ASSEMBLY, No. 5304

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 10, 2025

 

 

Sponsored by:

Assemblywoman  ELLEN J. PARK

District 37 (Bergen)

Assemblywoman  ANDREA KATZ

District 8 (Atlantic and Burlington)

Assemblywoman  CARMEN THERESA MORALES

District 34 (Essex)

 

 

 

 

SYNOPSIS

     Upgrades penalties for certain prostitution crimes; creates crimes of leader of prostitution network and participant in prostitution network.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Actconcerning prostitution, amending N.J.S.2C:34-1 and N.J.S.2C:43-12, and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. N.J.S.2C:34-1 is amended to read as follows:

     2C:34-1.  Prostitution and Related Offenses.

     a.     As used in this section:

     "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

     "Promoting prostitution" is:

     (1)   Owning, controlling, managing, supervising, or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

     (2)   Procuring a prostitute for a house of prostitution or place in a house of prostitution for one who would be a prostitute;

     (3)   Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

     (4)   Soliciting a person to patronize a prostitute;

     (5)   Procuring a prostitute for a patron;

     (6)   Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

     (7)   Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

     [(1)] "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

     [(2)] "Sexual activity" includes, but is not limited to, whether between persons of the same or opposite sex, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact[, whether between persons of the same or opposite sex]; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

     [(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

     (4)   "Promoting prostitution" is:

     (a)   Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

     (b)   Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

     (c)   Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

     (d)   Soliciting a person to patronize a prostitute;

     (e)   Procuring a prostitute for a patron;

     (f)   Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

     (g)   Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.]

     b.    A person commits an offense if:

     (1)   The actor engages in prostitution as a patron;

     (2)   The actor promotes prostitution;

     (3)   The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;

     (4)   The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;

     (5)   The actor compels another to engage in or promote prostitution;

     (6)   The actor promotes prostitution of the actor's spouse;

     (7)   The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or

     (8)   The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value.

     c.     Grading of offenses under subsection b.

     (1)   An offense under paragraphs (3) or (4) of subsection b. constitutes a crime of the first degree [if the offense falls within paragraph (3) or (4) of that subsection].

     (2)   An offense under paragraph (7) of subsection b. constitutes a crime of the second degree [if the offense falls within paragraph (7) of that subsection].

     (3)   An offense under paragraphs (5) or (6) of subsection b. constitutes a crime of the [third degree if the offense falls within paragraph (5) or (6) of that subsection] second degree.  A defendant sentenced under this paragraph shall be sentenced to a term of imprisonment.  The term of imprisonment shall include  a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant shall not be eligible for parole.

     (4)   An offense under paragraph (2) of subsection b. constitutes a crime of the [third] second degree [if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree]. A defendant sentenced under this paragraph shall be sentenced to a term of imprisonment. The term of imprisonment shall include a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant shall not be eligible for parole.

     (5)   An offense under paragraph (1) of subsection b. constitutes a [disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense] constitutes a crime of the fourth degree, [and] except that a fourth or subsequent conviction [for such an offense] constitutes a crime of the third degree. 

     In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State.  Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.

     (6)   An offense under paragraph (8) of subsection b. constitutes a disorderly persons offense [if the offense falls within paragraph (8) of that subsection], except that a second or subsequent conviction [for such an offense] constitutes a crime of the fourth degree.

     d.    Presumption from living off prostitutes.  A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

     e.     It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age.

     f.     (1)  Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed.

     (2)   In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000.  All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).

(cf: P.L.2013, c.51, s.9)

 

     2.    (New section) a. A person is a leader of a prostitution network if the person conspires with others as an organizer, supervisor, financier, manager, or recruiter to effectuate the violation of subsection b. of N.J.S.2C:34-1 or to engage for profit in a scheme or course of conduct that allows the person to be supported in whole or substantial part by the proceeds of prostitution. 

