S.22.2-1: Prostitution is a Sin Act (PASSED)

[fhtagn]

PROSTITUTION IS A SIN ACT

TITLE I: DEFINITIONS

  
1. Adult Entertainer means a person who engages in any of the following professions, acts, or performances, for money or other valuable thing or consideration, regardless of if the person receives any money or other valuable thing or consideration on a particular instance:

   A. Producing, filming, directing, designing, editing, printing, distributing, selling, or acting in an obscene, pornographic, or otherwise sexualized film, video, photograph, magazine, or periodical.

   B. Producing, filming, directing, designing, editing, printing, distributing, selling, or acting in a film, video, photograph, magazine, or periodical featuring nudity or a state of undress or display of body parts with the intent of appealing to prurient interests.

   C. Producing, filming, directing, choreographing, distributing, selling, or engaging in a dance or other performance involving nudity or the sexualized stripping or removing of clothing with the intent of appealing to prurient interests.

   D. Producing, filming, directing, choreographing, distributing, selling, or engaging in any task, including but not limited to providing massages, waitressing, or bartending while in a state of nudity or undress with the intent of appealing to prurient interests.

   E. Producing, filming, directing, choreographing, distributing, selling, or engaging in a dance, song, or other performance involving nudity, partial nudity, sexualized dancing, sexualized statements, or other similar adult content, including but not limited to burlesque, cabaret, and drag.

   F. Selling or distributing any sexual toy or object with the intent of appealing to prurient interests.

   G. Owning or operating a place where adult entertainment is conducted.

2. Brothel means any location, facility, place, or room wherein prostitution is practiced. For purposes of this act, a massage parlor, bar, or theater that merely permits nudity or toplessness shall not constitute a brothel and no Regional, State, or local law enforcement in the Southern Region shall raid such place to enforce this act, except upon particularized evidence of an actual criminal violation.

3. Facilitating sex trafficking means:

   A. Facilitating, arranging, providing or paying for the transportation of a person with the intent of inducing the person to engage in prostitution in violation of this act or to enter any place in which prostitution is practiced, encouraged, or allowed for the purpose of sexual conduct or prostitution in violation of this act;

   B. Selling travel services that facilitate the travel of another person with the knowledge that the other person is traveling for the purpose of engaging in sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of this act;

   C. Traveling with the intent of engaging in sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of this act, with the knowledge that such a person has been induced to engage in such sexual conduct or prostitution;

   D. Placing another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or her or with any third person for purposes of prostitution, or who compels another person to reside in a brothel;

   E. Asking or receiving any compensation, gratuity, or reward, or promise thereof, for or on account of placing in a brothel or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;

   F. Giving, offering, or promising any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any brothel, or elsewhere, against the person’s will; or

   G. Decoying, enticing, procuring, or in any manner inducing a person to become a prostitute or to become an inmate of a brothel, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is a brothel; or

4. Pimp means a person who knowingly accepts, receives, levies, or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, or who lives with or accepts any earnings of a prostitute, or entices or solicits a person to go to a brothel to engage in sexual conduct with a prostitute.

5. Prostitute means a person who for a fee, monetary consideration or other thing of value engages in sexual acts for the purpose of arousing or gratifying the sexual desire of either person. For purposes of this act, the mere possession of condoms or other contraceptives shall not constitute evidence of being a prostitute.

6. Prostitution means engaging in sexual acts with another person in return for a fee, monetary consideration, or other thing of value. For purposes of this act, the consensual, non-penetrative touching or fondling of a licensed adult entertainer or a customer thereof shall not constitute prostitution.

