1 | 1 | | BILL AS INTRODUCED H.190 |
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5 | 5 | | VT LEG #379995 v.1 |
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6 | 6 | | H.190 1 |
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7 | 7 | | Introduced by Representatives Headrick of Burlington, Logan of Burlington, 2 |
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8 | 8 | | Priestley of Bradford, and Rachelson of Burlington 3 |
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9 | 9 | | Referred to Committee on 4 |
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10 | 10 | | Date: 5 |
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11 | 11 | | Subject: Crimes and criminal procedure; prostitution 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to repeal the 7 |
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13 | 13 | | prostitution laws that currently prohibit “indiscriminate sexual intercourse” and 8 |
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14 | 14 | | consensual engagement in sex work for hire by adults while retaining 9 |
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15 | 15 | | prohibitions and felony criminal penalties for human trafficking of persons 10 |
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16 | 16 | | who are compelled through force, fraud, or coercion to engage in sex work. 11 |
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17 | 17 | | An act relating to voluntary engagement in sex work 12 |
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18 | 18 | | It is hereby enacted by the General Assembly of the State of Vermont: 13 |
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19 | 19 | | Sec. 1. LEGISLATIVE INTENT AND FINDINGS 14 |
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20 | 20 | | (a) The majority of Vermont’s laws on prostitution were adopted more than 15 |
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21 | 21 | | 100 years ago and have remained largely unchanged since that time. 16 |
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22 | 22 | | (b) Under current Vermont law, the term “prostitution” includes “the 17 |
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23 | 23 | | offering or receiving of the body for sexual intercourse for hire and shall also 18 |
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24 | 24 | | be construed to include the offering or receiving of the body for indiscriminate 19 |
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25 | 25 | | sexual intercourse without hire.” 20 BILL AS INTRODUCED H.190 |
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30 | 30 | | (c) These laws reflect the social mores of the early 1900s, criminalizing not 1 |
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31 | 31 | | only voluntary sex work but sexual activity outside marriage, and no longer 2 |
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32 | 32 | | reflect Vermont’s commitment to personal and bodily autonomy. 3 |
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33 | 33 | | (d) Data has consistently shown that the criminalization of voluntary sex 4 |
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34 | 34 | | work is associated with increased risk of sexual and physical violence from 5 |
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35 | 35 | | clients, domestic partners, or other parties; increased risk of HIV and other 6 |
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36 | 36 | | sexually transmitted infections; and a disruption of sex workers’ support 7 |
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37 | 37 | | networks, workplace safety, and risk reduction strategies, resulting in reduced 8 |
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38 | 38 | | physical and emotional health for sex workers. 9 |
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39 | 39 | | (e) A 2018 Johns Hopkins Bloomberg School of Public Health meta-10 |
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40 | 40 | | analysis reviewed over 130 studies conducted over 30 years, synthesizing 11 |
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41 | 41 | | evidence on the extent to which sex work laws and policing practices affect sex 12 |
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42 | 42 | | workers’ safety, health, and access to services, and the pathways through 13 |
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43 | 43 | | which these effects occur. The study concluded “the qualitative and 14 |
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44 | 44 | | quantitative evidence demonstrate the extensive harms associated with 15 |
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45 | 45 | | criminalization of sex work, including laws and enforcement targeting the sale 16 |
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46 | 46 | | and purchase of sex, and activities relating to sex work organization. There is 17 |
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47 | 47 | | an urgent need to reform sex-work-related laws and institutional practices so as 18 |
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48 | 48 | | to reduce harms and barriers to the realization of health.” 19 |
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49 | 49 | | (f) It is the intent of the General Assembly to repeal the laws prohibiting 20 |
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50 | 50 | | “indiscriminate” sex and voluntary sex work between consenting adults while 21 BILL AS INTRODUCED H.190 |
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54 | 54 | | VT LEG #379995 v.1 |
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55 | 55 | | retaining strict prohibitions and criminal penalties for human trafficking of 1 |
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56 | 56 | | persons for sex work. 2 |
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57 | 57 | | (g)(1) Pursuant to 13 V.S.A. chapter 60, it is illegal to: 3 |
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58 | 58 | | (A) recruit, entice, harbor, transport, provide, or obtain by any means 4 |
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59 | 59 | | a person under 18 years of age for the purpose of having the person engage in a 5 |
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60 | 60 | | commercial sex act; 6 |
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61 | 61 | | (B) recruit, entice, harbor, transport, provide, or obtain any person 7 |
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62 | 62 | | through force, fraud, or coercion for the purpose of having the person engage 8 |
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63 | 63 | | in a commercial sex act or compel any person through force, fraud, or coercion 9 |
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64 | 64 | | to engage in a commercial sex act; and 10 |
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65 | 65 | | (C) patronize a person under 18 years of age for a commercial sex act 11 |
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66 | 66 | | or patronize any person for a commercial sex act who is being compelled 12 |
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67 | 67 | | through force, fraud, or coercion to engage in a commercial sex act. 13 |
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68 | 68 | | (2) “Coercion” as it applies to compelling a person to engage in a 14 |
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69 | 69 | | commercial sex act means: 15 |
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70 | 70 | | (A) the threat of serious harm, including physical or financial harm to 16 |
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71 | 71 | | or physical restraint against any person; 17 |
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72 | 72 | | (B) any scheme, plan, or pattern intended to cause a person to believe 18 |
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73 | 73 | | that failure to perform an act would result in serious bodily or financial harm to 19 |
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74 | 74 | | or physical restraint of any person; 20 BILL AS INTRODUCED H.190 |
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79 | 79 | | (C) the abuse or threatened abuse of law or the legal process; 1 |
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80 | 80 | | (D) withholding, destroying, or confiscating any actual or purported 2 |
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81 | 81 | | passport, immigration document, or any other government identification 3 |
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82 | 82 | | document of another person; 4 |
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83 | 83 | | (E) providing a drug, including alcohol, to another person with the 5 |
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84 | 84 | | intent to impair the person’s judgment or maintain a state of chemical 6 |
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85 | 85 | | dependence; 7 |
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86 | 86 | | (F) wrongfully taking, obtaining, or withholding any property of 8 |
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87 | 87 | | another person; 9 |
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88 | 88 | | (G) blackmail; 10 |
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89 | 89 | | (H) asserting control over the finances of another person; 11 |
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90 | 90 | | (I) debt bondage; or 12 |
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91 | 91 | | (J) withholding or threatening to withhold food or medication. 13 |
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92 | 92 | | (h) Penalties for offenses relating to human trafficking range from a 14 |
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93 | 93 | | maximum of five years imprisonment (facilitation of human trafficking) to a 15 |
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94 | 94 | | mandatory 20 years to life imprisonment (aggravated trafficking). 16 |
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95 | 95 | | Sec. 2. REPEAL 17 |
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96 | 96 | | 13 V.S.A. chapter 59, subchapter 2 (prostitution) is repealed. 18 |
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97 | 97 | | Sec. 3. EFFECTIVE DATE 19 |
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98 | 98 | | This act shall take effect on passage. 20 |
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