California Senate Bill 145 (SB 145), which went into effect in September 2020, generated significant public controversy, much of it fueled by misinformation. Some viral posts and even a sitting State Senator falsely claimed the law would allow a 24-year-old to have sex with a 14-year-old and avoid a felony conviction or sex offender registration. That’s not what the law does—and such misinformation distorts a very specific legal adjustment that was made to promote fairness and end discriminatory practices.
At Carolyn L. Oliver | Criminal Defense Law Firm, we believe in educating the public with facts—not fear. Let’s set the record straight on what SB 145 actually changes, who it affects, and why it matters.
What Did SB 145 Actually Change?
SB 145 was designed to resolve unequal treatment under California’s sex offender registration laws and to reduce discriminatory impacts—particularly against members of the LGBTQ+ community.
Previously, California law gave judges discretion in certain statutory rape cases involving vaginal intercourse between a minor (ages 14–17) and an adult who was less than 10 years older. In those cases, a judge could decide whether or not the adult had to register as a sex offender based on the context of the relationship (for example, whether it was predatory in nature).
However, the law did not give judges that same discretion when the sexual conduct involved oral or anal sex. In those cases—often affecting LGBTQ+ individuals disproportionately—sex offender registration was mandatory, even if the age difference and circumstances were similar.
SB 145 corrected that disparity by allowing judges to use the same discretion across all forms of sexual conduct. The goal? Equal treatment under the law, regardless of sexual orientation or the specific type of consensual activity.
What SB 145 Does Not Do
To be absolutely clear, SB 145 does not decriminalize statutory rape. It does not change the age of consent (still 18 in California), nor does it make it legal for a 24-year-old to have sex with a 14-year-old. Here’s what it does not do:
- It does not legalize sex between adults and minors.
- It does not prevent a judge from requiring sex offender registration if warranted.
- It does not affect mandatory registration for cases involving force, coercion, or very young minors (under 14).
Judges still have full authority to require sex offender registration in any case involving a significant age gap, coercion, or concerns about the adult’s conduct.
Real-World Example
Let’s say a 19-year-old and their 17-year-old partner engage in consensual oral sex. Prior to SB 145, the 19-year-old would be required to register as a sex offender, even if the conduct wasn’t coercive or predatory. Now, with SB 145 in effect, the judge can evaluate the circumstances and decide whether registration is appropriate—just like they could before in cases involving vaginal intercourse.
This does not eliminate penalties. The 19-year-old could still face criminal charges. But the decision on lifetime sex offender registration is now based on judicial discretion rather than outdated legal technicalities.
Why SB 145 Matters
The core purpose of SB 145 is fairness. It ensures that people are treated equally under the law, regardless of their sexual orientation or the specific sexual act involved. The law reflects a broader effort in California’s legal system to protect minors while also ensuring that adults—especially young adults close in age—aren’t saddled with life-altering penalties in cases that don’t warrant it.
Need Legal Guidance on Sex Offense Charges in California?
If you or a loved one is facing allegations involving a sex crime—or simply want to understand how the law applies in your case—don’t rely on internet rumors or misleading headlines. Speak to a qualified criminal defense attorney.
At Carolyn L. Oliver | Criminal Defense Law Firm, we specialize in protecting your rights and future. We take the time to understand your case, explain your options, and aggressively defend you every step of the way.
📞 Call us today at (858) 456-3572 to schedule a confidential consultation.
The content of this article is for informational and marketing purposes only and does not constitute legal advice. Reading or using this blog does not establish an attorney-client relationship. No guarantees or predictions are made regarding any legal outcome.
