California Imposes New Felony Charges for Soliciting Minors Under New Human Trafficking Law (AB 379)

With the passage of Assembly Bill (AB) 379 in August 2025, California law has overhauled how the state prosecutes solicitation offenses, specifically those involving minors.

Most notably, the new law, which went into effect Jan. 1, 2026, now makes it a felony for adults of a certain age to solicit 16- or 17-year-olds for sex, making them susceptible to more severe penalties.

For decades, solicitation of prostitution has been generally prosecuted as a misdemeanor offense.

However, California laws have been imposing stricter penalties on solicitation of minors in recent years, including the passage of SB 1414 in 2025, which allows prosecutors to charge solicitation of someone under age 16 with a felony.

Now, with the passage of AB 379, soliciting children between the ages of 16 and 18 counts as a felony in certain situations.

If you are facing criminal charges under this new law, you could be dealing with life-altering consequences due to the increased felony charges, including potential prison time, a permanent criminal record, and loss of gun rights.

Facing these allegations without skilled legal representation is a risk no one should take. To schedule a confidential consultation, call Eisner Gorin LLP at (818) 781-1570 or use our contact form.

What Is AB 379 and Why Was It Enacted?

AB 379 is a California law designed to crack down on sex trafficking and protect minors from sexual exploitation. It increases penalties for soliciting minors and loitering to buy sex in order to deter offenders, hold them accountable, and support trafficking victims.

State legislators passed this bill as a direct response to rising concerns regarding human trafficking and the commercial sexual exploitation of children in California.

Lawmakers and advocacy groups identified gaps in previous legislation that they believed allowed offenders to escape significant punishment.

Legislative Context and Purpose

In recent years, California has grappled with how to best address prostitution and human trafficking. Previous legislation, such as Senate Bill 357, repealed laws criminalizing loitering with the intent to engage in prostitution.

While the intent was to reduce police profiling, critics argued it hampered law enforcement's ability to intervene in trafficking situations.

AB 379 was enacted to swing the pendulum back towards stricter enforcement by amending the language of Penal Code 647.

It reinstates penalties for loitering with the intent to purchase sex and, more critically, enhances the penalties for soliciting minors. It also increases certain fines related to human trafficking and directs that these fines go into a fund established to support survivors.

Is It Now a Felony in California to Solicit a Minor?

Yes, in certain situations. Under AB 379, soliciting a minor for sex can now be charged as a felony if:

The person solicited is 16 or 17 years old; and
The perpetrator is at least 3 years older than the person solicited.

Note that under SB 1414, passed a year earlier, the law had already made it a "wobbler" offense to solicit a minor under age 16, enabling prosecutors to charge it as a felony.

With the passage of AB 379, that provision is extended to include 16- and 17-year-olds, provided there is a three-year "age gap" between the solicitor and the person solicited.

This "age gap" provision is particularly important. It means that a 21-year-old soliciting a 17-year-old would face felony charges, whereas a 19-year-old might face misdemeanor charges for the same act (though still a serious offense).

This distinction aims to target adult predators rather than peers involved in illicit activities.

Other Provisions of AB 379

AB 379 includes several additional measures aimed at combating human trafficking and supporting survivors. These provisions reflect a comprehensive approach to addressing the systemic issues that enable trafficking and exploitation. They include:

Increased fines for businesses and establishments that fail to comply with human trafficking notice requirements. Key locations such as airports, bus stations, truck stops, and hotels are mandated to display notices providing information on human trafficking and resources for victims. Under AB 379, fines for non-compliance have doubled: first offenses now incur a $1,000 penalty, and subsequent violations carry a $2,000 fine.
Higher fines on hotels found to have acted with reckless disregard for evidence of human trafficking on their premises. Penalties for such violations have been significantly increased, with finesup to $15,000 for repeat offenses. These measures are designed to hold businesses accountable and encourage proactive efforts to identify and report trafficking activities.

Increased Legal Stakes for the Accused

For individuals accustomed to viewing solicitation as a relatively minor offense, the reality of AB 379 can be shocking. The elevation to felony status fundamentally changes the stakes for the accused.

Making solicitation of individuals aged 16-17 a "wobbler" offense allows the prosecutor to charge it as either a misdemeanor or a felony, at their discretion.

Factors influencing this decision include the defendant's criminal history and the specific circumstances of the case.

Because AB 379 allows for felony charges, prosecutors now have significant leverage. They may file felony charges to pressure defendants into plea deals, or they may pursue the maximum penalty to make an example of the accused.

This discretion makes early legal intervention vital. An experienced attorney can often negotiate with prosecutors before charges are formally filed to advocate for a misdemeanor filing or a complete rejection of the case.

What Is the Penalty for a Felony Conviction Under the New Law?

If you're convicted of a felony under the new provisions of AB 379, you could be:

Sentenced to state prison for 16 months, 2 years, or 3 years; and
Given a mandatory fine of $1000.

The fine itself is not merely a penalty; it is deposited into the newly established Survivor Support Fund, which finances grants for community-based organizations serving victims of sex trafficking.

While the intent is to aid victims, for the defendant, this imposes an additional financial burden on an already costly legal battle.

As an additional provision, if a court grants you probation instead of a prison sentence, you will be legally required to complete a dedicated education program regarding human trafficking and the exploitation of children.

What Other Consequences Could I Face?

A felony conviction in California can affect your employment and housing prospects, prevent you from owning a gun, and, in the case of some sex crimes, require you to register as a sex offender.

Beyond the immediate threat of prison and fines, a felony conviction carries "collateral consequences"—additional penalties that last a lifetime. These barriers can dismantle a person's personal and professional life long after a sentence is served.

