Sexual Assault

AB 860 Closes a Loophole Allowing Some Offenders to Be Prosecuted for Lesser Offenses

On April 7, the Assembly Public Safety Committee voted unanimously to approve legislation which closes a loophole in state sexual assault law. Assembly Bill 860, by Assemblymember Tom Daly (D – Anaheim), ensures that Californians are protected from sexual predators that provide professional services, such as doctors, chiropractors, massage therapists and others in positions of trust.

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“Professional service providers who sexually assault their clients during the course of a treatment session are usually charged with a felony,” Daly said. “However, under certain circumstances, California law only allows particular offenders to be charged with misdemeanor sexual battery.

“AB 860 fixes the law so the punishment fits the crime, and is aligned with other similar offenses,’ Daly added.

The bill, which is supported by the Orange County District Attorney’s Office and the California District Attorneys’ Association, next moves to the Assembly Appropriations Committee for further consideration.

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