Bill Text: NJ A1135 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires period of mandatory incarceration for second or subsequent conviction for prostitution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A1135 Detail]
Download: New_Jersey-2012-A1135-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
SYNOPSIS
Requires period of mandatory incarceration for second or subsequent conviction for prostitution.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning prostitution and amending N.J.S.2C:34-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:34-1 is amended to read as follows:
2C:34-1. Prostitution and Related Offenses.
a. As used in this section:
(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
(2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.
(4) "Promoting prostitution" is:
(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
(c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(d) Soliciting a person to patronize a prostitute;
(e) Procuring a prostitute for a patron;
(f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
(g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
b. A person commits an offense if:
(1) The actor engages in prostitution;
(2) The actor promotes prostitution;
(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;
(5) The actor compels another to engage in or promote prostitution;
(6) The actor promotes prostitution of the actor's spouse; or
(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.
c. Grading of offenses under subsection b.
(1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.
(2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.
(3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. Notwithstanding the term of imprisonment provided in N.J.S.2C:43-6, any person convicted of a second or subsequent offense under subsection b. shall serve a minimum term of imprisonment of not less than 30 days. This sentence shall be a custodial term. It may not be suspended and may not be subject to alternatives to incarceration. A sentence imposed pursuant to this section may not be served on nights and weekends. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.
d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.
e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8).
(cf: P.L.2005, c.77, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would require a period of mandatory incarceration for a second or subsequent conviction of engaging in prostitution, pursuant to subsection b. of N.J.S.A. 2C:34-1. Under current law, a first act of engaging in prostitution is a disorderly persons offense. Disorderly persons offenses are punishable by imprisonment for a term of not more than six month, a fine of not more than $1,000, or both. Second or subsequent acts of engaging in prostitution are fourth degree crimes. A crime of the fourth degree is punishable by imprisonment for a term of not more than 18 months, a fine of not more than $10,000 or both. However, a sentence upon conviction for engaging in prostitution can be limited to payment of a fine. This permits offenders to return to the site of the offense repeatedly. Furthermore, monetary penalties do not serve to dissuade certain individuals from engaging in this form of illegal activity. Persons who engage in prostitution, promotion of prostitution, or both often view fines as a "cost of doing business. Therefore in order to create a greater deterrent to prostitution related offenses, it is necessary to impose a period of mandatory incarceration for repeat offenders. Also, a period of incarceration will provide those who engage in prostitution with a period of separation from those who promote the activity. Accordingly, this bill provides that a person who engages in prostitution, in addition to any other penalty, must serve jail time of at least 30 days.
