Legislative Analysis
Phone: (517) 373-8080
COMMERCIAL SEXUAL ACTIVITY
http://www.house.mi.gov/hfa
House Bill 5841 (H-2) as passed by the House Analysis available at
Sponsor: Rep. Mai Xiong http://www.legislature.mi.gov
House Bill 5842 as passed by the House
Sponsor: Rep. Tyrone Carter
House Bill 5843 as passed by the House House Bill 5850 as passed by the House
Sponsor: Rep. Angela Witwer Sponsor: Rep. Gina Johnsen
House Bill 5844 as passed by the House House Bill 5851 as passed by the House
Sponsor: Rep. Jenn Hill Sponsor: Rep. Kimberly Edwards
House Bill 5845 as passed by the House House Bill 5852 as passed by the House
Sponsor: Rep. Samantha Steckloff Sponsor: Rep. Pat Outman
House Bill 5846 as passed by the House House Bill 5853 (H-1) as passed by the House
Sponsor: Rep. Kara Hope Sponsor: Rep. Laurie Pohutsky
House Bill 5847 as passed by the House House Bill 5854 as passed by the House
Sponsor: Rep. Douglas C. Wozniak Sponsor: Rep. Veronica A. Paiz
House Bill 5849 as passed by the House House Bill 5864 as passed by the House
Sponsor: Rep. Denise Mentzer Sponsor: Rep. Felicia Brabec
House Committee: Judiciary
Senate Committee: [Pending]
Complete to 12-17-24
SUMMARY:
Generally speaking, the bills would amend several acts to replace the word “prostitution,”
broadly understood as sex for payment, with the more expansively defined term commercial
sexual activity. The terms “brothel,” “bordello,” and the like would generally be described as
a house, vehicle, or other place where commercial sexual activity takes place. The term
“prostitute” would be replaced with person engaged in commercial sexual activity.
Commercial sexual activity would mean any of the following for which money
changes hands:
• Any of the following that depicts, in whole or part, nudity, sexual excitement,
erotic fondling, sexual intercourse, or sadomasochistic abuse:
o A motion picture.
o A video game.
o An exhibition.
o A show.
o A representation.
o Any other presentation.
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 • An act of sexual contact, which would include both of the following:
o The intentional touching of the clothing covering the immediate area
of either party’s intimate parts, or the intimate touching of either party’s
intimate parts, if that intimate touching can reasonably be construed as
being for the purpose of sexual arousal or gratification, done for a
sexual purpose, or in a sexual manner for:
 Revenge.
 To inflict humiliation.
 Out of anger.
o The intentional touching of either party’s intimate parts, if that intimate
touching can reasonably be construed as being for the purpose of sexual
arousal or gratification, done for a sexual purpose, or in a sexual
manner for:
 Revenge.
 To inflict humiliation.
 Out of anger.
• An act of sexual penetration, which would include any of the following (with
the emission of semen not required for a violation):
o Sexual intercourse.
o Cunnilingus.
o Fellatio.
o Anal intercourse.
o Any other intrusion, however slight, of any part of a person’s body into
the genital or anal openings of another person’s body.
o Any other intrusion, however slight, of any object into the genital or
anal openings of another person’s body.
• The production, distribution, financing, or possession of child sexually abusive
material.
House Bill 5841 would amend the Michigan Penal Code. Chapter LXVII of the code contains
prohibitions and penalties that are currently related to prostitution. The bill would reorganize
several sections of this chapter, consolidating their provisions into a single section, and it would
change the terms of reference (and their applicable scope of meaning) as described above.
Age restriction
Some provisions and penalties now apply only to individuals who are 16 or older. 1 The bill
would remove this age restriction so that the provisions would apply more generally.
Prohibitions and penalties under the code
Among other prohibitions, the code currently prohibits all of the following and prescribes the
same penalties for violations, as described below:
• Accosting, soliciting, or inviting another person in a public place or in or from a
building or vehicle, by word, gesture, or other means, to commit prostitution or do any
other lewd or immoral act. (Current section 448, proposed section 449(1))
1
Specifically, sections 448 (soliciting, accosting, or inviting another person to commit prostitution), 449 (receiving or
admitting or offering to receive or admit a person into a place for the purpose of prostitution), 450 (aiding, assisting,
or abetting another person to commit certain prostitution offenses), and 462 (allowing, for a purpose other than
prostitution, a person 16 or younger to remain in a house of prostitution). The bill would move the relevant provisions
of sections 448 and 450 to section 449.
