2023 -- H 6063
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LC002436
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL AC TIVITY
Introduced By: Representatives Ajello, Knight, Kazarian, Handy, Cortvriend, Cruz, and
Speakman
Date Introduced: March 03, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-34.1-2, 11-34.1-3, 11-34.1-4 and 11-34.1-6 of the General Laws 1
in Chapter 11-34.1 entitled "Commercial Sexual Activity" are hereby amended to read as follows: 2
11-34.1-2. Prostitution. 3
(a) A person is guilty of prostitution when such person engages, or agrees, or offers to 4
engage in sexual conduct with another person in return for a fee. Any person found guilty under 5
this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a 6
term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor 7
more than one thousand dollars ($1,000), or both. 8
(b) Any person found guilty of a subsequent offense under this section shall be subject to 9
imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars 10
($500) nor more than one thousand dollars ($1,000), or both. 11
(c) In any prosecution for a violation under this section, it shall be an affirmative defense 12
if the accused was forced to commit a commercial sexual activity by: 13
(1) Being threatened or subjected to physical harm; 14
(2) Being physically restrained or threatened to be physically restrained; 15
(3) Being subject to threats of abuse of law or legal process; 16
(4) Being subject to destruction, concealment, removal, or confiscation, of any passport or 17
other immigration document or any other actual or purported governmental identification 18
document; or 19
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(5) Being subject to intimidation in which the accused’s physical well being was perceived 1
as threatened. 2
(d) A person shall not be cited, arrested, or prosecuted under this section if the person 3
witnessed or was a victim of, and reported to law enforcement in good faith and in a timely manner, 4
one or more of the reported offenses listed in subsection (e) of this section. 5
(e) A reported offense covered by this chapter shall include any offense prohibited by the 6
following chapters of the general laws: chapter 5 of title 11, assaults; chapter 18 of title 11, fraud 7
and false dealing; chapter 23 of title 11, homicide, chapter 26 of title 11, kidnapping; chapter 37 of 8
title 11, sexual assault; chapter 39 of title 11, robbery; chapter 41 of title 11, theft, embezzlement, 9
false pretenses and misappropriation; chapter 42 of title 11, threats and extortion; chapter 57 of title 10
11, racketeer violence; chapter 59 of title 11, stalking; chapter 67.1 of title 11, human trafficking; 11
and § 11-9-1.3, child pornography. 12
11-34.1-3. Procurement of sexual conduct for a fee. 13
(a) A person is guilty of procuring or attempting to procure sexual conduct for the payment 14
of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree 15
to pay any type of fee for sexual conduct, regardless of the time, place or location of the 16
procurement, attempted procurement, payment, attempted payment or conduct. Any person found 17
guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to 18
imprisonment for a term not exceeding one year, or to a fine of not less than two hundred fifty 19
dollars ($250) nor more than one thousand dollars ($1,000), or both. 20
(b) Any person found guilty of a subsequent offense under this section shall be subject to 21
imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars 22
($500) nor more than one thousand dollars ($1,000), or both. 23
(c) A person shall not be cited, arrested, or prosecuted under this section if the person 24
witnessed or was a victim of, and reported to law enforcement in good faith and in a timely manner, 25
one or more of the reported offenses listed in subsection (d) of this section. 26
(d) A reported offense covered by this chapter shall include any offense prohibited by the 27
following chapters of the general laws: chapter 5 of title 11, assaults; chapter 18 of title 11, fraud 28
and false dealing; chapter 23 of title 11, homicide, chapter 26 of title 11, kidnapping; chapter 37 of 29
title 11, sexual assault; chapter 39 of title 11, robbery; chapter 41 of title 11, theft, embezzlement, 30
false pretenses and misappropriation; chapter 42 of title 11, threats and extortion; chapter 57 of title 31
11, racketeer violence; chapter 59 of title 11, stalking; chapter 67.1 of title 11, human trafficking; 32
and § 11-9-1.3, child pornography. 33
11-34.1-4. Loitering for prostitution. 34
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(a) It shall be unlawful for any person to stand or wander in or near any public highway or 1
street, or any public or private place, and attempt to engage passersby in conversation, or stop or 2
attempt to stop motor vehicles, for the purpose of prostitution or other commercial sexual activity. 3
Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of 4
up to six (6) months incarceration or by a fine of not less than two hundred fifty dollars ($250) nor 5
more than one thousand dollars ($1,000), or both. 6
