HOUSE DOCKET, NO. 1255        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3499

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act decriminalizing prostitution.

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PETITION OF:

HOUSE DOCKET, NO. 1255        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3499

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act decriminalizing prostitution.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 7 of chapter 4, as appearing in the 2014 Official Edition, is hereby amended by adding the following 2 clauses:-

Sixtieth, “Commercial sexual exploitation” shall mean any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Sixty-first, “Commercial sexual exploitation victim”, a person who is subjected to actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically, including, but not limited to a prostitute, common street walker, common night walker, or a person who engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee or in exchange for food, shelter, clothing, education or care.

SECTION 2. Section 66A of chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after the figure “265”, in line 20, the following words:- and a commercial sexual exploitation victim.

SECTION 3. Section 21 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 94 and 95, the words “, in violation of subsection (a) of section 53A of chapter 272,”.

SECTION 4. Section 39L of said chapter 119 is hereby repealed.

SECTION 5. Section 20M of chapter 233 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the figure “265”, in line 15, the following words:- or a commercial sexual exploitation victim.

SECTION 6. Section 8 of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the word “shall”, in line 2, and inserting in place thereof the following words:- , except a commercial sexual exploitation victim whose body is solicited, shall.

SECTION 7. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Whoever commits offensive and disorderly acts or language, accosts or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

SECTION 8. Said chapter 272 is hereby amended by striking out subsection 53A and inserting in place thereof the following section:-

(a) Whoever pays, agrees to pay or offers to pay another person to engage in sexual conduct, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not less than $1,000 and not more than $5,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not.

(b) Whoever pays, agrees to pay or offers to pay any person with the intent to engage in sexual conduct with a child under the age of 18, or whoever is paid, agrees to pay or agrees that a third person be paid in return for aiding a person who intends to engage in sexual conduct with a child under the age of 18, shall be punished by imprisonment in the state prison for not more than 10 years, or in the house of correction for not more than 2 and one-half years and by a fine of not less than $3,000 and not more than $10,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not; provided, however, that a prosecution commenced under this section shall not be continued without a finding or placed on file.