The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offenses of prostitution and compelling prostitution or child sexual exploitation. Under the provisions of the bill, a child would not be referred to juvenile court and a person younger than 17 years at commission of offense would not be prosecuted for certain conduct related to prostitution. Additionally, causing by any means a child younger than 18 years to engage in sexual conduct for a fee in certain circumstances would be considered child sexual exploitation.  Under existing statute, the prostitution offenses specified in the bill is punishable as a felony or misdemeanor depending on the circumstances and number of previous convictions. 

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.

Prohibiting the prosecution of certain persons is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed onto supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 153 people were arrested, 54 were placed onto felony direct community supervision, and 119 were admitted into a state correctional institution under existing statute for the prostitution offense modified in the bill. After removing those individuals 17 years or older at offense, the remaining population would not a have a significant population impact. From fiscal years 2018 through 2020, an average of 13 people were arrested and fewer than ten were placed onto direct community supervision or admitted into a state correctional institution for compelling prostitution of a child younger than 18 years under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.