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Last year, Gov. Jerry Brown signed into law Senate Bill 1322. It decriminalizes prostitution for minors by preventing law enforcement from arresting people under 18 for soliciting sex or loitering with intent to commit prostitution. Supporters of the law said it’s designed to treat children involved in prostitution as victims rather than as criminals.
It does nothing, however, to legalize commercial sex acts.
People caught having sex with minors, soliciting sex with minors or arranging clients for them can still be charged with crimes.
"The key is that the children involved are not liable, not that the conduct has been legalized," said Gabriel Chin, a criminal law professor at UC Davis School of Law, who analyzed the law upon our request.
Chin added that under the new law "child prostitution is treated just as, say, the production of child pornography is." Adults involved are subject to criminal prosecution, while the children, who are seen as victims, are not, he said.
Representatives for Allen did not respond to our questions.
Allen, who represents Orange County, told KQED public radio he rejects the criticism he’s received over the column.
"I don't care about any amount of legalistic spin that someone wants to put on it. When you decriminalize something, you legalize it," Allen said in the radio interview.
After his initial claim in the op-ed that "prostitution by minors will be legal," Allen adds some factual context in his second line by noting law enforcement can’t "arrest" underage workers for soliciting sex.
A few paragraphs later, however, he wrongly asserts that the new law means law enforcement can’t "interfere" with minors engaging in prostitution.
The law, in fact, includes provisions that officers who encounter these minors shall report the circumstances to the county child welfare agency as abuse or neglect. It also authorizes officers to take a minor engaged in a commercial sex act into temporary custody under some circumstances, including in the event of immediate physical danger or when medical care is needed.
Democratic state Sen. Holly Mitchell of Los Angeles, who authored Senate Bill 1322, responded on Twitter to the mischaracterizations of the law.
"I denounce false claims made by Republicans on my bill #SB1322 that decriminalizes sexually exploited minors," she wrote. "I proudly authored SB 1322 to protect minor victims of human sex trafficking from being further charged as criminals for commercial sexual exploitation."
"This notion, perpetuated by Assemblymember Travis Allen (R-Huntington Beach), that my bill legalizes prostitution and commercial sex for minors is categorically untrue," she added. "It remains unlawful for a person under the age of 18 to consent to sexual intercourse in the State of California and the law remains in effect and is not changed with the implementation of my bill."
California state Sen. Holly Mitchell responded to Allen's claims on Twitter.
The Sacramento Bee’s fact-checking team PoliGRAPH also examined Allen’s op-ed. It described it as a "misleading column" and rated its assertions "False."
California state Assemblyman Travis Allen claimed in a recent column that "Beginning on Jan. 1, prostitution by minors will be legal in California."
His claim profoundly distorts a new state law that treats minors engaged in commercial sex acts as victims, but does nothing to legalize prostitution.
Young people under age 18 who solicit sex won’t be arrested and sent to juvenile hall. Instead, officers will have the option of taking them into temporary custody if they are in immediate danger or need medical attention. It also says officers shall report the circumstances of minors engaged in prostitution to the county child welfare agency as abuse or neglect.
The law does nothing to change the fact that it is illegal to have sex with minors, solicit prostitutes or arrange clients.
Allen’s specific claim, and the column in general, is grossly misleading.
We rate Allen’s claim Pants On Fire.
PANTS ON FIRE – The statement is not accurate and makes a ridiculous claim.
Click here for more on the six PolitiFact ratings and how we select facts to check.
Prostitution Laws in California.
In California, it is a crime to buy or sell sex for money. A person commits the crime of prostitution by:
participating in any sex act in exchange for money or anything else of value agreeing to participate in a sex act for money, or soliciting sex in exchange for money.
California punishes prostitution under its disorderly conduct statute. The disorderly conduct law applies equally to prostitutes and “johns.”
A person can be convicted of disorderly conduct based on an agreement to engage in prostitution only if he or she does some act towards committing prostitution. For example, a person cannot be convicted of this crime based on a mere agreement to sell sex for money, but if the person also got into the car of the individual who offered money for sex (or allowed the person who offered sex for money into his or her car), that could be considered disorderly conduct.

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A few days after Molotov’s departure, on 18 November, King Boris of Bulgaria arrived in Germany, Hitler tried to persuade him to join the Tripartite Fact and discussed with him the question of Bulgarian participation in the attack on Greece, with obvious reserve, the king merely called attention to the fact that the weather and road conditions in the Greek-Bulgarian border region would not allow for the commitment of major forces before the beginning of March. Moreover, he emphasized very strongly that it was of utmost importance for Bulgaria not to be openly involved in any German preparations until the last moment before the actual attack. Since Bulgaria’s participation therefore appeared doubtful, Hitler decided that the number of German divisions would have to be increased.
