No On Prop 35-Stephen Munkelt of California Attorneys for Criminal Justice





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Published on Aug 18, 2012

Proposition 35 is irrational and flawed approach to the behavior it is trying to address. Its is irrational and unnecessary and is so badly written and over broad that its shocking. The flawed approach in Prop 35 is a basic simplistic notion that if you pass a law you solve a problem. The world is more complicated as California legislators have learned that imposing penalties and punishment isn't the best way to approach a problem.

Proponents of Prop 35 themselves admit that there are already laws in California and federal law already cover human trafficking its just that those laws might not be labeled human trafficking.

Prop 35 increases punishment and penalties and expands the definition of who will be required to register as sex offenders. Respectfully disagree with Legislative Analysis comment that Prop 35 only requires those related to sex crimes to register when Prop 35 states very clearly at least those convicted of extortion (518) which has no connection to sex or sexuality behavior or motivations will now be required to register as sex offenders under prop 35 and that's just crazy. So we have sex offenders who didn't commit a sex offense having to register as sex offenders is only one possibility under Prop 35.

Example of just how over broad prop 35 is: 18 year old boy buys movie date with 17 year old girl. They become romantic sharing a beer and he takes photograph of her breast saying he won't share it she consents. He is facing 15 to life under Prop 35 because he gave her something of value, movie date. Her consent is not a defense under prop 35, It's a coerced event because they had beer. He used fraud when he took photos of her breast and shared them.

We might think this scenario is unlikely, but that's how broadly prop 35 is written.
Prop 35 removes the defense of consent. They removed the requirement of force or fear defense. They've even removed anything related to sex to you can be convicted for having someone mow your lawn. And that will be challenged for its constitutionality. You can be convicted of human trafficking.

If voters pass these new laws, they are going to abused and misused and it will not accomplish what we all hoped it would which is that to address that harm that occurs in our community when people take advantage of others. Prop 35 will not address these complicated issue.

What prop 35 will do is regress to the exclusively punitive approach where in California we have 160,000 in prison under conditions that were so inhumane as to violate constitutional rights and the federal government has had to step in.

As much as we want to help people prop 35 is not the right way to do it.

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