What is Proposition 35?
Proposition 35 is the "Californians Against Sexual Exploitation Act" Initiative. It seeks to increase in the penalties for human trafficking which would include:
Prison sentences being upped to 15-years-to-life.
Requiring convicted sex traffickers to register as sex offenders.
Requiring that the criminal fines from convicted traffickers pay for services to help victims.
Fines can add up to 1.5 Million dollars, and would also go towards mandated law enforcement training on the subject of human trafficking.
Requiring all registered sex offenders to disclose their internet accounts and information about their activities.
Prohibiting any evidence that victims engaged in sexual conduct from being used against victims in court.
Who wrote Proposition 35?
In 2010, Chris Kelly helped to draft Proposition 35. At the time, Kelly was an Attorney General of California candidate and the former chief of privacy at Facebook.
Who supports it?
Voters, celebrity activists, organizations, and political parties endorsed Prop 35.
Who is against it?
Multiple organizations who are involved in the prevention of sex trafficking and help for victims have come out as being opposed to Prop 35.
Attorney General Kamala Harris and the State of California
According to the official webpage for the State of California Department of Justice Office of the Attorney General, Harris "has focused on combating transnational gangs that are trafficking guns, drugs, and human beings throughout California". California has had Megan's Law in place since 2004, a law that allowed sex offender registry information to be open to the public.
Kamala Harris' office has defended Prop 35.
Now what?
The Ninth Circuit Court of Appeals ruled in 2014 that the portion of Prop 35 requiring offenders to disclose their internet activities and accounts was unconstitutional, violating the 1st Amendment (Freedom of Speech).
The reasoning behind this is that offenders will fear being able to speak out on the internet about any topic because they could be subjected to harassment by the public based simply on their status.
Those who challenged this section of Prop 35 were not defending current sex offenders, rather those who completed their sentences years ago who are attempting to lead their lives without their past crime following them on the internet.
Kamala Harris currently has no plans to appeal this decision. She needed to decide by this week. Does this mean that she's completely against Prop 35, that she's "ignoring the will of the 81% of California voters who supported Prop 35", that she's protecting sex offenders?
You tell us. Reblog, retweet, comment, sound off and tell us what YOU think.
For more information:
California Against Slavery Research and Education
States can't make sex offenders give authorities their Internet IDs
Human Trafficking: California Attorney General Kamala Harris Vows Crackdown
California Proposition 35, Ban on Human Trafficking and Sex Slavery (2012)
