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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 869 By: Hamilton
An Act relating to prostitution; amending 21 O.S.
2021, Section 1031, as last amended by Section 2,
Chapter 267, O.S.L. 2024 (21 O.S. Supp. 2024, Section
1031), which relates to punishment for violations;
modifying penalty provisions for certain offense;
creating felony offense; providing for penalties;
updating statutory language and reference; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1031, as
last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1031), is amended to read as follows:
Section 1031. A. 1. Except as provided in subsect ion B, C, D,
or E of this section, any Any person violating any of the provisions
of paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or
Section 1030 of this title shall, upon conviction, be guilt y of a
misdemeanor and shall be punished punishable by imprisonment in the
county jail for not less than thirty (30) days nor more than one (1)
year or, by fines as follows: a fine not more than Two Thousand
Five Hundred Dollars ($2,500.00) upon the first conviction for
violation of any of such provisions , a fine not more than Five
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Thousand Dollars ($5,000.00) upon the second conviction for
violation of any of such provisions , and a fine not more than Seven
Thousand Five Hundred Dollars ($7,500.00) upon th e third or
subsequent convictions for violation of any of such provisions , or
by both such imprisonment and fine. In addition, the court may
require a term of community service not less than forty (40) nor
more than eighty (80) hours. The court in which any such conviction
is had shall notify the county su perintendent of public health of
such conviction.
2. Any person violating any of the provisions of paragraph 1 of
subsection A of Section 1029 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 two (2) years, by
fines as follows: a fine not more than One Thousand Dollars
($1,000.00) upon the first conviction, a fine not more than One
Thousand Five Hundred Dollars ($1,500.00) upon the second
conviction, and a fine not more than Three Thousand Dollars
($3,000.000) upon the third or subsequent convictions , or by both
such imprisonment and fine.
B. Any person who engages in an act of prostitution with
knowledge that he or she is infected with the human immunod eficiency
virus shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than five (5) years.
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C. Any person who engages in an act of child prostitution sex
trafficking as defined provided in Section 1030 1029 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 not more
than Five Thousand Dollars ($5,000.00) upon the first conviction, a
fine not more than Ten Thousand Dollars ($10,000.00) upon the second
conviction, and a fine 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 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 shall be
punished punishable by imprisonment in the custody of the Department
of Corrections for not more than five (5) years or by fines as
follows: a fine not more than Two Thousand Five Hundred Dollars
($2,500.00) upon the first conviction for violation of any of such
provisions, a fine not more than Five Thousand Dollars ($5,000.00)
upon the second conviction for violation of any of such provisions ,
and a fine 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 such imprisonment and fine.
In addition, the court may require a term of community service not
less than forty (40) nor more than eighty (80) hours. The court in
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which any such conviction is had shall notify the county
superintendent of public health of such conviction.
E. Any person violating paragraph 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 1040.57 of this title.
SECTION 2. This act shall become effective November 1, 2025 .
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 11, 2025 - DO PASS