1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3157 By: Roberts
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6 AS INTRODUCED
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7 An Act relating to prostitution; amending 21 O.S.
7 2021, Sections 1028 and 1031, as amended by Section
8 2, Chapter 265, O.S.L. 2023 (21 O.S. Supp. 2023,
8 Section 1031), which relate to prostitution offenses
9 and related penalties; specifying penalties and fine
9 amounts for certain offenses; providing limitations
10 on prison terms; updating internal statutory
10 references; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1028, is
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15 amended to read as follows:
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16 Section 1028. A. It shall be unlawful in the State of
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17 Oklahoma:
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18 (a) 1. To keep, set up, maintain, or operate any house, place,
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19 building, other structure, or part thereof, or vehicle, trailer, or
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20 other conveyance with the intent of committing an act of
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21 prostitution, lewdness, or assignation;
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22 (b) 2. To knowingly own any house, place, building, other
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23 structure, or part thereof, or vehicle, trailer, or other conveyance
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24 used with the intent of committing an act of lewdness, assignation,
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 1 or prostitution, or to let, lease, or rent, or contract to let,
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2 lease, or rent any such place, premises, or conveyance, or part
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3 thereof, to another with knowledge or reasonable cause to believe
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4 that the intention of the lessee or rentee is to use such place,
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5 premises, or conveyance for prostitution, lewdness, or assignation;
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6 (c) 3. To offer, or to offer to secure, another with the intent
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7 of having such person commit an act of prostitution, or with the
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8 intent of having such person commit any other lewd or indecent act;
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9 (d) 4. To receive or to offer or agree to receive any person
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10 into any house, place, building, other structure, vehicle, trailer,
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11 or other conveyance with the intent of committing an act of
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12 prostitution, lewdness, or assignation, or to permit any person to
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13 remain there with such intent;
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14 (e) 5. To direct, take, or transport, or to offer or agree to
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15 take or transport, or aid or assist in transporting, any person to
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16 any house, place, building, other structure, vehicle, trailer, or
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17 other conveyance, or to any other person with knowledge or having
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18 reasonable cause to believe that the intent of such directing,
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19 taking or transporting is prostitution, lewdness or assignation;
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20 (f) 6. To knowingly accept, receive, levy, or appropriate any
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21 money or other thing of value without consideration from a
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22 prostitute or from the proceeds of any woman engaged in
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23 prostitution; or
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 1 (g) 7. To knowingly abet the crime of prostitution by allowing
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2 a house, place, building, or parking lot to be used or occupied by a
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3 person who is soliciting, inducing, enticing, or procuring another
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4 to commit an act of lewdness, assignation, or prostitution or who is
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5 engaging in prostitution, lewdness, or assignation on the premises
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6 of the house, place, building, or parking lot.
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7 B. Any person who violates the provisions of this section
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8 shall, upon conviction, be guilty of a felony punishable by
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9 imprisonment in the Department of Corrections for a term of not less
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10 than sixty (60) days and not more than five (5) years, and by a fine
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11 as follows:
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12 1. Not more than Five Thousand Dollars ($5,000.00) upon the
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13 first conviction;
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14 2. Not more than Ten Thousand Dollars ($10,000.00) upon the
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15 second conviction; and
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16 3. Not more than Fifteen Thousand Dollars ($15,000.00) upon the
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17 third or subsequent conviction.
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18 C. Any person who violates the provisions of this section where
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19 the victim of the offense is under eighteen (18) years of age at the
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20 time of the offense shall, upon conviction, be guilty of a felony
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21 punishable by imprisonment in the custody of the Department of
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22 Corrections for a term not less than one hundred twenty (120) days
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23 and not more than twenty (20) years, and by a fine as follows:
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 1 1. Not more than Ten Thousand Dollars ($10,000.00) upon the
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2 first conviction;
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3 2. Not more than Twenty Thousand Dollars ($20,000.00) upon the
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4 second conviction; and
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5 3. Not more than Thirty Thousand Dollars ($30,000.00) upon the
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6 third or subsequent conviction.
