- Andrew Kehoe
- Director of Communications
- (661) 381-6957
- andrew.kehoe@asm.ca.gov
(Sacramento, CA) April 3, 2024 – In a significant step toward strengthening protections for children, the Assembly Public Safety Committee has unanimously approved legislation to nearly triple the penalty against criminals convicted of torturing a child. Assemblymember Dr. Jasmeet Bains (D-Delano) put forward this critical legislation after learning that the penalty for torturing a child can be as little as 7 years in prison. Her legislation, Assembly Bill 1094, ramps up the minimum penalty to a minimum of 20 years with the possibility of life in prison.
Under existing law, individuals convicted of torture can be eligible for parole after just 7 years, with no consideration for the age of their victim. AB 1094 nearly triples the minimum penalty, recognizing the particularly egregious nature of child torture and the profound lasting harm inflicted upon young victims.
“The current law is failing victims,” said Dr. Bains. “In some cases, these kids must begin to prepare for their torturer’s parole hearing while they are still children. The trauma they have endured is lifelong, and the penalties must reflect the gravity of the crime.”
AB 1094 has garnered strong support from law enforcement agencies – including the California District Attorneys Association, the California Association of School Police Chiefs, the California State Sheriffs Association, and the California Narcotic Officers Association.
Orange County District Attorney’s Office, in a statement of support, highlighted the devastating impact of child torture cases, pointing to real-life instances where perpetrators received minimal prison time despite causing irreversible harm to their victims.
“10-year-old Natalie F. was hogtied and thrown into ice baths or burned, she was zip tied to furniture and starved for months by her stepmother, who was ultimately sentenced to 7-life for the torture,” reads their letter in support of AB 1094. “Natalie endured 17 surgeries to recover the use of her legs and is permanently disfigured. Parole after 7 years just isn’t enough. Torture involves cruelty, suffering, a sadistic intent, and severe injury… strengthening consequences for those who inflict such severe trauma on children is a necessary step towards protecting our most vulnerable and ensuring accountability for perpetrators of these egregious offenses.”
In highlighting the hypocrisy of the current law, the California District Attorneys Association wrote in their letter of support, “Other sections of the Penal Code already impose enhanced penalties for crimes committed against children, and the crime of torture should be no different. Increasing the penalty for child torture…would better align the punishment with the severity of the crime and the moral gravity of targeting the most defenseless members of society.”
“I have firsthand experience treating the impacts of physical and psychological abuse and torture inflicted on children in Kern,” said Dr. Bains. “Torture can take decades to recover from, and in some cases, victims never fully recover. It is appalling that our current law punishes what is considered a war crime so lightly.”
With the unanimous approval by the Assembly Public Safety Committee, AB 1094 now moves forward for consideration by the Assembly Appropriations Committee in the coming weeks.
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Dr. Jasmeet Bains represents the 35th Assembly District in Kern County, including the cities of Bakersfield, Delano, Wasco, Arvin, Shafter, and McFarland.