(b) Any person found guilty of a subsequent offense under this section shall be subject to 7
imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars 8
($500) nor more than one thousand dollars ($1,000), or both. 9
(c) A person shall not be cited, arrested, or prosecuted under this section if the person 10
witnessed or was a victim of, and reported to law enforcement in good faith and in a timely manner, 11
one or more of the reported offenses listed in subsection (d) of this section. 12
(d) A reported offense covered by this chapter shall include any offense prohibited by the 13
following chapters of the general laws: chapter 5 of title 11, assaults; chapter 18 of title 11, fraud 14
and false dealing; chapter 23 of title 11, homicide, chapter 26 of title 11, kidnapping; chapter 37 of 15
title 11, sexual assault; chapter 39 of title 11, robbery; chapter 41 of title 11, theft, embezzlement, 16
false pretenses and misappropriation; chapter 42 of title 11, threats and extortion; chapter 57 of title 17
11, racketeer violence; chapter 59 of title 11, stalking; chapter 67.1 of title 11, human trafficking; 18
and § 11-9-1.3, child pornography. 19
11-34.1-6. Soliciting from motor vehicles for indecent purposes — Forfeiture of motor 20
vehicle. 21
(a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle 22
to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons 23
in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent 24
act, or to patronize, induce, or otherwise secure another person to commit any commercial sexual 25
activity. Any person found guilty under this section shall be subject to a sentence of up to six (6) 26
months incarceration or a fine of not less than five hundred dollars ($500) nor more than one 27
thousand dollars ($1,000), or both. 28
(b) Any person found guilty of a subsequent offense under this section shall be subject to 29
imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty 30
dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section 31
may be suspended. 32
(c) The motor vehicle being unlawfully operated as defined in this chapter by a person 33
convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent 34
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purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law 1
enforcement agency and forfeited at the discretion of the court. Any funds received from the 2
forfeiture shall be deposited in the victim’s of crimes indemnity fund (VCIF). 3
(d) A person shall not be cited, arrested, or prosecuted under this section if the person 4
witnessed or was a victim of, and reported to law enforcement in good faith and in a timely manner, 5
one or more of the reported offenses listed in subsection (e) of this section. 6
(e) A reported offense covered by this chapter shall include any offense prohibited by the 7
following chapters of the general laws: chapter 5 of title 11, assaults; chapter 18 of title 11, fraud 8
and false dealing; chapter 23 of title 11, homicide, chapter 26 of title 11, kidnapping; chapter 37 of 9
title 11, sexual assault; chapter 39 of title 11, robbery; chapter 41 of title 11, theft, embezzlement, 10
false pretenses and misappropriation; chapter 42 of title 11, threats and extortion; chapter 57 of title 11
11, racketeer violence; chapter 59 of title 11, stalking; chapter 67.1 of title 11, human trafficking; 12
and § 11-9-1.3, child pornography. 13
SECTION 2. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled "Licensing 14
of Massage Therapists" is hereby amended to read as follows: 15
23-20.8-3. Practice of massage therapy — License required — Use of title limited — 16
Qualifications for licenses continuing education — Fees. 17
(a) A person shall not practice, or hold himself or herself out to others as practicing massage 18
therapy, or as a massage therapist, without first receiving from the board a license to engage in that 19
practice. 20
(b) A person shall hold himself or herself out to others as a massage therapist when the 21
person adopts or uses any title or description, including: “massage therapist,” “masseur,” 22
“masseuse,” “massagist,” “massotherapist,” “myotherapist,” “body therapist,” “massage 23
technician,” “massage practitioner,” or any derivation of those terms that implies this practice. 24
(c) It shall be unlawful to advertise the practice of massage therapy using the term massage 25
therapy, or any other term that implies a massage technique or method, in any public or private 26
publication or communication by a person not licensed by the state of Rhode Island department of 27
health as a massage therapist. Any person who holds a license to practice as a massage therapist in 28
this state may use the title “licensed massage therapist” and the abbreviation “LMT.” No other 29
persons may assume this title or use such abbreviation or any other word, letters, signs, or figures 30
to indicate that the person using the title is a licensed massage therapist. A massage therapist’s 31
name and license number must conspicuously appear on all of the massage therapist’s print and 32
electronic material. A massage therapist licensed under this chapter must have available his or her 33
license in all places of business practice. 34