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 • Receiving or admitting or offering to receive or admit a person into a place, structure,
house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or
knowingly allowing a person to remain in such a place for such a purpose. (Current
section 449, proposed section 449(2))
• Engaging or offering to engage the services of another person, who is not their spouse,
for the purpose of prostitution, lewdness, or assignation, by the payment in money or
other forms of consideration. (Current section 449a(1), proposed section 449(4))
• Aiding, assisting, or abetting another person to commit or offer to commit an act
described above. (Current section 450, proposed section 449(6))
• For a purpose other than prostitution, taking a person who is 16 or younger to a house
of prostitution, or employing, receiving, detaining, or allowing them to remain there.
(Section 462 under both current law and the bill)
The above violations are currently crimes punishable as follows:
• For a first offense, a misdemeanor punishable by imprisonment for up to 93 days or a
fine of up to $500, or both.
• For a second offense, a misdemeanor punishable by imprisonment for up to one year
or a fine of up to $1,000, or both.
• For a third or subsequent offense, a felony punishable by imprisonment for up to two
years or a fine of up to $2,000, or both.
Prohibitions and penalties under the bill
The bill would amend the above prohibitions to change the age reference from 16 to 18 and to
change the terminology used. The bill would prohibit a person from doing any of the following:
• Accosting, soliciting, or inviting another person in a public place or in or from a
building or vehicle, by word, gesture, or other means, to provide commercial sexual
activity. (Current section 448, proposed section 449(1))
• Receiving or admitting or offering to receive or admit a person into a place, house, or
vehicle for the purpose of commercial sexual activity or knowingly allowing a person
to remain in a place, house, or vehicle for the purpose of commercial sexual activity.
(Current section 449, proposed section 449(2))
• Obtaining or offering to obtain a commercial sexual activity. (Current section 449a(1),
proposed section 449(4))
• Aiding, assisting, or abetting another person to commit or offer to commit an act
described above. (Current section 450, proposed section 449(6))
• For a purpose other than commercial sexual activity, taking a person who is 19 or
younger to a house, vehicle, or other place in which commercial sexual activity is
practiced, encouraged, or allowed, or employing, receiving, detaining, or allowing
them to remain there. (Section 462 under both current law and the bill)
The bill would increase the applicable penalties as follows:
• For a first offense, a misdemeanor punishable by imprisonment for up to 93 days or a
fine of up to $500, or both. [Same as current law]
• For a second offense, a felony punishable by imprisonment for up to two years or a fine
of up to $2,000, or both.
• For a third or subsequent offense, a felony punishable by imprisonment for up to four
years or a fine of up to $4,000, or both.
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 Providing a commercial sexual activity
The bill would prohibit a person from providing or offering to provide a commercial sexual
activity (proposed section 449(3)). A violation would be a crime punishable as follows (same
as those above):
• For a first offense, a misdemeanor punishable by imprisonment for up to 93 days or a
fine of up to $500, or both.
• For a second offense, a felony punishable by imprisonment for up to two years or a
fine of up to $2,000, or both.
• For a third or subsequent offense, a felony punishable by imprisonment for up to four
years or a fine of up to $4,000, or both.
Hazardous communicable diseases
As described above, the code prohibits engaging or offering to engage the services of another
person, other than their spouse, for the purposes of prostitution. Currently, a person convicted
of violating this provision is subject to Part 52 (Hazardous Communicable Diseases) of the
Public Health Code, which requires individuals who are potential sources of communicable
infection to cooperate with health officers to prevent or control transmission of diseases (which
can include detention).
The bill would retain the above provision related to Part 52 of the Public Health Code. In
addition, under the bill, individuals convicted of any of the following would also be newly
subject to Part 52 of the Public Health Code:
• Accosting, soliciting, or inviting another person in a public place or in or from a
building or vehicle, by word, gesture, or other means, to provide commercial sexual
activity. (Current section 448, proposed section 449(1))
• Receiving or admitting or offering to receive or admit a person into a place, house, or
vehicle for the purpose of commercial sexual activity or knowingly allowing a person
to remain in a place, house, or vehicle for the purpose of commercial sexual activity.