TITLE II: PROSTITUTION CRIMES

1. It is hereby unlawful to facilitate sex trafficking. The crime of facilitating sex trafficking shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00 in all States and external territories of the Southern Region. Any person convicted of facilitating sex trafficking shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It is hereby unlawful to act or engage as a pimp. The crime of acting or engaging as a pimp shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00 where physical force or the threat thereof is involved or for no more than five (5) years and a fine of no more than $10,000.00 where no physical force or threats thereof are involved, in all States and external territories of the Southern Region. Any person convicted of being a pimp shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

3. It is hereby unlawful to engage in prostitution or solicitation therefor, except in a licensed brothel subject to all laws and regulations thereon. The crime of unlawfully engaging in or soliciting prostitution shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of unlawfully engaging in or soliciting prostitution on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. If any State operates a diversion program authorized by the Lee-Jackson-Davis Criminal Reform Act, in lieu of arrest, a law enforcement officer shall issue a citation and summons along with information that the prostitute or customer may be eligible for assignment to a pre-prosecution diversion program. If, at any time before the trial of a prostitute charged with a violation of this paragraph, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. If, at any time before the trial of a minor prostitute charged with a violation of this paragraph, the minor prostitute agrees to cooperate with the prosecution of another crime prohibited by this act, the prosecuting attorney shall dismiss the charge. Any person who is arrested or cited for a violation of this paragraph must submit to a test to detect exposure to the human immunodeficiency virus (HIV) as well as any other sexually-transmissible disease (STD) that may be tested for. Such test must be paid for by the violator and the results of such test must be transmitted to the violator within thirty (30) days. 

4. It is hereby unlawful to solicit for prostitution a law enforcement officer who is posing as a minor or a person who is assisting law enforcement by posing as a minor, provided such purported minor-status is known to the person so soliciting. The crime of soliciting a purported minor shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00, in all States and external territories of the Southern Region. Any person convicted of soliciting a purported minor shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

5. It is hereby unlawful to engage in or solicit prostitution while knowingly being infected with HIV or an STD. A person who works as a prostitute, or who solicits a prostitute, whether or not in a licensed brothel, after testing positive in a test for exposure to HIV or an STD and receiving notice of that fact is guilty of a felony and shall be punished imprisonment for no more than ten (10) years and a fine of no more than $25,000.00, in all States and external territories of the Southern Region. Any person convicted of engaging in or soliciting prostitution while knowingly being infected with HIV or and STD shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. The results of a positive test must be transmitted to any person with whom the violator has had sexual contact with during the likely period of infection within thirty (30) days of being known. 

6. It is hereby unlawful to:

   A. Own, operate, or advertise an unlicensed brothel;

   B. Let or rent any house, room, vehicle, or structure to any person, for any length of time whatever, to be kept or used for the purposes of prostitution; or

   C. Own, lease, operate, control, or manage any business or private property while knowing that illegal prostitution is more likely than not being conducted at the business or upon such private property and failing to take reasonable steps to abate such illegal prostitution within thirty (30) days after the date on which the person knows the circumstances set forth. Reasonable steps to abate such illegal prostitution include filing a report of such illegal prostitution with a law enforcement agency, allowing a law enforcement agency to conduct surveillance or an unrestricted undercover operation, promoting ongoing education about such illegal prostitution for employees, or using any other available legal means to abate such illegal prostitution.

The crime of owning or operating an unlicensed brothel shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of owning or operating an unlicensed brothel on three (3) separate occasions within a five (5) year period shall be subject to seizure and forfeiture of the unlicensed brothel, be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

7. It is hereby unlawful to act as or engage as an adult entertainer without a license. The crime of acting as an unlicensed adult entertainer shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of acting as an unlicensed adult entertainer on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

TITLE III: BROTHELS AND LEGAL PROSTITUTION

1. The Regional government shall license prostitutes as well as brothels, wherein prostitution by licensed prostitutes may be legally practiced, subject to the following requirements:

   A. Any State or local government that so chooses, may legally opt-out of allowing brothels. No license shall be issued to a brothel located in a jurisdiction that has opted out of allowing brothels.

   B. Licenses for individual prostitutes as well as for brothels, shall last one (1) year and then expire. License applications must be submitted annually, accompanied by a processing fee of $500.00.

   C. No brothel license shall be issued to any brothel located within 1,000 yards of a residential neighborhood, school, daycare, library, or church or other place of religious worship.

   D. All licensed brothels must submit to biannual inspections by local or State health and building code officials.

   E. All licensed brothels must maintain a registry of every prostitute working withing the brothel each day as well as the identity of any customer of the brothel with whom the prostitute has sexual contact with.

