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Relating to the reporting regarding, investigation of, prosecution of, criminal and civil penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses, to services and compensation available to victims of those offenses, and to orders of nondisclosure for persons who committed certain of those offenses.
The bill would have an indeterminate fiscal impact to the State from fines, fees, and
penalties due to the creation of new offenses for the online promotion of prostitution and
aggravated online promotion of prostitution and broadening of eligibility for orders of
nondisclosure to victims of trafficking. The number of convictions that would result from
these changes cannot be determined.
SB 20 would add destroying, concealing, confiscating, or
withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a
person, the person's actual or purported government records or identifying information or
documents to the definition of "coercion."
The bill would require judges to suspend sentences for Class B misdemeanor prostitution offenses and place the defendant on community supervision in certain circumstances unless the jury does not recommend community supervision. Specific parameters for carrying out this provision are stipulated.
The bill would revise and set forth procedures for nondisclosure of criminal history for certain victims of human trafficking or compelled prostitution.
The bill would create the offense of Online Promotion of Prostitution. If a person owns, manages, or operates an interactive computer
service with the intent to promote the prostitution of another person or facilitate another
person to engage in prostitution, then the offense is a third degree felony. If the actor has previously been convicted of the offense or the offense involves someone under 18 years of age, then it is a second degree felony.
The bill would also create the offense of Aggravated Online Promotion of Prostitution. If a person owns, manages, or operates an interactive computer service with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution, they commit this offense which is a second degree felony. The offense would be a first degree felony if the defendant has been previously convicted of this offense or the offense involves two or more people younger than 18 years of age regardless of whether the defendant knew the person's age.
SB 20 would create a civil cause of action for compelled prostitution, and the defendant could be liable for damages arising from the compelled prostitution if the defendant knowingly or intentionally engages in promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, or aggravated online promotion of prostitution that results in compelling the victim into prostitution. The bill would not allow for evidence of a victim's past sexual behavior to be admitted for prostitution related offenses.
Please note, this is a summary of major provisions of the bill, not an exhaustive section by section analysis.