These States Are Moving in the Wrong Direction on Prostitution Laws
The arc of history is weird: Here we are, over 50 years after whatever it was that people call the sexual revolution, long past the anti-porn crusade of the late 20th century, a few decades out from third-wave feminists embracing sex positivity and slut walks, and well into an age of hookup apps, OnlyFans, and a movie about a stripper who sleeps her way into the heart of a Russian oligarch’s son just winning the Best Picture Oscar. But states keep escalating law enforcement attacks on prostitution, with bipartisan support, and lawmakers won’t stop putting out proposals to ratchet up penalties for people who pay for sex.
So far this year, at least 12 states are considering increased penalties for solicitation, with many of these proposals aimed at moving it from a misdemeanor to a felony. Some would rechristen the crime solicitation of prostitution as “commercial sexual exploitation,” and others would make those convicted of solicitation register as sex offenders.
‘Ending Demand’
These bills have generally been introduced under the guise of stopping sex trafficking.
Lawmakers across the country seem smitten by the idea that harsher punishments for folks attempting to pay for sex with another consenting adult will somehow “end demand” for paid sex, thereby ensuring that neither consenting adult sex workers nor anyone underage and/or coerced into prostitution will have customers.
It’s a stupid theory that utterly failed when Ronald Reagan pushed a version of it as part of the war on drugs. Targeting illicit drug buyers, rather than drug sellers, certainly didn’t “end demand” for illicit substances, and targeting prostitution customers isn’t going to “end demand” for paid sex.
That it won’t work is only one issue with ramping up penalties for sex work customers, of course. It’s also unfair to those targeted, who do not deserve to face jail time, hefty fines, and being treated like dangerous sex criminals. And it could make life more dangerous for those selling sex—whether they’re doing so solely by choice or under duress of some sort.
Rabidly targeting customers could reduce the pool of good clients and/or make customers less likely to engage in screening measures, digital communication, and other things that can make sex work safer. Making customers harder to find and communicate with makes it harder for sex workers to work independently and increases reliance on pimps and vulnerability to violent or exploitative traffickers. All the while, criminal justice systems that could go to stopping abusive situations are being utilized to throw the book at men who proposition undercover cops for sex.
“Conflating sex work with trafficking wastes vital law enforcement resources,” said Ariela Moscowitz, communications director for the group Decriminalize Sex Work (DSW), in a statement. “By diverting time and funding to prosecute consensual adult sex work, the ability to focus on real trafficking cases is hindered, allowing true exploitation to go unaddressed.”
‘Commercial Sexual Exploitation’ and ‘Loitering With the Intent’ To Purchase Sex
DSW has a handy rundown of many of the state proposals, which include measures in California, Idaho, Kansas, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, Oklahoma, South Carolina, Virginia, and Washington.
An Idaho proposal—House Bill 88, which already passed the House 50–19—would make soliciting prostitution a felony, punishable by up to five years in prison and/or a fine of up to $50,000.
A bill in Oklahoma would change engaging in “prostitution, lewdness, or assignation” from a misdemeanor offense to a felony, punishable by up to two years in state prison (up from a previous possible punishment of 30 days to one year in county jail). The measure, which would mean greater penalties for both sex workers and their customers, as well as anyone engaged in “lascivious, lustful or licentious conduct,” passed the Senate Public Safety Committee 6–2 but has not had a full vote yet.
Nevada Assembly Bill 151 would make people found guilty of soliciting prostitution register as sex offenders.
In Washington, House Bill 1265 would rephrase “patronizing a prostitute” to “commercial sexual exploitation” and broaden its definition, making it applicable to not just paying, agreeing to pay, or offering to pay “a fee” for sexual activity but providing, agreeing to provide, or offering “anything of value” in exchange for it. It would also change the crime from a misdemeanor to a class C felony, punishable by up to five years in prison and/or a fine of up to $10,000.
Like the bill in Washington, Nebraska Legislative Bill 511 would rename the offense of “solicitation of prostitution”—a pretty neutral name that simply describes the action in question—to the more judgment-laden “commercial sexual exploitation.” It would also raise the mandatory minimum fine for first-time offenders from $250 to $1,000 and make those convinced get a mental health evaluation and attend “an educational program designed to educate participants on the negative effects
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