   F. All licensed prostitutes must submit to weekly testing for HIV and other STDs, paid for by the brothel at which they are working. The positive results of any such test shall be promptly reported to the prostitute and to the Regional licensing authority. The results of a positive test must be transmitted to any person with whom the prostitute has had sexual contact with during the likely period of infection within thirty (30) days of being known. If it is discovered that a prostitute has not strictly complied with HIV and other STD testing required by this act, and such prostitute infects a customer with HIV or another STD, then such customer shall be entitled to sue for damages in civil court. 

   G. All licensed prostitutes must require the use of condoms during any act of prostitution involving penile penetration or emission.

   H. All licensed prostitutes are prohibited from engaging in prostitution with a minor present or advertising prostitution to a minor.

   I. All licensed prostitutes and all licensed brothels are subject to an annual tax of 15% on all earnings.

TITLE IV: ADULT ENTERTAINERS

1. The Regional government shall license adult entertainers, subject to the following requirements:

   A. Licenses for adult entertainers shall last one (1) year and then expire. License applications must be submitted annually, accompanied by a processing fee of $500.00.

   B. No licensed adult entertainer shall be permitted to engage in such activity in a public place within 1,000 yards of a residential neighborhood, school, daycare, library, or church or other place of religious worship. For purposes of this paragraph, private residences and places that prohibit the admission of minors shall not constitute a public place.

   C. All licensed adult entertainers are prohibited from engaging in adult entertainment with a minor present or advertising adult entertainment to a minor.

   D. All licensed adult entertainers are subject to an annual tax of 15% on all earnings.

TITLE V: ENACTMENT

1. This act shall take effect six (6) months from the date of passage.

Sponsor: fhtagn

[Mr. Reactionary]

This is a good compromise bill that allows opts outs for any state or locality but permits licensed, regulated, and taxed prostitution in regulated brothels only and outlaws pimps. It also licenses, taxes, and regulates adult entertainers that maybe dont go full hooker but are still basically selling sexuality. This doesnt violate free speech. I think its a fair middleground.

[President Punxsutawney Phil]

This is a good bill.

[fhtagn]

If no one has anything to add, motioning for a final vote. 24 hours for objections.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[Senator-elect Spark]

Aye

[UlmerFudd]

Aye

[reagente]

aye

[President Punxsutawney Phil]

Aye

[fhtagn]

Aye

[fhtagn]

Since everyone has voted, the bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

PROSTITUTION IS A SIN ACT

TITLE I: DEFINITIONS

  
1. Adult Entertainer means a person who engages in any of the following professions, acts, or performances, for money or other valuable thing or consideration, regardless of if the person receives any money or other valuable thing or consideration on a particular instance:

   A. Producing, filming, directing, designing, editing, printing, distributing, selling, or acting in an obscene, pornographic, or otherwise sexualized film, video, photograph, magazine, or periodical.

   B. Producing, filming, directing, designing, editing, printing, distributing, selling, or acting in a film, video, photograph, magazine, or periodical featuring nudity or a state of undress or display of body parts with the intent of appealing to prurient interests.

   C. Producing, filming, directing, choreographing, distributing, selling, or engaging in a dance or other performance involving nudity or the sexualized stripping or removing of clothing with the intent of appealing to prurient interests.

   D. Producing, filming, directing, choreographing, distributing, selling, or engaging in any task, including but not limited to providing massages, waitressing, or bartending while in a state of nudity or undress with the intent of appealing to prurient interests.

   E. Producing, filming, directing, choreographing, distributing, selling, or engaging in a dance, song, or other performance involving nudity, partial nudity, sexualized dancing, sexualized statements, or other similar adult content, including but not limited to burlesque, cabaret, and drag.

   F. Selling or distributing any sexual toy or object with the intent of appealing to prurient interests.

   G. Owning or operating a place where adult entertainment is conducted.

2. Brothel means any location, facility, place, or room wherein prostitution is practiced. For purposes of this act, a massage parlor, bar, or theater that merely permits nudity or toplessness shall not constitute a brothel and no Regional, State, or local law enforcement in the Southern Region shall raid such place to enforce this act, except upon particularized evidence of an actual criminal violation.

