THE LAW

The California State Legislature is now considering bills and amendments to existing bills concerning that nebulous individual, "the sex offender." On the whole, these frantic documents further endanger the rights of California citizens regardless of sexual leaning. Two, however, seem to define the criminal deviant better than heretofore. Assembly Bills 483 and 705 contain proposed changes in the heading of Chapter 4 of Part One of Division 6 of the Welfare and Institutions Code. These changes would make more specific the definition of what constitutes a sex offender:

"5500. As used in this chapter 'Aggressive, Dangerous, Sexual Deviant' means any person who is so affected, in a form predisposing to the commission of sexual offenses, the nature of which directs his sexual attention to children under the age of 14, or who uses force and violence or undue cruelty to achieve his sexual objectives, and thus constitute him a menace to the health and safety of others with any of the following conditions."

There follows a listing that includes mental disease or disorder, psychopathic personality, marked departure from normal mentality and on. Although the average homosexual could still be squeezed into such a vague category as "psychopathic personality," the general tenor of the proposed change modifies greatly the present broad definition. It can be noted, wryly perhaps, that the above term "undue cruelty" implies an opinion in its writers' minds that there is a cruelty which is not objectionable. Here is stuff for long jury deliberations.

The reason for setting the age at 14 is open to question in view of the fact that there have been found to be a great number of aggressive and seasoned prostitutes of both sexes ranging from that age to eighteen. In this sense, they can hardly be classified as tender juveniles made delinquent by those upon whom they prey although society is certainly basically responsible.

Another bill with a positive approach is 1861. In view of the fact that the ordeal of a trial can be of such an emotional shock to the child involved, this suggested remedy comes as progressive legislation for the accusing minor as well as the accused who might be innocent. With this, are Bills 1866 and 3449 which amend the existing Penal Code. It would appear that they are sound in intent and are very real efforts to bring rational procedure into an atmosphere where prejudice and terror now reign. It is urged that readers interested in their own legal welfare study these proposals and advise their state representatives to make them law.

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