HOUSE BILL NO. 4112

February 03, 2021, Introduced by Reps. Alexander, Glenn, Whitsett, Calley, Whiteford, Kahle, Brabec, Rendon, Paquette, Bollin, Wozniak, Lasinski, Hammoud, Thanedar, Bolden, Stone, Allor, Jones and Yancey and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending the heading of chapter LXVII and sections 448, 449, 450, 452, 454, 455, 456, 457, 458, 459, 460, and 462 (MCL 750.448, 750.449, 750.450, 750.452, 750.454, 750.455, 750.456, 750.457, 750.458, 750.459, 750.460, and 750.462), section 448 as amended by 2002 PA 45, sections 449 and 462 as amended by 2002 PA 46, section 450 as amended by 2014 PA 326, sections 452, 455, 456, 457, 458, and 460 as amended by 2014 PA 331, section 454 as amended by 2002 PA 672, and section 459 as amended by 2016 PA 485; and to repeal acts and parts of acts.

the people of the state of michigan enact:

CHAPTER LXVII

PROSTITUTIONCOMMERCIAL SEXUAL ACTIVITY

Sec. 448. A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.As used in this chapter, "commercial sexual activity" means that term as defined in section 462a.

Sec. 449. (1) A Except as provided in subsection (2), a person 16 years of age or older who receives or admits or offers to receive or admit a person into a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or who knowingly permits a person to remain in a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, provides or offers to provide a commercial sexual activity is guilty of a crime punishable as provided in section 451.

(2) If the person's actions that violated subsection (1) were a direct result of being a victim of human trafficking under chapter LXVIIA or if the person's actions were caused, induced, persuaded, encouraged, or enticed by a promise or threat, violence, or any device or scheme in violation of section 455 the person must be assessed for a deferral under section 451c.

Sec. 450. (1) A person 16 years of age or older who aids, assists, or abets another person to commit or offer to commit an act prohibited under section 448, 449, or 449a is guilty of a crime punishable as provided in section 451.Except as provided in subsection (2), a person who obtains or offers to obtain a commercial sexual activity is guilty of a crime punishable as provided in section 451. A person who is convicted of violating this section is subject to part 52 of the public health code, 1978 PA 368, MCL 333.5201 to 333.5210.

(2) A person who obtains or offers to obtain commercial sexual activity from a person who is less than 18 years of age is guilty of a crime punishable as provided in section 451.

Sec. 452. 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 other place resorted to for the purpose of prostitution or lewdness commercial sexual activity is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000.00, or both.

Sec. 454. Any person who shall let any dwelling rents a house, room, or vehicle knowing that the lessee person to whom the house, room, or vehicle is rented intends to use it as a house of ill-fame or place of resort for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, for commercial sexual activity, or who shall knowingly permit such lessee to use the same for such purpose, permits the person to whom the house, room, or vehicle was rented to use the house, room, or vehicle for commercial sexual activity, or who shall receive any receives rent or any other consideration for any dwelling, house, room, or apartment which is vehicle that is used as a house of ill-fame or place of resort for prostitutes, or for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, having reasonable cause to believe such house, room, or apartment is used for any such purpose, for commercial sex