3. Facilitating sex trafficking means:

   A. Facilitating, arranging, providing or paying for the transportation of a person with the intent of inducing the person to engage in prostitution in violation of this act or to enter any place in which prostitution is practiced, encouraged, or allowed for the purpose of sexual conduct or prostitution in violation of this act;

   B. Selling travel services that facilitate the travel of another person with the knowledge that the other person is traveling for the purpose of engaging in sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of this act;

   C. Traveling with the intent of engaging in sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of this act, with the knowledge that such a person has been induced to engage in such sexual conduct or prostitution;

   D. Placing another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or her or with any third person for purposes of prostitution, or who compels another person to reside in a brothel;

   E. Asking or receiving any compensation, gratuity, or reward, or promise thereof, for or on account of placing in a brothel or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;

   F. Giving, offering, or promising any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any brothel, or elsewhere, against the person’s will; or

   G. Decoying, enticing, procuring, or in any manner inducing a person to become a prostitute or to become an inmate of a brothel, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is a brothel; or

4. Pimp means a person who knowingly accepts, receives, levies, or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, or who lives with or accepts any earnings of a prostitute, or entices or solicits a person to go to a brothel to engage in sexual conduct with a prostitute.

5. Prostitute means a person who for a fee, monetary consideration or other thing of value engages in sexual acts for the purpose of arousing or gratifying the sexual desire of either person. For purposes of this act, the mere possession of condoms or other contraceptives shall not constitute evidence of being a prostitute.

6. Prostitution means engaging in sexual acts with another person in return for a fee, monetary consideration, or other thing of value. For purposes of this act, the consensual, non-penetrative touching or fondling of a licensed adult entertainer or a customer thereof shall not constitute prostitution.

TITLE II: PROSTITUTION CRIMES

1. It is hereby unlawful to facilitate sex trafficking. The crime of facilitating sex trafficking shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00 in all States and external territories of the Southern Region. Any person convicted of facilitating sex trafficking shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It is hereby unlawful to act or engage as a pimp. The crime of acting or engaging as a pimp shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00 where physical force or the threat thereof is involved or for no more than five (5) years and a fine of no more than $10,000.00 where no physical force or threats thereof are involved, in all States and external territories of the Southern Region. Any person convicted of being a pimp shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

3. It is hereby unlawful to engage in prostitution or solicitation therefor, except in a licensed brothel subject to all laws and regulations thereon. The crime of unlawfully engaging in or soliciting prostitution shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of unlawfully engaging in or soliciting prostitution on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. If any State operates a diversion program authorized by the Lee-Jackson-Davis Criminal Reform Act, in lieu of arrest, a law enforcement officer shall issue a citation and summons along with information that the prostitute or customer may be eligible for assignment to a pre-prosecution diversion program. If, at any time before the trial of a prostitute charged with a violation of this paragraph, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. If, at any time before the trial of a minor prostitute charged with a violation of this paragraph, the minor prostitute agrees to cooperate with the prosecution of another crime prohibited by this act, the prosecuting attorney shall dismiss the charge. Any person who is arrested or cited for a violation of this paragraph must submit to a test to detect exposure to the human immunodeficiency virus (HIV) as well as any other sexually-transmissible disease (STD) that may be tested for. Such test must be paid for by the violator and the results of such test must be transmitted to the violator within thirty (30) days. 

4. It is hereby unlawful to solicit for prostitution a law enforcement officer who is posing as a minor or a person who is assisting law enforcement by posing as a minor, provided such purported minor-status is known to the person so soliciting. The crime of soliciting a purported minor shall be classified as a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $25,000.00, in all States and external territories of the Southern Region. Any person convicted of soliciting a purported minor shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

5. It is hereby unlawful to engage in or solicit prostitution while knowingly being infected with HIV or an STD. A person who works as a prostitute, or who solicits a prostitute, whether or not in a licensed brothel, after testing positive in a test for exposure to HIV or an STD and receiving notice of that fact is guilty of a felony and shall be punished imprisonment for no more than ten (10) years and a fine of no more than $25,000.00, in all States and external territories of the Southern Region. Any person convicted of engaging in or soliciting prostitution while knowingly being infected with HIV or and STD shall be required to pay restitution, register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. The results of a positive test must be transmitted to any person with whom the violator has had sexual contact with during the likely period of infection within thirty (30) days of being known. 

