2015 -- H 5620

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LC001132

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

     Introduced By: Representatives Roberts, Nardolillo, Costa, Morgan, and Giarrusso

     Date Introduced: February 25, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-34.1-7 of the General Laws in Chapter 11-34.1 entitled

"Commercial Sexual Activity" is hereby amended to read as follows:

     11-34.1-7. Pandering or permitting prostitution -- Not allowed. -- (a) It shall be

unlawful for any person, by any promise or threat, by abuse of person, or by any other device or

scheme, to cause, induce, persuade, or encourage a person to become a prostitute or to come into

this state or leave this state for the purpose of prostitution. It shall be unlawful for any person to

receive or give, or agree to receive or give, any money or thing of value for procuring or

attempting to procure any person to become a prostitute or to come into this state or leave this

state for the purpose of prostitution.

      (b) It shall be unlawful for any person, including, but not limited to, landlords, business

owners, and managers of any business, to knowingly permit, allow, transport, or offer or agree to

receive any person into any place, structure, house, building, room, or business for the purpose of

committing any commercial sexual activity, or knowingly permit any person to remain in the

premises for those purposes, or to, in any way, aid or abet or participate in any of the acts or

things enumerated in this chapter. Any person, including, but not limited to, landlords, business

owners, and managers of any business, knowing a person to be a prostitute, who shall live or

derive support or maintenance, in whole or in part, from the earnings or proceeds of commercial

sexual activity, from moneys loaned, advanced to, or charged against the prostitute by a landlord,

manager, owner of a spa or business, or any other place where commercial sexual activity is

practiced or allowed, or who shall share in the earnings, proceeds, or moneys shall be guilty of

the crime of permitting prostitution.

      (c) Every person who commits any of the offenses described in subsection (a) of this

section, or who assists, abets, or aids another to commit any of those offenses, shall be guilty of

pandering. For the first offense, that person shall be punished by imprisonment for not less than

one year and not more than five (5) years and a fine of not less than two thousand dollars

($2,000), nor more than five thousand dollars ($5,000). For every subsequent offense, that person

shall be punished by imprisonment for not less than three (3) years and not more than ten (10)

years and a fine of not less than five thousand dollars ($5,000), nor more than ten thousand

dollars ($10,000).

      (d) Any proceeds derived directly from a violation of this section are subject to seizure

and forfeiture and further proceedings shall be required for their forfeiture as is prescribed by law

in chapter 21 of title 12.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

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     This act would include landlords, business owners, and business managers in the category

of persons who may be charged with the crime of knowingly allowing prostitution or sharing in

the earnings, proceeds, or any money derived from prostitution.

     This act would take effect upon passage.

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