.” Nah, first one is taken. The sentiment from what you said seems pretty nice – “The $EX Offender Registries serve no public safety or law enforcement purpose.” Why don’t a few hundred thousand of us repeat that as a short, simple fact, until people puke?

      Every time a person starts to say anything, that single sentence could be the first paragraph.

      • R M

        Here’s a few I’ve thought of…

        Be Very Afraid of Your Future
        Tyrants Rule the USA
        Watch Your Children… NOT Registrants
        Ashamed of Humanity
        War Against Registry Tyrants (WARTS)
        The Greatest Lie Ever
        Anathema’s of America
        Facts Should Matter
        Rejecting Injustice
        Ego’s and Willful Ignorance
        The Living Dead
        The Punishment Machine
        USA Preys on the Ignorant

      • Dustin

        I would suggest “Find the one case…” As in:

        … where the registry prevented a sex crime from commission.

        … where the registry had a role in identification and/or arrest for any crime other than registry violation.

        … where the registry provided information about a suspect not available from other sources.

        … where the registry has achieved one single stated purpose.

  4. My say

    To treat everyone equally, end the registry completely.

  5. Joe123

    Just let this paragraph sink-in:

    “Currently, while consensual sex between 15- to 17-year-olds and a partner within 10 years of age is illegal, vaginal intercourse between the two does not require an offender to register as a sex offender. Other forms of intercourse such as oral and anal intercourse require sex offender registration.”

    How disgusting of a society have we become in the USA that we dictate how BIOLOGY WORKS in endless laws like this?

    “Sex is illegal in situation X while not in situation Y, but only if circumstance Z happens within AA time frame”.

    Unbelievable that we live in a society like this.

  6. Meyer

    Let’s not forget how the Static 99R discriminates against people with a male victim, which logically will mean a disproportionate amount of gay men will be harmed by this so-called test.

    • Notorious D.I.K. / Kennerly

      Meyer, it seems as though Wiener has forgotten it or, possibly, never knew it. I was also struck by this point.

    • bob

      I for one am screwed by this fake static 99 scam. Im a male, had a male so called ‘victim’ (not to get into that part…) but got a POINT because of it…. well lets see im a gay make and my ‘victim’ was also a gay male… so go figure I get F*ed because im gay….. Which I may just send a letter to weiner about it…

  7. kat

    While this bill doesn’t solve the registry problem, at least it’s encouraging to see that there are people who are actually giving some “constructive thought” to the issue.

    • Dustin


      I love your posts, and find it very appropriate that you put the term “constructive thought” in quotes. It’s very sad that a proposal that will only further complicate an already byzantine system that provides absolutely no value whatsoever and drains resources to modify (only to remain worthless) is what passes for “constructive thought” in this or any other legislature. When did simply repealing bad law become so taboo in legislative circles?

    • JAB

      What’s scary is that recently someone stirred a lot of noise with Scott’s proposal and it’s being shared big time on Facebook. It’s this type of fear that could cause trouble for many registrants seeking relief in a few years. It shows a pic of Scott dresses in black leather and the proposed law changes. The comments are repulsive and incorrect! Saying a person whom rapes an 8 year old gets off the list. It’s this type of unwarranted fear that drives our legislators to give in to this circus fear. I can’t post the message and image here but I will share it with Janice in Sacramento. We need to stay on top of this type of fear and educate people with truth.

      • Will Allen

        There should not be a list period. That is what should be repeated nonstop. F “people” who love big government and their lists.

  8. matthew

    This guy is so stuck on LGBT community. While he has done a lot of good for us in some ways, he should be focusing on people in general not just classes of people.

    • Notorious D.I.K. / Kennerly

      Matthew, we need to realize that this system really started with putting gay men on a registry. That was the real purpose of the registry in California, the birthplace of the sex offender registry. Taking apart the registry requires that it be thoroughly examined and exposed, piece-by-piece. By examining the ways in which the registry has disproportionately targeted gays is not to sanction its imposition on others but a necessary step in educating the public and hastening its deconstruction. In other words, it is very much to the good – our good.

      • Tim Moore

        I agree. We have to counter this idea that the registry is a part of a suite of policies that protects vulnerable populations. Quite the contrary, it does just the opposite. It harms children, gays, and people of color. But you have to be nuanced about it. If you try to hammer the population, which has been fed the idea the registry is nothing but good for so long, with too much info all at once, it turns people off and at best they ignor you, worse just makes them more set in their beliefs.

    • RegistrantNotAnOffender

      He helps his constituents, a very high gay population.

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