In view of the appearance of British troops in Greece, the .establishment of a German warning net in Bulgaria was of vital importance. The Bulgarian Government agreed to admit to its territory one Luftwaffe signal company consisting of 200 men, dressed in civilian clothes, who were to operate an aircraft reporting and warning service. The Luftwaffe, however, first asked permission to dispatch two companies, then a few days later increased this figure to three companies, because incoming reports indicated that the British were constructing air bases on the Greek mainland and the Aegean islands and were bringing in a steadily increasing number of long-range bombardment planes. The German negotiations with the Bulgarian military authorities made little progress because of the adverse effect of the reverses suffered by the Italians in Albania. By the end of 1940, however, an agreement was reached, and by mid-January all three Luftwaffe signal companies, their personnel disguised in civilian clothes, were operating on the mountain range which extends across Bulgaria.
Hitler promised early compliance with these requests in order to obtain in return some concessions from the Bulgarian Government. One concession was the permission to send a joint military mission, composed of officers from all three services who v/ere to travel through Bulgaria disguised as civilians. Upon returning to Germany, the chief of the mission reported that, in view of the inadequate billeting facilities, the poor condition of roads and bridges, the limited supply of rations, fodder, combustibles, and motor fuel, as well as the absence of reliable maps, operations launched in the Balkans during the wet and cold seasons presented problems that were difficult, though not insurmountable. If appropriate measures, such as improving the roads, reinforcing the bridges, equipping the troops with light motor vehicles and snowplows, employing more German transportation experts, and preparing better maps, were introduced, the attack could be launched even in winter. Since it was generally assumed that major military operations in the Balkans were not practicable. In winter it would be all the easier to camouflage Operation MARITA, inasmuch as nobody would believe that the Germans were feverishly planning and preparing an operation for that time of the year. As an initial step, Bulgaria should permit the entry of a mission of technical experts, whose presence would be kept secret. The mission was to supervise the improvement of the road net and bridges by indigenous labor forces and got acquainted with local conditions, especially those pertaining to the weather.
On 9 January Hitler approved these suggestions and agreed that the first Gorman elements should cross the Danube as soon as the ice on the river could carry them. It was expected that the crossings could be effected between 10 and 15 February. By that time the Luftwaffe was to have assembled sufficient forces to provide adequate air cover. The concentration of fore 3 for Operation MARITA wa-s to be accomplished by 26 March. At that time the Italians were to pin down the maximum number of Greek forces in Albania so that only a relatively few Greek divisions would block the German thrust toward Salonika. Bulgaria was to be approached about billeting facilities for the first Gorman elements to arrive south of the Danube.
After issuing these instructions, Hitler evaluated the overall situation in the Balkans. In his opinion Romania was the only friendly and Bulgaria the only loyal country on which the Axis Powers could rely. King Boris’s hesitations in joining the Tripartite Pact were regarded as motivated only by fear of the Soviet Union, whose apparent aim it was to use Bulgaria as an assembly area for an operation leading to the seizure of the Bosporus. The greater the pressure applied by the Russians, the more likely was Bulgaria’s adherence to the Tripartite Pact, Yugoslavia maintained a reserved attitude toward the Axis powers; the leaders of that country wanted to be on the winning side without having to take any active part and were therefore playing for time.
During the conferences between Hitler and Mussolini, which took place from 18 to 20 January, the Italians were fully informed about the imminent march into Bulgaria and the intended attack on Greece. On 20 January, during a review of the overall political and military situation, Hitler stated that three objectives were to be stained by the strategic concentration of German forces in Romania. First, an attack was to be launched against Greece. So as to prevent the British from gaining a foothold in that country. Second, Bulgaria was to be protected against an attack by the Soviet Union and Turkey. Third, the inviolability of Romanian territory was to be guaranteed by the presence of Gorman forces. Each of these objectives required the formation of specific contingents of troops, and it was therefore necessary to employ very strong forces, whose assembly would take considerable time. Since it was highly desirable to effect this assembly without enemy interference, the German plans must not be revealed prematurely. For this reason the crossing of the Danube must be delayed as long as possible and, once it was executed, the attack on Greece must bo launched at the earliest moment. In all probability, Turkey would remain neutral, which would be most desirable since the consequences of Turkey joining Great Britain and placing its airfields at the latter’s disposal could be quite unpleasant. Romania’s internal situation was not fully clarified, but Hitler felt confidence that General Antonescu would be capable of keeping it in hand. During a conference between Gen. Alfredo Guzzoni, the Italian Assistant Secretary of War, and Field Marshal Keitel, which took place on 19 January, the latter gained the impression that, in view of the situation in Libya and Albania, the Italians would be unable to support the German attack on Greece. On the other hand, Guzzoni asked the Germans to abstain from sending troops to Albania as planned for Operation ALPENVEILCHEN. This German plan called for the transfer of ore mountain corps composed of three divisions, to Albania. Flanked by Italian troops, these forces were to break through the Greek front at a suitable point. The plan was finally-abandoned, and the Germans were thus able to concentrate their efforts on assembling forces for Operation MARITA.

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