HOUSE BILL NO. 5655

March 12, 2020, Introduced by Reps. Farrington, Rendon, Calley, Bollin, Glenn, Afendoulis, Kahle, Bellino, Filler, Allor, Whitsett, Hammoud, Yaroch, Crawford, Alexander and Cambensy and referred to the Committee on Judiciary.

"The Michigan penal code,"

by amending the heading of chapter LXVII and sections 448, 449, 450, 452, 454, 455, 456, 457, 458, 459, 460, and 462 (MCL 750.448, 750.449, 750.450, 750.452, 750.454, 750.455, 750.456, 750.457, 750.458, 750.459, 750.460, and 750.462), section 448 as amended by 2002 PA 45, sections 449 and 462 as amended by 2002 PA 46, section 450 as amended by 2014 PA 326, sections 452, 455, 456, 457, 458, and 460 as amended by 2014 PA 331, section 454 as amended by 2002 PA 672, and section 459 as amended by 2016 PA 485; and to repeal acts and parts of acts.

the people of the state of michigan enact:

CHAPTER LXVII

PROSTITUTIONCOMMERCIAL SEXUAL ACTIVITY

Sec. 448. A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.As used in this chapter, "commercial sexual activity" means that term as defined in section 462a.

Sec. 449. (1) A Except as provided in subsection (2), a person 16 years of age or older who receives or admits or offers to receive or admit a person into a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or who knowingly permits a person to remain in a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, provides or offers to provide a commercial sexual activity is guilty of a crime punishable as provided in section 451.

(2) If the person's actions that violated subsection (1) were a direct result of being a victim of human trafficking under chapter LXVIIA or if the person's actions were caused, induced, persuaded, encouraged, or enticed by a promise or threat, violence, or any device or scheme in violation of section 455 the person must be assessed for a deferral under section 451c.

Sec. 450. (1) A person 16 years of age or older who aids, assists, or abets another person to commit or offer to commit an act prohibited under section 448, 449, or 449a is guilty of a crime punishable as provided in section 451.Except as provided in subsection (2), a person who obtains or offers to obtain a commercial sexual activity is guilty of a crime punishable as provided in section 451. A person who is convicted of violating this section is subject to part 52 of the public health code, 1978 PA 368, MCL 333.5201 to 333.5210.

(2) A person who obtains or offers to obtain commercial sexual activity from a person who is less than 18 years of age is guilty of a crime punishable as provided in section 451.

Sec. 452. A person who keeps, maintains, or operates, or aids and abets in keeping, maintaining, or operating, a house of ill-fame, bawdy house, or any house or other place resorted to for the purpose of prostitution or lewdness commercial sexual activity is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000.00, or both.

Sec. 454. Any person who shall let any dwelling rents a house, room, or vehicle knowing that the lessee person to whom the house, room, or vehicle is rented intends to use it as a house of ill-fame or place of resort for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, for commercial sexual activity, or who shall knowingly permit such lessee to use the same for such purpose, permits the person to whom the house, room, or vehicle was rented to use the house, room, or vehicle for commercial sexual activity, or who shall receive any receives rent or any other consideration for any dwelling, house, room, or apartment which is vehicle that is used as a house of ill-fame or place of resort for prostitutes, or for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, having reasonable cause to believe such house, room, or apartment is used for any such purpose, for commercial sexual activity is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00. However, no a person shall be is not liable for receiving rent as aforesaid under this section for any period prior to the time when before he or she has had reasonable cause to believe that such the house, room, or apartment vehicle is used for any such purpose.commercial sexual activity.

Sec. 455. A person who does any of the following is guilty of a felony punishable by imprisonment for not more than 20 years:

(a) Procures an inmate for a house of prostitution.occupant for a house, vehicle, or other place in which commercial sexual activity is practiced, encouraged, or allowed.

(b) Induces, persuades, encourages, inveigles, or entices a person to become a prostitute.provider of commercial sexual activity.

(c) By promise, threat, or violence, or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles, or entices a person to become an inmate of a house, of prostitution or assignation place vehicle, or any other place where prostitution in which commercial sexual activity is practiced, encouraged, or allowed.