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(d)(1) The board shall, by rule, establish requirements for continuing education. The board 1
may establish such requirements to be completed and verified annually. The board shall require no 2
more than six (6) continuing education units annually. 3
(2) Applicants for annual licensure renewal shall meet continuing education requirements 4
as prescribed by the board. On application for renewal of license, massage therapists shall attest to 5
completion of six (6) continuing education units annually that may include, but not be limited to: 6
(i) Formal presentations; 7
(ii) Conferences; 8
(iii) Coursework from a massage school or program, accredited college/university; and/or 9
(iv) Self-study or online coursework. 10
The programs or offerings shall be approved or sponsored by a board-approved 11
organization. 12
(3) A licensee who fails to complete the continuing education requirements described 13
herein may be subject to disciplinary action pursuant to § 5-40-13. 14
(4) A license may be denied to any applicant who fails to provide satisfactory evidence of 15
completion of continuing education relevant to massage therapy as required herein. 16
(5) The board may waive the requirement for continuing education if the board is satisfied 17
that the applicant has suffered hardship that may have prevented meeting the educational 18
requirements. 19
(e) The fee for original application for licensure as a massage therapist and for annual 20
license renewal shall be as set forth in § 23-1-54. Fees for all other licenses under this chapter shall 21
be fixed in an amount necessary to cover the cost of administering this chapter. 22
(f) Any person applying for a license under this chapter shall undergo a national criminal 23
background check. Such persons shall apply to the bureau of criminal identification of the state 24
police or local police department for a national criminal background check. Fingerprinting shall be 25
required. Upon the discovery of any disqualifying information as defined in subsection (g), the 26
bureau of criminal identification of the state police or the local police department shall inform the 27
applicant, in writing, of the nature of the disqualifying information and, without disclosing the 28
nature of the disqualifying information, shall notify the board, in writing, that disqualifying 29
information has been found. In those situations in which no disqualifying information has been 30
found, the bureau of criminal identification shall inform the applicant and the board in writing of 31
this fact. An applicant against whom disqualifying information has been found may request that a 32
copy of the national criminal background report be sent to the board, which shall make a judgment 33
regarding the licensure of the applicant. The applicant shall be responsible for payment of the costs 34
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of the national criminal background check. 1
(g) “Disqualifying information” means those offenses, including, but not limited to, those 2
defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37. 3
(h) Notwithstanding the above, any city or town may, by ordinance, regulate the opening, 4
the presence, the location, and the operation of any body-works business or any business providing 5
body-works services. Provided, however, no ordinance may impose additional qualifications 6
beyond those adopted by the department of health pursuant to this chapter respecting national 7
criminal background checks for persons applying for a license. 8
(i) A person shall not be cited, arrested, or prosecuted under this section if the person 9
witnessed or was a victim of, and reported to law enforcement in good faith and in a timely manner, 10
one or more of the reported offenses listed in subsection (j) of this section. 11
(j) A reported offense covered by this chapter shall include any offense prohibited by the 12
following chapters of the general laws: chapter 5 of title 11, assaults; chapter 18 of title 11, fraud 13
and false dealing; chapter 23 of title 11, homicide, chapter 26 of title 11, kidnapping; chapter 37 of 14
title 11, sexual assault; chapter 39 of title 11, robbery; chapter 41 of title 11, theft, embezzlement, 15
false pretenses and misappropriation; chapter 42 of title 11, threats and extortion; chapter 57 of title 16
11, racketeer violence; chapter 59 of title 11, stalking; chapter 67.1 of title 11, human trafficking; 17
and § 11-9-1.3, child pornography. 18
SECTION 3. This act shall take effect upon passage. 19
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL AC TIVITY
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This act would prohibit the arrest of any person who is engaged in commercial sexual 1
activity or practicing massage without a license if they were a witness or victim of and, in good 2
faith and in a timely manner, reported to law enforcement, the enumerated criminal offenses to 3
include assault, sexual assault, homicide, robbery, larceny and the like. 4
This act would take effect upon passage. 5
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