| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Vote No; Amend | Neutral | Neutral | Neutral | Negative | Neutral |
Relating to the offense of solicitation of prostitution and certain
other consequences of that offense; increasing a criminal penalty;
making conforming changes.
No significant fiscal implication to the State is anticipated.
HB 2795 would, among other things, increase the penalty for solicitation of prostitution from a Class A misdemeanor to a state jail felony. The previous conviction enhancement would also be increased from a state jail felony to a third-degree felony.
The maximum penalty for a Class A misdemeanor is a fine of up to $4,000 and/or up to one year in jail. A State Jail Felony carries a minimum of 180 days and a maximum of two years in jail, and a fine up to $10,000, plus all of the well documented collateral consequences of a felony conviction.
While we understand that the purpose of this legislation is to protect vulnerable people who may be selling sex not of their own free will, this bill uses an axe where a scalpel would be more appropriate. There are many adults who knowingly and willingly sell sex and the punishment for buying sex from them should not arise to the felony level, especially for a first offense. Escalating a first offense for solicitation to a felony in this case would be disproportionate to the offense.
HB 2795 would be improved by amending it such that the escalated penalty for a first time solicitation offense would be contingent on the defendant knowingly soliciting a minor or a person otherwise acting not of their own free will. With the adoption of such an amendment we would remove our objection to HB 2795.