(d) By any promise or threat, or by violence or any device or scheme, causes, induces, persuades, encourages, inveigles, or entices an inmate occupant of a house, of prostitution vehicle, or other place of assignation in which commercial sexual activity is practiced, encouraged, or allowed to remain there as an inmate. occupant.

(e) By any promise or threat, or by violence, any device or scheme, fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages, or procures any person to engage in prostitution. provide commercial sexual activity.

(f) Inveigles, entices, Entices, persuades, encourages, or procures any person to come into this state or to leave this state for the purpose of prostitution.providing commercial sexual activity.

(g) Upon the pretense of marriage, takes or detains a person for the purpose of sexual intercourse.

(h) Receives or gives, or agrees to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute provide commercial sexual activity or to come into this state or leave this state for the purpose of prostitution.a commercial sexual activity.

Sec. 456. Any person who by force, fraud, intimidation, or threat places or leaves, or procures any other person to place or leave, his or her spouse in a house, of prostitution or to lead a life of prostitution, vehicle, or other place in which commercial sexual activity is practiced, encouraged, or allowed or to provide commercial sexual activity is guilty of a felony punishable by imprisonment for not more than 20 years.

Sec. 457. (1) Any person who knowingly accepts, receives, levies, or appropriates any money or valuable thing without consideration from the proceeds of the earnings of any person engaged in prostitution, providing commercial sexual activity, or any person, knowing a person to be a prostitute, providing commercial sexual activity, who lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of a prostitute, person providing commercial sexual activity, or from money loaned or advanced to or charged against a prostitute person providing commercial sexual activity by any keeper or manager or inmate occupant of a house, vehicle, or other place where prostitution in which commercial sexual activity is practiced, encouraged, or allowed, is guilty of a felony punishable by imprisonment for not more than 20 years.

(2) The acceptance, receipt, levy, or appropriation of money or any thing of value described in subsection (1) is presumptive evidence of lack of consideration.

Sec. 458. Any person who attempts to detain any another person in a disorderly house, vehicle, or house of prostitution other place in which commercial sexual activity is practiced, encouraged, or allowed because of any a debt or debts the other person has contracted, or is said to have contracted while living in that house, there is guilty of a felony punishable by imprisonment for not less than 2 years or more than 20 years.

Sec. 459. (1) A person shall not knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, by any means of conveyance, into, through, or across this state, any person for the purpose of prostitution commercial sexual activity or with the intent and purpose to induce, entice, or compel that person to become a prostitute. provider of commercial sexual activity. A person who violates this subsection is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(2) A person shall not knowingly sell or offer to sell travel services that include or facilitate travel for the purpose of engaging in what conduct that would be a violation of this chapter, concerning prostitution, commercial sexual activity, or of chapter LXVIIA, concerning human trafficking, if the violation occurred in this state. Except as provided in subsection (3), a person who violates this subsection is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(3) If a person violates subsection (2) and the violation involves conduct against a minor, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

(4) A person who violates this section may be prosecuted, indicted, tried, and convicted in any county or city in or through which he or she shall transport transports or attempt attempts to transport any another person in violation of this section.

(5) As used in this section, "travel services" means transportation by air, sea, or ground, hotel or other lodging accommodations, package tours, or the provision of vouchers or coupons to be redeemed for future travel, or accommodations for a fee, commission, or other valuable consideration.

Sec. 460. (1) It is not a defense to a prosecution for a violation of this chapter that any part of that violation was committed outside this state.

(2) A person who violates this chapter may be tried and punished in any county in which the prostitution commercial sexual activity was intended to be practiced, or in which the offense was consummated, provided or obtained, or in which any overt act in furtherance of the offense was committed.

Sec. 462. A person who, for a purpose other than prostitution, commercial sexual activity, takes or conveys to, or employs, receives, detains, or allows a person 16 years of age or less to remain in, a house, of prostitution, house of ill-fame, bawdy-house, house of assignation, or any house vehicle, or other place for the resort of prostitutes or other disorderly persons in which commercial sexual activity is practiced, encouraged, or allowed is guilty of a crime punishable as provided in section 451.

Enacting section 1. Section 449a of the Michigan penal code, 1931 PA 328, MCL 750.449a, is repealed.