In the dramatic break-up of a major national sex trafficking ring this week, 47 children aged 13 to 17 were rescued. All but one were female. The FBI coordinated the arrests of more than 600 adults in 29 U.S. cities to break up 12 major prostitution rings that forced children into prostitution. The rings operated out of truck stops, casinos, websites and call services.
"Sex trafficking of children remains one of our most violent and unconscionable crimes in this country," said FBI Deputy Director John Pistole. This week's operation was part of a five-year nationwide initiative that has led to the recovery of 575 children and the destruction of 36 prostitution operations since June 2003.
In California, sexual assault and sexual exploitation with a child under the age of 14 are classified as child molestation or child abuse and are felonies. Society considers child molestation and child abuse such heinous crimes that even those wrongly accused can be run out of their community or thrown out of their profession in the wave of hate and suspicion that follows such accusations.
Under California law, Section 288(a), "any person who commits a lewd or lascivious act on a child under the age of 14 is guilty of a felony punishable in the state prison for 3 to 8 years." Lewd and lascivious acts are defined as touching to arouse, appeal to or gratify the sexual desires of either party. However, touching is not a required element for conviction. Each act of sexual misconduct with a child constitutes one charge. Multiple acts, even if committed in the same instance, increase the state prison sentence to 6 to 16 years. Conviction can also require lifelong registration as a child sex offender which can severely limit community tolerance, housing options and job opportunities.
When sexual crimes are committed against children aged 14 to 17, the perpetrator can be charged with prostitution. In California, prostitution (also called solicitation) is generally charged as a misdemeanor, while pandering (also called pimping) is charged as a felony. Both the provider and user of sexual services can be arrested under California law.
Although most prostitution charges involve female prostitutes with male clients, prostitution charges can apply to either gender, whether the parties are heterosexual or homosexual. Prostitution and pandering charges can carry stiff fines, court-ordered counseling, physical labor with Cal Trans, loss of professional license, loss of government and security clearances, and jail time. Communities often demonize prostitution, causing law enforcement officers and prosecutors to pursue prostitution charges aggressively.
