The provision of the bill that is the subject of this analysis would amend the Penal Code by increasing the punishment of knowingly soliciting a minor to meet with the intent to have sexual intercourse from a felony of the third degree to a felony of the second degree.  If the minor is younger than 14 years of age or the individual believes the minor to be younger than 14 years of age the bill would increase the punishment for 1) online solicitation of a minor with the intent to arouse or gratify by communicating with a minor in a sexually explicit manner or distributing sexually explicit material to a minor from a state jail felony to a felony of the third degree, and 2) knowingly soliciting a minor to meet with the intent to have sexual intercourse from a felony of the second degree to a felony of the first degree.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prisons.  In fiscal year 2006, less than ten offenders were admitted to and released from prison for online solicitation of a minor to meet with the intent to have sexual intercourse.  In fiscal year 2006, less than ten offenders were placed on community supervision for online solicitation of a minor to meet with the intent to have sexual intercourse.  Assuming the same number of offenders in future years, implementation of the bill is not expected to have a significant impact on criminal justice populations.