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SENATE FLOOR VERSION
April 6, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2054 By: Roberts and Boles of the
House
and
Weaver of the Senate
[ crimes and punishments - penalties for prostitution
– codification - effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1029, as
amended by Section 3, Chapter 20, O.S.L. 202 2 (21 O.S. Supp. 2022,
Section 1029), is amended to read as follows:
Section 1029. A. It shall further be unlawful:
1. To engage in prostitution, lewdness, or assignation;
2. To solicit, induce, or entice, or procure another person to
commit pay or provide money or any other item or service of value to
engage in an act of lewdness, assignation, or prostituti on, with
himself or herself;
3. To reside in, enter, or remain in any h ouse, place,
building, or other structure, or to enter or remain in any vehicle,
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trailer, or other conveyance with the intent of committing an act of
prostitution, lewdness, or assigna tion; or
4. To knowingly offer money or any other it em or service of
value, or agree to provide or pay money or any other item or service
of value to, or on behalf of, another person, for the pur pose of
engaging in sexual conduct, as defined in subsection B of Section
1024.1 of this title, with that person or another ; or
5. To aid, abet, or participate in the doing of any of the acts
prohibited in paragraph 1, 2 or, 3, or 4 of this subsection.
B. Any prohibited act described in paragraph 1, 2, 3 or, 4, or
5 of subsection A of this section committed with a person under
eighteen (18) years of age shall be deemed child prostitution, as
defined in Section 1030 of this title, and shall be punishable as
provided in Section 1031 of this title.
C. No child who is a victim of human trafficking shall be
subject to juvenile delinquency or cri minal proceedings for the
offenses described in subsection A of this section which occurred as
a result of the child being a victim of human trafficking.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1031, is
amended to read as follows:
Section 1031. A. Except as provided in subsection B or, C, D,
or E of this section, any person violating any of the provisions of
Section 1028, paragraph 1, 2, 3, or 5 of subsection A of Section
1029, or Section 1030 of this title shall , upon conviction, be
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guilty of a misdemeanor a nd, upon conviction, shall be punished by
imprisonment in the county jail for not l ess than thirty (30) days
nor more than one (1) year or by fines as follows: a fine of not
more than Two Thousand Five Hundred Dollars ($2,500.00) upon the
first conviction for violation of any of such provisions, a fine of
not more than Five Thousand Dol lars ($5,000.00) upon the second
conviction for violation of any of such provisi ons, and a fine of
not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon
the third or subsequent convictions for violation of any of such
provisions, or by both su ch imprisonment and fine. In addition, the
court may require a term of communit y service of not less than forty
(40) nor more than eighty (80) hours. The court in which any such
conviction is had shall notify the county superintendent of public
health of such conviction.
B. Any person who engages in an act of prostitution with
knowledge that they are he or she is infected with the human
immunodeficiency virus shall , upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the D epartment of
Corrections for not more than five (5) years.
C. Any person who engages in an act of child prosti tution, as
defined in Section 1030 of this title , shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not more than ten (10) years and by
fines as follows: a fine of not more than Five Thousand Dollars
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($5,000.00) upon the first conviction, a f ine of not more than Ten
Thousand Dollars ($10,000.00) upon the second conviction, and a fine
of not more than Fifteen Thousand Dollars ($15,000.00) upon the
third or subsequent convictions.
D. Any person violating any of the provisions of Section 1028,
1029 or 1030 of this title within one thousand (1,000) feet of a
school or church shall, upon conviction, be guilty of a felony and,
upon conviction, shall be punished by imprisonment in the custody of
the Department of Corrections for not more than five (5 ) years or by
fines as follows: a fine of not more than Two Thousand Five Hundred
Dollars ($2,500.00) upon the first conviction for violation of any
of such provisions, a fine of not more than Five Thousand Doll ars
($5,000.00) upon the second conviction f or violation of any of such
provisions, and a fine of not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such provisions, or by both suc h imprisonment
and fine. In addition, the c ourt may require a term of community
service of not less than forty (40) nor more t han eighty (80) hours.
The court in which any such conviction is had shall notify the
county superintendent of public health of such conviction.
E. Any person violating pa ragraph 4 of subsection A of Section
1029 of this title shall, upon conviction, be guilty of a felony and
shall be punished in accordance with the provisions of subsection B
of Section 3 of this act.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1040.57 of Title 21, unless
there is created a duplication in numbering, reads as follows:
A. It shall be unlawful for any person who pays a fee for a
sexual encounter to publish a review of that sexual encounter or to
publish a review of the pubic area, buttocks, or breasts experienced
in the sexual encounter on a website that facilitates, encourages,
offers, solicits, or promotes sexual conduct with another for a fee.
B. 1. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the Department of Corrections for a term not more
than three (3) years and by fines as follows:
a. not more than One Thousand Dollars ($1,000.00) upon
the first conviction,
b. not more than Two Thousand Five Hundred Dollars
($2,500.00) upon the second conviction, and
c. not more than Five Thousand Dollars ($5,000.00) upon
the third or subsequent conviction s.
2. Any person who violates the provisions of this section where
the victim of the offense is under eighteen (18) years o f age at the
time of the offense shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term not more than ten (10) years and by fines as
follows:
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a. not more than Five Thousand Dollar s ($5,000.00) upon
the first conviction,
b. not more than Ten Thousand Dollars ($10,000.00) upon
the second conviction, and
c. not more than Fifteen Thousand Dollars ($15,000.00)
upon the third or subsequent convictions.
3. The terms of imprisonment specified in this subsection shall
not be subject to statutory provisions for suspension , deferral, or
probation or state correctional institution earned credits accruing
from and after November 1, 1989, except for the achievement earned
credits authorized by subsection H of Section 138 of Title 57 of the
Oklahoma Statutes. To qualify for such achi evement earned credits,
inmates must also be in compliance with the stand ards for Class
level 2 behavior, as de fined in subsection D of Section 138 of Title
57 of the Oklahoma Statutes.
4. Upon a third conviction, the person shall be required to
register as a sex offender under the Sex Offenders Registration Act
and shall be assigned a risk level of one. Upon a sixth conviction,
the person shall be assigned a risk level of two.
C. As used in this section, “publish” means to circulate,
deliver, distribute, disseminate, transmit , or otherwise make
available to another person.
SECTION 4. This act shall become effective July 1, 2023.
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SECTION 5. It being immediately necessary for the preserva tion
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 6, 2023 - DO PASS AS AMENDED BY CS