Senators KIMBRELL, DEVINE, BLACKMON, KENNEDY, LEBER, and WALKER proposes the following amendment (SJ-235.SW0008S):
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90 and inserting:
(10) Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited; or(11)(5) Aidaid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.
(C) In the prosecution or adjudication of a person who is charged with a violation of this section, it is an affirmative defense to those charges that the person charged committed the violation under duress or was coerced into committing the violation as a result of being the victim of trafficking in personsif, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense.
(D) A person who at the time that the person violated this section was a minor at the time this section was violated may shall not be prosecuted pursuant to this section if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense.
(E) A person who violates this section is guilty of a felony and must be imprisoned for not more than five years. misdemeanor, and upon conviction, must be punished as follows:
(1) for a first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;
(2) for a second offense, a fine not exceeding one thousand dollars or confinement in prison for a period of not more than ninety days, or both; or
(3) for a third or any subsequent offense, a fine not exceeding three thousand dollars or confinement for a period of not less than one year, or both.
Section 16-15-100. (A) For the purposes of this section:
(1) "Prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value.
(2) "Sexual grooming" means a person's attempt to gradually establish an emotional connection with a minor or members of a minor's family to lessen the minor's inhibitions to engaging in sexual activities with or at the direction of the person.
(B) It shall further be unlawful to:
(1) Procure a female inmate for a house of prostitution ;
(2) (1) procure, recruit, sexually groom, cause, Cause, induce, persuade or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to come into or leave this State or to enter, remain, or reside an inmate ofin a house ofplace, structure, building, vehicle, trailer, or conveyance for the purpose of prostitution;
(3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;
(4)(2) Receive recieve receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any female person to become a prostitute or an inmate in a house of prostitution;
(5)(3) Accept accept or receive knowingly any money or other thing of value without consideration from a prostitute; or
(6)(4) keep or set up a trailer, place, structure, or building, or any other conveyance to facilitate prostitution;
(7)(5) receive any person for purposes of prostitution into any vehicle, conveyance, trailer, place, structure, or building;
(8)(6) permit any person to remain for the purpose of prostitution in any vehicle, conveyance, trailer, place, structure, or building;
(9)(7) direct, take, or transport, offer or agree to direct, take or transport, or aid or assist in directing, taking, or transporting any person to any vehicle, conveyance, trailer, place, structure, or building or to any other person with knowledge of or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution;
(10)(8) lease or rent, or contract to lease or rent, any vehicle, conveyance, trailer, place, structure, or building or part thereof believing or having reasonable cause to believe that it is intended to be used for prostitution;
(11)(9) promote, market, or advertise prostitution on a media platform accessible to the public, including, but not limited to, social media platforms; or
(6)(12)(10) Aid,aid, abet or participate knowingly in the doing of any of the acts herein prohibited.
(C) A person who violates this section is guilty of a felony and must be imprisoned for not more than five years.A person who violates this section must be punished as follows:
(1) for a first offense, a fine not exceeding one thousand dollars or confinement in prison for a period of not more than sixty days;
(2) for a second offense, a fine not exceeding three thousand dollars or confinement in prison for a period of not more than one hundred eighty days, or both; or
(3) for a third or any subsequent offense, a fine not exceeding ten thousand dollars or confinement in prison for a period of not less than five years, or both.
Amend the bill further, SECTION 1, by striking Section 16-15-110 and inserting:
(3) for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.(B) It is unlawful for a person to solicit, induce, entice, or offer money or anything of value to a prostituted person for the purpose of engaging in prostitution.
(C) A person who violates this section is guilty of a felony and must be imprisoned for not more than five years.A person who violates this section must be punished as follows:
(1) for a first offense, a fine not exceeding one thousand dollars or confinement in prison for a period of not more than sixty days;
(2) for a second offense, a fine not exceeding three thousand dollars or confinement in prison for a period of not more than one hundred eighty days, or both; or
(3) for a third or any subsequent offense, a fine not exceeding ten thousand dollars or confinement in prison for a period of not less than five years, or both.
Renumber sections to conform.
Amend title to conform.