(Current section 449, proposed section 449(2))
• Providing or offering to provide a commercial sexual activity. (Proposed section
449(3))
• Obtaining or offering to obtain commercial sexual activity from a person who is less
than 18 years of age. (Current section 449a(2), proposed section 449(5))
• Aiding, assisting, or abetting another person to commit or offer to commit an act
described above. (Current section 450, proposed section 449(6))
Eligibility for deferral
The code now allows the court to defer further proceedings, without entering a judgment of
guilt, and place the accused individual on probation for certain violations of Chapter LXVII.
Among other conditions and procedural requirements, these provisions apply only if the
violation was committed as a direct result of the accused individual’s being a victim of a human
trafficking violation. Under current law, these provisions apply only to the following
violations:
• Accosting, soliciting, or inviting another person in a public place or in or from a
building or vehicle, by word, gesture, or other means, to commit prostitution or do any
other lewd or immoral act. (Current section 448, proposed section 449(1))
• Receiving or admitting or offering to receive or admit a person into a place, structure,
house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or
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 knowingly allowing a person to remain in such a place for such a purpose. (Current
section 449, proposed section 449(2))
• Aiding, assisting, or abetting another person to commit or offer to commit an act
described above. (Current section 450, proposed section 449(6))
• For a purpose other than prostitution, taking a person who is 16 or younger [under the
bill, 18 or younger] to a house of prostitution, or employing, receiving, detaining, or
allowing them to remain there. (Section 462 under both current law and the bill)
Under the bill, deferral and probation as described above would also be newly available for the
following violations:
• Obtaining or offering to obtain a commercial sexual activity. (Current section 449a(1),
proposed section 449(4))
• Obtaining or offering to obtain commercial sexual activity from a person who is less
than 18 years of age. (Current section 449a(2), proposed section 449(5))
In addition, the bill would require an individual to be assessed for a deferral under section 451c
(the bill does not say assessed by whom) if their actions that violated any of the sections listed
above were either of the following:
• A direct result of being a victim of human trafficking.
• Caused, induced, persuaded, encouraged, or enticed by a promise or threat, violence,
or any device or scheme in violation of section 455 of the code.
Note, however, that an individual assessed for a deferral under the second bulleted item above
would not be eligible for a deferral under the bill unless their violation was committed as a
direct result of their being a victim of a human trafficking violation.
For purposes of the above provisions, the applicable parts of section 455, as amended by the
bill, would provide that a person who does any of the following is guilty of a felony punishable
by imprisonment for up to 20 years:
• By promise, threat, or violence, or by any device or scheme, causes, induces,
persuades, encourages, takes, places, harbors, or entices a person to become an inmate
of a house, vehicle, or any other place in which commercial sexual activity is practiced,
encouraged, or allowed.
• By any promise or threat, or by violence or any device or scheme, causes, induces,
persuades, encourages, or entices an occupant of a house, vehicle, or other place in
which commercial sexual activity is practiced, encouraged, or allowed to remain there
as an occupant.
• By any promise or threat, or by violence, any device or scheme, fraud or artifice, or
by duress of person or goods, or by abuse of any position of confidence or authority,
or having legal charge, takes, places, harbors, entices, persuades, encourages, or
procures any person to provide commercial sexual activity.
Aiding or abetting in operating a place
The code now provides that a person who keeps, maintains, or operates, or aids and abets in
keeping, maintaining, or operating, a house of ill-fame, bawdy house, or any house or place
resorted to for the purpose of prostitution or lewdness is guilty of a felony punishable by
imprisonment for up to five years or a fine of up to $5,000, or both.
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 The bill would remove the aiding and abetting prohibition italicized above. Under the bill, a
person who keeps, maintains, or operates a house, vehicle, or other place resorted to for the
purpose of commercial sexual activity would be guilty of a felony punishable by imprisonment
for up to five years or a fine of up to $5,000, or both.
Rental of residential space
A provision of the code now generally prohibits renting a dwelling house, room, or apartment
to someone knowi