Employment: Many employers automatically disqualify applicants with felony records. Licensed professionals—such as doctors, lawyers, teachers, and nurses—face the immediate suspension or revocation of their professional licenses.
Housing: Landlords often conduct background checks and may deny housing to those with felony convictions.
Civil Rights: A felony conviction results in the loss of certain civil rights, most notably the right to own or possess a firearm. In some cases, it can also impact voting rights while incarcerated or on parole.

Will I be Required to Register as a Sex Offender for Soliciting a Minor?

It depends. A felony conviction could trigger mandatory sex offender registration under the right circumstances.

Being charged with misdemeanor solicitation does not typically require registration. However, being charged with a felony could change things.

While AB 379 doesn't specifically address the sex offender registration requirement, if you're convicted of felony solicitation under PC 647, you could be subject to mandatory sex offender registration under Penal Code 290 if:

The person solicited was under the age of 16; or
The person solicited was aged 16-17, and you're convicted of an additional qualifying offense, such as indecent exposure or lewd acts with a minor.

What Legal Defenses Are Available for Soliciting a Minor?

A good California criminal defense attorney can defend against criminal charges of illegal solicitation of a minor using such strategies as:

Proving a lack of knowledge or intent on your part;
Challenging the credibility of witnesses; or
Demonstrating entrapment (if your arrest was part of a sting operation, for example).

Our legal system presumes innocence, and the burden of proof rests entirely on the prosecution. A strategic defense team can identify weaknesses in the government's case to secure a dismissal, acquittal, or favorable plea bargain.

Challenging the Prosecution's Case

To secure a conviction, the prosecution must prove every element of the crime "beyond a reasonable doubt." Defense strategies often focus on dismantling these elements, such as:

Lack of Knowledge: A central defense in solicitation cases involving minors is the defendant's knowledge of the minor's age. If the defendant reasonably believed the person solicited was an adult—perhaps because the minor used a fake ID or appeared significantly older—this can be a powerful defense against the felony enhancement (although you may still face misdemeanor charges for solicitation.
Lack of Intent: Solicitation requires specific intent. The prosecution must prove you intended to engage in a lewd act for compensation. Mere conversation or joking, without the specific intent to complete the transaction, is not a crime.
Witness Credibility: In many cases, the prosecution relies on the testimony of law enforcement officers or the solicited individual. Thorough cross-examination can reveal inconsistencies, bias, or motives to lie, effectively impeaching their credibility.
Entrapment: Law enforcement often uses "sting" operations to catch offenders. However, police conduct has limits. If an officer induces a normally law-abiding person to commit a crime they otherwise would not have committed—through harassment, flattery, or overwhelming pressure—this constitutes entrapment. Entrapment is a complete defense to the charge.

Example

Consider a scenario where a defendant is arrested during an online sting operation. The police pose as a 17-year-old online. The defendant engages in a conversation.

A skilled defense attorney might argue:

Factual Impossibility/Lack of Knowledge: The profile used by police did not clearly indicate age, or the language used was ambiguous.
Entrapment: The undercover officer initiated the sexual nature of the conversation and persisted after the defendant tried to end it.
No Overt Act: While there was a conversation, the defendant never took a "substantial step" (like traveling to a meeting location or withdrawing money) to complete the crime.

By attacking the case from multiple angles, the defense creates reasonable doubt, making it difficult for a jury to convict.

Why Do I Need a Good Criminal Defense Team?

Solicitation cases can be complex, and with the passage of AB 379, the stakes are now even higher.

They involve the intersection of new statutory language, complex search-and-seizure laws (especially regarding digital evidence), and high emotional stakes.

Only with a skilled criminal defense team can you hope to avoid the worst outcomes. At Eisner Gorin LLP, our attorneys are highly skilled, knowledgeable, and experienced in cases like these.

Navigating Complex, High-Stakes Litigation

When exposure is serious and complexity is high, you need a firm structure optimized for defense. These are not traffic tickets; they are felony allegations that threaten your freedom and future.

We understand the nuances of sex crime statutes and have experience negotiating with prosecutors who handle these sensitive cases.

The Value of a Multi-Lawyer Approach

Our firm employs a team model. We do not rely on a single perspective. Instead, we utilize a multi-lawyer review process for complex cases.

This means multiple legal experts analyze your case to ensure every potential defense strategy is explored. One attorney might specialize in digital evidence suppression, while another excels in negotiation or trial advocacy.

Comprehensive Representation at All Stages

Effective defense begins the moment you suspect you are under investigation. Waiting for charges to be filed can be a critical mistake.

Pre-Filing Intervention: We often contact law enforcement and prosecutors before charges are filed to present exculpatory evidence. In some cases, this can prevent charges from ever being filed ("DA Reject").
Arraignment and Bail: We fight for your release on your own recognizance or for a reasonable bail amount, allowing you to aid in your own defense from outside a jail cell.
Discovery and Investigation: We conduct our own independent investigation, hiring private investigators to interview witnesses and analyze evidence.
Negotiation and Trial: We are skilled negotiators who can secure favorable plea deals when appropriate, but we are also trial-ready attorneys prepared to defend your innocence before a jury.

The enactment of AB 379 is a key change in California law. Soliciting a minor is no longer a low-level offense; it is a felony charge with the potential to destroy your livelihood, reputation, and freedom.

The enhanced penalties, mandatory fines, and potential for sex offender registration make these allegations quite serious.

However, with the right legal team, you can challenge the evidence, assert your rights, and fight for a favorable outcome. Do not leave your future to chance or rely on inexperienced counsel.

Contact our experienced criminal defense attorneys today at (818) 781-1570 or use our contact form for a confidential case evaluation.

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