6. It is hereby unlawful to:

   A. Own, operate, or advertise an unlicensed brothel;

   B. Let or rent any house, room, vehicle, or structure to any person, for any length of time whatever, to be kept or used for the purposes of prostitution; or

   C. Own, lease, operate, control, or manage any business or private property while knowing that illegal prostitution is more likely than not being conducted at the business or upon such private property and failing to take reasonable steps to abate such illegal prostitution within thirty (30) days after the date on which the person knows the circumstances set forth. Reasonable steps to abate such illegal prostitution include filing a report of such illegal prostitution with a law enforcement agency, allowing a law enforcement agency to conduct surveillance or an unrestricted undercover operation, promoting ongoing education about such illegal prostitution for employees, or using any other available legal means to abate such illegal prostitution.

The crime of owning or operating an unlicensed brothel shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of owning or operating an unlicensed brothel on three (3) separate occasions within a five (5) year period shall be subject to seizure and forfeiture of the unlicensed brothel, be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

7. It is hereby unlawful to act as or engage as an adult entertainer without a license. The crime of acting as an unlicensed adult entertainer shall be classified as a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $5,000.00, in all States and external territories of the Southern Region. A person convicted of acting as an unlicensed adult entertainer on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

TITLE III: BROTHELS AND LEGAL PROSTITUTION

1. The Regional government shall license prostitutes as well as brothels, wherein prostitution by licensed prostitutes may be legally practiced, subject to the following requirements:

   A. Any State or local government that so chooses, may legally opt-out of allowing brothels. No license shall be issued to a brothel located in a jurisdiction that has opted out of allowing brothels.

   B. Licenses for individual prostitutes as well as for brothels, shall last one (1) year and then expire. License applications must be submitted annually, accompanied by a processing fee of $500.00.

   C. No brothel license shall be issued to any brothel located within 1,000 yards of a residential neighborhood, school, daycare, library, or church or other place of religious worship.

   D. All licensed brothels must submit to biannual inspections by local or State health and building code officials.

   E. All licensed brothels must maintain a registry of every prostitute working withing the brothel each day as well as the identity of any customer of the brothel with whom the prostitute has sexual contact with.

   F. All licensed prostitutes must submit to weekly testing for HIV and other STDs, paid for by the brothel at which they are working. The positive results of any such test shall be promptly reported to the prostitute and to the Regional licensing authority. The results of a positive test must be transmitted to any person with whom the prostitute has had sexual contact with during the likely period of infection within thirty (30) days of being known. If it is discovered that a prostitute has not strictly complied with HIV and other STD testing required by this act, and such prostitute infects a customer with HIV or another STD, then such customer shall be entitled to sue for damages in civil court. 

   G. All licensed prostitutes must require the use of condoms during any act of prostitution involving penile penetration or emission.

   H. All licensed prostitutes are prohibited from engaging in prostitution with a minor present or advertising prostitution to a minor.

   I. All licensed prostitutes and all licensed brothels are subject to an annual tax of 15% on all earnings.

TITLE IV: ADULT ENTERTAINERS

1. The Regional government shall license adult entertainers, subject to the following requirements:

   A. Licenses for adult entertainers shall last one (1) year and then expire. License applications must be submitted annually, accompanied by a processing fee of $500.00.

   B. No licensed adult entertainer shall be permitted to engage in such activity in a public place within 1,000 yards of a residential neighborhood, school, daycare, library, or church or other place of religious worship. For purposes of this paragraph, private residences and places that prohibit the admission of minors shall not constitute a public place.

   C. All licensed adult entertainers are prohibited from engaging in adult entertainment with a minor present or advertising adult entertainment to a minor.

   D. All licensed adult entertainers are subject to an annual tax of 15% on all earnings.

TITLE V: ENACTMENT

1. This act shall take effect six (6) months from the date of passage.