The provision of the bill that is the subject of this analysis would amend the Penal Code to enhance the punishment for the offense of compelling prostitution and sexual performance by a child to a felony of the first degree if the offenses involve a trafficked child.  Under current statute, compelling prostitution is punishable as a second degree felony and sexual performance by a child is punishable at various levels and is based on the age of the child.  The bill would also modify compelling prostitution to conform to the age of a child as it appears in the trafficking of persons section of the Penal Code.  

 
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000. 

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.

The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the provision of the bill, and the extent to which punishment would be enhanced under the proposed statute compared to existing statute.  For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.