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March 25, 2008
AB 2523 Runner Oppose (.doc 38K)
Dear FCL Supporter,
Usually, we think we can predict how legislators will vote on a particular bill. Occasionally, we are surprised how wrong our predictions can be. Today, I write to you because we were wrong, and we need your help to stop a very bad bill from advancing.
Assembly Bill 2523, by Sharon Runner, R., Lancaster, seeks to protect young people from predatory sex offenses by adults. Everyone agrees that sex offenses committed against young children are egregious and that we should take reasonable steps, especially in the internet age, to prevent them from happening.
The problem with AB 2523 is that it expands the net too wide. Virtually any communication between an adult and a minor that "lures" the minor to another location, could be criminalized if this poorly thought out bill becomes law. To illustrate, consider the following hypothetical scenario:
A young musician, age 17, seeking to join a rock band, places an advertisement on Craigslist describing his or her musical talents. The advertisement is answered by another musician age 21, or older, who invites the minor to attend an audition at a local music studio. Because the audition takes place late at night, the adult tells the minor "don't tell your mom!
Despite the lack of any criminal intent, if AB 2523 becomes law, the adult's behavior in the aforementioned example could be criminalized if prosecutors determine that there was an attempt to avoid parental consent. To our amazement, this bill easily passed the Assembly Public Safety Committee with support from five of six Democrats and the two Republicans on the committee.
FCL has long been concerned by the erosion of civil liberties in response to war, terrorism, perceived threat of communist takeover, or, in this case, fear of sex offenses committed against children. The challenge for a free society when responding to threats is to make measured responses which promote public safety while respecting fundamental rights and civil liberties. By simply amending the bill to include a provision that criminal intent be proven, we could protect our children without destroying our basic freedoms.
Once a bad law like this is on the books, there will likely be pressure to enhance the penalties in subsequent legislation.
TAKE ACTION NOW!
AB 2523 now moves to the Assembly Appropriations Committee. Please write to Assembly Member Mark Leno, Chair of the Assembly Appropriations Committee and urge him to reject AB 2523. (A copy of FCL's letter is attached.)
Please address your letters to:
Assembly Mark Leno
Chair, Assembly Appropriations Committee
State Capitol
Room 2114
Sacramento, CA 95814
Letters can be faxed to (916) 319-2181
Sincerely yours,
Jim Lindburg
Legislative Advocate
Friends Committee on Legislation
717 K St., Suite 500-B
Sacramento, CA 95814
(916) 443-3734
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