2025 -- S 0904

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LC002431

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: March 27, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-34.1-3 and 11-34.1-6 of the General Laws in Chapter 11-34.1

entitled "Commercial Sexual Activity" are hereby amended to read as follows:

     11-34.1-3. Procurement of sexual conduct for a fee.

     (a) A person is guilty of procuring or attempting to procure sexual conduct for the payment

of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree

to pay any type of fee for sexual conduct, regardless of the time, place or location of the

procurement, attempted procurement, payment, attempted payment or conduct. Any person found

guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to

imprisonment for a term not exceeding one year, or to a fine of not less than two hundred fifty

dollars ($250) nor more than one thousand dollars ($1,000), or both.

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars

($500) nor more than one thousand dollars ($1,000), or both.

     (c) In addition to any fine, fee, assessment or penalty authorized herein, a person who is

found guilty, pleads nolo contendere, or is convicted of soliciting prostitution pursuant to this

section, shall be ordered to participate in the “commercial sex buyer’s accountability program”

pursuant to § 11-34.1-15, and assessed a mandatory fee of one thousand dollars ($1,000).

     11-34.1-6. Soliciting from motor vehicles for indecent purposes — Forfeiture of motor

vehicle.

     (a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle

to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons

in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent

act, or to patronize, induce, or otherwise secure another person to commit any commercial sexual

activity. Any person found guilty under this section shall be subject to a sentence of up to six (6)

months incarceration or a fine of not less than five hundred dollars ($500) nor more than one

thousand dollars ($1,000), or both.

     (b) Any person found guilty of a subsequent offense under this section shall be subject to

imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty

dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section

may be suspended.

     (c) The motor vehicle being unlawfully operated as defined in this chapter by a person

convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent

purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law

enforcement agency and forfeited at the discretion of the court. Any funds received from the

forfeiture shall be deposited in the victim’s of crimes indemnity fund (VCIF).

     (d) In addition to any fine, fee, assessment or penalty authorized herein, a person who is

found guilty, pleads nolo contendere, or is convicted of soliciting prostitution pursuant to this

section, shall be ordered to participate in the “commercial sex buyer’s accountability program”

pursuant to § 11-34.1-15, and assessed a mandatory fee of one thousand dollars ($1,000).

     SECTION 2. Chapter 11-34.1 of the General Laws entitled "Commercial Sexual Activity"

is hereby amended by adding thereto the following section:

     11-34.1-15. The commercial sex buyer's accountability program.

     (a) There is hereby established an education program to be known as “commercial sex

buyer’s accountability program” which shall consist of an instructional program on prostitution and

human trafficking schemes offered in one or more locations throughout the state as follows:

     (1) By a local governmental entity, alone or in partnership with a nonprofit, pertaining to

the proposed operation of an instructional program by the local government entity, or alternatively,

by a nonprofit or other private provider on behalf of the local governmental entity and the attorney

general. If a local governmental entity establishes and operates an instructional program, then the

superior court of the State of Rhode Island or local governmental entity shall order a person

convicted of an eligible offense under §§ 11-34.1-3 or 11-34.1-6 to attend that local governmental

entity’s program; provided, the court shall not be required to order a person to attend that program

until the first day of the month next following the date of which the attorney general notifies the

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court that the program has been established and approved by the attorney general; and

     (2) To be established within six (6) months of the effective date of this section. Any court

that does not have an approved local governmental entity instructional program as established under

this section, shall order a person convicted of an eligible offense under §§ 11-34.1-3 or 11-34.1-6,

to attend the approved state program established under this section, unless there is a local

government entity instructional program within twenty-five (25) miles of the court, and the court

has been notified in accordance with this section of the availability of that program to accept

participants from the court, in which case the court may order a person to attend the local

governmental entity’s instructional program; regarding any program notice under this subsection,

a court shall not be required to order a person to attend a program until the first day of the month

next following the date on which the attorney general notifies the courts that the program has been

established and approved by the attorney general.

     (b) The program shall include information intended to increase the person’s awareness of:

     (1) The causes of prostitution and its relationship to human trafficking;

     (2) The health risks connected with prostitution, including the risk of transmittable

diseases;

     (3) The consequences of convictions for prostitution or human trafficking, including

penalties for subsequent convictions; and

     (4) The pervasiveness of human trafficking as well as the long-term physical and

psychological harms of prostitution and human trafficking on its victims.

     (c) Each assessment of the one thousand dollars ($1,000) fee pursuant to §§ 11-34.1-3(c)

or 11-34.1-6(d) shall be collected by the court and forwarded to the department of treasury to be

deposited into the crime victim compensation fund established pursuant to § 12-25-18. From this

fee, six hundred dollars ($600) shall be retained in the fund and the remaining four hundred dollars

($400) shall be distributed as follows:

     (1) Three hundred dollars ($300) to the approved provider of the “commercial sex buyer’s

accountability program” established pursuant to this section; and

     (2) One hundred dollars ($100) to the law enforcement agency that arrested the person

resulting in that person’s conviction.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

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     This act would establish the commercial sex buyer’s accountability program which consists

of an instructional program on prostitution and human trafficking schemes. Any individual

convicted pursuant to §§ 11-34.1-3 or 11-34.1-6 would be ordered to participate in the program and

assessed a mandatory fee of one thousand dollars ($1,000).

     This act would take effect upon passage.

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