Senate Committee Substitute

SCS/SB 792 - This act modifies various provisions regarding the offense of prostitution.

The act provides that being under the age of eighteen and acting under the influence of an agent is an affirmative defense to the prosecution of the offense of prostitution.

This provision is substantially similar to a provision in the truly agreed to and finally passed version of SB 793 (2018).

The act raises the offense of patronizing prostitution from a Class A misdemeanor to a Class E felony when the individual who the offender patronizes is less than eighteen but more than fourteen years of age, and raises the offense of patronizing prostitution from a Class E felony to a Class D felony when the individual who the offender patronizes is fourteen years of age or younger.

Any person convicted of patronizing a prostitute, when the person patronized is under the age of eighteen, is required to register as a sex offender.

These provisions are identical to provisions in HB 1526 (2018), HB 1628 (2018), and the truly agreed to and finally passed version of SB 793 (2018).

The act raises the penalty for promoting prostitution in the first degree of a person under the age of sixteen from a class B felony to a felony punishable by a term of imprisonment no less than ten years and no more than fifteen years.

This act raises the penalty for promoting prostitution of a person of age sixteen or age seventeen to the offense of second degree prostitution, a Class D felony.

These provisions are identical to provisions in the truly agreed to and finally passed version of SB 793 (2018).

This act creates a process to expunge the criminal records of persons who have pled guilty to, or been convicted of, the offense of prostitution while under the influence of an agent. The act provides that, upon the determination of the court that the person was acting under the influence of an agent when he or she committed the offense of prostitution, the person's criminal record relating to the offense of prostitution shall be expunged.

These provisions are identical to provisions in the truly agreed to and finally passed version of SB 793 (2018) and substantially similar to SCS/SB 341 (2017) and to provisions in SB 344 (2017).

JESSI JAMES


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