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7 D. The terms of imprisonment specified in this section shall
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8 not be subject to statutory provisions for suspension, deferral, or
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9 probation or state correctional institution earned credits, except
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10 for the achievement earned credits authorized by subsection H of
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11 Section 138 of Title 57 of the Oklahoma Statutes. To qualify for
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12 such achievement earned credits, inmates must also be in compliance
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13 with the standards for Class level 2 behavior, as defined in
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14 subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
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15 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1031, as
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16 amended by Section 2, Chapter 265, O.S.L. 2023 (21 O.S. Supp. 2023,
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17 Section 1031), is amended to read as follows:
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18 Section 1031. A. Except as provided in subsection B, C, D, or
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19 E of this section, any person violating any of the provisions of
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20 Section 1028, paragraph 1, 2, 3, or 5 of subsection A of Section
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21 1029, or Section 1030 of this title shall, upon conviction, be
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22 guilty of a misdemeanor and shall be punished by imprisonment in the
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23 county jail for not less than thirty (30) days nor more than one (1)
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24 year or by fines as follows: a fine not more than Two Thousand Five
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 1 Hundred Dollars ($2,500.00) upon the first conviction for violation
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2 of any of such provisions, a fine not more than Five Thousand
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3 Dollars ($5,000.00) upon the second conviction for violation of any
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4 of such provisions, and a fine not more than Seven Thousand Five
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5 Hundred Dollars ($7,500.00) upon the third or subsequent convictions
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6 for violation of any of such provisions, or by both such
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7 imprisonment and fine. In addition, the court may require a term of
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8 community service not less than forty (40) nor more than eighty (80)
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9 hours. The court in which any such conviction is had shall notify
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10 the county superintendent of public health of such conviction.
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11 B. Any person who engages in an act of prostitution with
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12 knowledge that he or she is infected with the human immunodeficiency
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13 virus shall, upon conviction, be guilty of a felony punishable by
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14 imprisonment in the custody of the Department of Corrections for not
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15 more than five (5) years.
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16 C. Any person who engages in an act of child prostitution as
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17 defined in Section 1030 of this title shall, upon conviction, be
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18 guilty of a felony punishable by imprisonment in the custody of the
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19 Department of Corrections for not more than ten (10) years and by
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20 fines as follows: a fine not more than Five Thousand Dollars
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21 ($5,000.00) upon the first conviction, a fine not more than Ten
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22 Thousand Dollars ($10,000.00) upon the second conviction, and a fine
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23 not more than Fifteen Thousand Dollars ($15,000.00) upon the third
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24 or subsequent convictions.
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 1 D. Any person violating any of the provisions of Section 1028,
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2 1029 or 1030 of this title within one thousand (1,000) feet of a
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3 school or church shall, upon conviction, be guilty of a felony and
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4 shall be punished by imprisonment in the custody of the Department
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5 of Corrections for not more than five (5) years or by fines as
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6 follows: a fine not more than Two Thousand Five Hundred Dollars
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7 ($2,500.00) upon the first conviction for violation of any of such
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8 provisions, a fine not more than Five Thousand Dollars ($5,000.00)
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9 upon the second conviction for violation of any of such provisions,
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10 and a fine not more than Seven Thousand Five Hundred Dollars
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11 ($7,500.00) upon the third or subsequent convictions for violation
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12 of any of such provisions, or by both such imprisonment and fine.
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13 In addition, the court may require a term of community service not
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14 less than forty (40) nor more than eighty (80) hours. The court in
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15 which any such conviction is had shall notify the county
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16 superintendent of public health of such conviction.
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17 E. Any person violating paragraph 4 of subsection A of Section
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18 1029 of this title shall, upon conviction, be guilty of a felony and
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19 shall be punished in accordance with the provisions of subsection B
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20 of Section 3 1040.57 of this act title.
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21 SECTION 3. This act shall become effective November 1, 2024.
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23 59-2-8425 GRS 11/16/23
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Statutes affected:
Introduced: 21-1031
House Committee Substitute: 21-1031
Floor (House): 21-1031
Floor (Senate): 21-1031
Engrossed: 21-1031
Amended And Engrossed: 21-1031
Enrolled (final version): 21-1031