     A person who is a leader of prostitution network is guilty of a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $250,000 or five times the profit seized from the defendant in connection with the prostitution network at the time of the arrest, whichever is greater.

     b.    A person is a participant in a prostitution network if the person conspires with others as a participant, reports to or takes general direction from another, and engages for profit or commits other criminal activity in a scheme or course of conduct to facilitate the violation of subsection b. of N.J.S.2C:34-1.  A person who is a participant in a prostitution network is guilty of a crime of the third degree.

     c.     Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of prostitution network or participant in a prostitution network shall not merge with the conviction for any offense which is the object of the conspiracy.  Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any other offense.

     d.    It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized.  The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and expenditures in relation to the actor's legitimate sources of income, the number of persons engaged in prostitution, or the amount of cash or currency involved.

     e.     (1) It shall not be a defense to a prosecution under subsection a. of this section that persons engaged in prostitution were brought into or transported in this State solely for ultimate transportation to another jurisdiction where prostitution is lawful; nor shall it be a defense that any profit was intended to be made in another jurisdiction.

     (2) It shall be an affirmative defense to a prosecution under subsection b. of this section that, during the time of the alleged commission of the offense created by subsection b. of this section, the defendant was a victim of human trafficking.

 

     3. N.J.S.2C:43-12 is amended to read as follows:

     2C:43-12.  Supervisory Treatment--Pretrial Intervention.

     a. Public policy. The purpose of N.J.S.2C:43-12 through N.J.S.2C:43-22 is to effectuate a Statewide program of Pretrial Intervention. It is the policy of the State of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would:

     (1) Provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or

     (2) Provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or

     (3) Provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with "victimless" offenses, other than defendants who were public officers or employees charged with offenses that involved or touched their office or employment; or

     (4) Provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or

     (5) Provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.

     b. (1) Admission of an applicant into a program of supervisory treatment shall be measured according to the applicant's amenability to correction, responsiveness to rehabilitation and the nature of the offense.

     (2) There shall be a presumption against admission into a program of supervisory treatment for:

     (a) a defendant who was a public officer or employee whose offense involved or touched upon his public office or employment; [and]

     (b) a defendant charged with any crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the crime or offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or if the crime or offense charged involved violence or the threat of violence. For purposes of this subparagraph, a crime or offense involves violence or the threat of violence if the victim sustains serious or significant bodily injury as defined in subsection b. or d. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious or significant bodily injury; and

     (c) a defendant charged with any crime or offense pursuant to paragraphs (1), (2), (3), (4), (5), (6), or (7) of subsection b. of N.J.S.2C:34-1 or section 2 of P.L.     , c    (C.          )(pending before the Legislature as this bill).

     c.     The decision and reasons therefor made by the designated judges (or assignment judges), prosecutors and program directors in granting or denying applications for supervisory treatment, in recommending and ordering termination from the program or dismissal of charges, in all cases shall be reduced to writing and disclosed to the applicant.

     d.    If an applicant desires to challenge the decision of the prosecutor or program director not to recommend enrollment in a program of supervisory treatment the proceedings prescribed under N.J.S.2C:43-14 and in accordance with the Rules of Court shall be followed.

     e.     Referral. At any time prior to trial but after the filing of a criminal complaint, or the filing of an accusation or the return of an indictment, with the consent of the prosecutor and upon written recommendation of the program director, the assignment judge or a judge designated by him may postpone all further proceedings against an applicant and refer said applicant to a program of supervisory treatment approved by the Supreme Court. Prosecutors and program directors shall consider in formulating their recommendation of an applicant's participation in a supervisory treatment program, among others, the following criteria:

     (1) The nature of the offense;

     (2) The facts of the case;

     (3) The motivation and age of the defendant;

     (4) The desire of the complainant or victim to forego prosecution;

     (5) The existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment;

     (6) The likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment;

     (7) The needs and interests of the victim and society;

     (8) The extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior;

     (9) The applicant's record of criminal and penal violations and the extent to which he may present a substantial danger to others;

     (10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior;

     (11) Consideration of whether or not prosecution would exacerbate the social problem that led to the applicant's criminal act;

     (12) The history of the use of physical violence toward others;

     (13) Any involvement of the applicant with organized crime;

     (14) Whether or not the crime is of such a nature that the value of supervisory treatment would be outweighed by the public need for prosecution;

     (15) Whether or not the applicant's involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures;

     (16) Whether or not the applicant's participation in pretrial intervention will adversely affect the prosecution of codefendants; and

     (17) Whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.

