California state Senator Scott Wiener, a leading candidate to succeed Nancy Pelosi in San Francisco’s congressional district, faced sharp criticism over amendments to a proposed state law aimed at barring sex offenders from holding elected office. The legislation, AB 2691, was scrutinized during a hearing in Sacramento on Tuesday due to provisions that carve out certain sexual acts involving minors from the definition of felony sexual assault.
The bill seeks to prevent individuals convicted of felony sexual assault or human trafficking from seeking office. However, Wiener’s amendments exclude from the definition of sexual assault specific acts—including sodomy, oral copulation, and sexual penetration—with minors under the age of 18. These exemptions also apply to cases involving individuals over 21 engaging in sexual acts with persons under 16, which are typically classified as felonies.
Critics expressed disbelief at the scope of these carve-outs. Greg Burt, vice president of the California Family Council, described the exceptions as shocking during testimony, questioning why crimes against children were being excluded from the bill’s protections. Similarly, David Bolog of the Serving Family Values Alliance stated that the bill’s current language runs counter to the apparent intent of the legislation and prompted his organization to oppose it.
The legislation emerged amid heightened public concern following a case in Fresno where a convicted child sex offender, Rene Campost, attempted to run for city council, and separate allegations against former Representative Eric Swalwell, who faced accusations of sexual misconduct. These incidents have spurred lawmakers to consider stricter measures to prevent sex offenders from holding elected positions.
Wiener defended the amendments, emphasizing the need to avoid unfairly penalizing young adults close to the age of majority. According to Wiener’s office, the exceptions were introduced to prevent situations such as an 18-year-old having consensual relations with a 17-year-old, which under existing law might classify as a felony but are typically treated as misdemeanors. Wiener asserted that no felonies were removed from the bill’s scope and argued that the state’s sex offender registry disproportionately affects gay men, highlighting the difficulty of removal from the registry.
On Tuesday, Wiener also voiced opposition to a separate bill, AB 2753, which aimed to bar registered sex offenders from running for office but ultimately did not pass the state senate’s elections committee.
The debate centers on balancing protections for children and victims of sexual crimes with concerns about overreach and fairness in criminal statutes related to consensual acts among youths near the age of consent. The outcome of AB 2691 remains uncertain as lawmakers continue to navigate these contentious issues ahead of upcoming elections.