The bill amends Section 11-34.1-2 of the General Laws in Chapter 11-34.1 entitled "Commercial Sexual Activity" to redefine the offense of prostitution and set penalties for it. Prostitution is defined as engaging, agreeing, or offering to engage in sexual conduct with another person for a fee. The penalties for a first-time offense include a misdemeanor charge, imprisonment for up to six months, and/or a fine between $250 and $1,000. For subsequent offenses, the penalties increase to imprisonment for up to one year and/or a fine between $500 and $1,000. The bill also introduces an affirmative defense for those accused of prostitution if they were forced into commercial sexual activity under specific threatening circumstances, such as physical harm or legal intimidation, provided that the immunity outlined in the newly added Section 11-34.1-15(a) does not apply.
The bill also adds a new section, 11-34.1-15, which provides immunity from citation, arrest, or prosecution for prostitution or related offenses if the person involved was a victim or witness of a crime, reported the crime in good faith, and cooperated with law enforcement. This immunity applies even if the crime reported is not prosecuted or does not result in a conviction, and it remains in effect if the victim or witness later withdraws cooperation due to safety concerns or health issues. The bill aims to provide certain protections for individuals involved in commercial sexual activity under specific circumstances and would take effect immediately upon passage.
Statutes affected: 278: 11-34.1-2