     The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant's participation in a supervisory treatment program, shall give due consideration to the victim's position on whether the defendant should be admitted.

     f.     Review of Supervisory Treatment Applications; Procedure Upon Denial. Each applicant for supervisory treatment shall be entitled to full and fair consideration of his application. If an application is denied, the program director or the prosecutor shall precisely state his findings and conclusion which shall include the facts upon which the application is based and the reasons offered for the denial. If the applicant desires to challenge the decision of a program director not to recommend, or of a prosecutor not to consent to, enrollment into a supervisory treatment program, a motion shall be filed before the designated judge (or assignment judge) authorized pursuant to the Rules of Court to enter orders.

     g.    Limitations. (1) Supervisory treatment may occur only once with respect to any defendant and any person who has previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), a conditional discharge pursuant to N.J.S.2C:36A-1, a conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or was granted a dismissal due to successful participation in the Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), or the Mental Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 et al.), shall not be eligible for supervisory treatment under this section.

     (2) Except as otherwise provided in paragraph (3) of this subsection, supervisory treatment, as provided herein, shall be available to a defendant irrespective of whether the defendant contests his guilt of the charge or charges against him.

     (3) Admission into supervisory treatment shall be available to the following defendants only upon entering a plea of guilty:

     (a) a defendant charged with a first or second degree crime;

     (b) a defendant charged with any crime if the defendant had previously been convicted of a first or second degree crime; (c) a defendant charged with a third or fourth degree crime involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or (d) a defendant charged with any disorderly persons or petty disorderly persons offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.).

     For any such defendant, following the plea of guilty the plea shall be held in an inactive status pending termination of supervisory treatment pursuant to subsection d. or e. of N.J.S.2C:43-13. Upon successful completion of the program of supervisory treatment the charges shall be dismissed.

     h.    Termination. Termination of supervisory treatment under this section shall be immediately reported to the assignment judge of the county who shall forward such information to the Administrative Director of the Courts.

     i.     Appointment of Program Directors; Authorized Referrals. Programs of supervisory treatment and appointment of the program directors require approval by the Supreme Court with the consent of the assignment judge and prosecutor. Referrals of participants from supervisory treatment programs may be to any public or private office or agency, including but not limited to, programs within the probation service of the court, offering counseling or any other social service likely to aid in the rehabilitation of the participant and to deter the commission of other offenses.

     j.     Health Care Professional Licensing Board Notification. The program director shall promptly notify the State Board of Medical Examiners when a State licensed physician or podiatrist has been enrolled in a supervisory treatment program after he has been charged with an offense involving drugs or alcohol.

     The Attorney General shall develop guidelines to ensure the uniform exercise of discretion by prosecutors in formulating their recommendations on participation in a supervisory treatment program by an applicant charged with a crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19).

(cf: P.L.2023, c.188, s.12)

 

     4. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill upgrades certain crimes related to prostitution and creates the crimes of leader of a prostitution network and participant in a prostitution network.

     The bill upgrades the criminal penalties for the promotion of prostitution to a crime of the second degree and imposes a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant would not be eligible for parole.  Under current law, all crimes under the umbrella of promotion of prostitution are crimes of the third degree, except the crimes of soliciting a person to patronize a prostitute and procuring a prostitute for a patron, which are crimes of the fourth degree. 

     The bill also upgrades the criminal penalties for compelling another to engage in or promote prostitution and promoting prostitution of one's spouse from crimes of the third degree to crimes of the second degree, and imposes a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant would not be eligible for parole.

     The bill creates two new crimes: (1) leader of a prostitution network, a crime of the second degree; and (2) participant in a prostitution network, a crime of the third degree.  The bill provides that it is an affirmative defense to the crime of participant in a prostitution network that the defendant was a victim of human trafficking during the commission of the crime.

     A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to 6 months, a fine of up to $1,000, or both.  A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  A crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.  A crime of the second degree is ordinarily punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. 

     Under the bill, crimes related to prostitution, with the exception of engaging in prostitution as a prostitute, would be ineligible for admission into the Pretrial Intervention Program.

     This bill is in response to the State Commission of Investigation report released on October 17, 2024, entitled "An Inquiry into Human Trafficking Activity in the Massage and Bodywork Therapy Industry in New Jersey."