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HB158 • 2026

Criminal law; crime of promoting prostitution, penalty increased; crime of soliciting prostitution, penalty increased for repeat violations and soliciting trafficking victims

Criminal law; crime of promoting prostitution, penalty increased; crime of soliciting prostitution, penalty increased for repeat violations and soliciting trafficking victims

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Bolton
Last action
2026-01-21
Official status
Read Second Time in House of Origin
Effective date
Not listed

Plain English Breakdown

The official text confirms the effective date is October 1, 2026, which matches the candidate explanation.

HB158: Increased Penalties for Prostitution Crimes

This bill increases the penalty for promoting prostitution to a Class D felony and adds stricter punishments, including jail time or felonies, for repeat soliciting offenses or when trafficking victims are involved.

What This Bill Does

  • Changes the crime of promoting prostitution in the third degree from a Class A misdemeanor to a Class D felony.
  • Requires that anyone convicted twice of soliciting prostitution must serve at least five days in county jail.
  • Increases the penalty for a third or later conviction of soliciting prostitution to a Class D felony with a minimum 30-day jail sentence.
  • Makes it a Class D felony if a person solicits someone who is a victim of human trafficking, even if they did not know that fact.

Who It Names or Affects

  • People accused of promoting or profiting from prostitution activities.
  • Individuals convicted multiple times for asking others to engage in sexual acts for money.
  • Persons who solicit victims of human trafficking for sex work.

Terms To Know

Class D felony
A serious crime that carries heavier penalties than a misdemeanor, including potential prison time and longer jail sentences.
Soliciting prostitution
Asking or trying to get someone to have sexual contact in exchange for money or something of value.
Trafficking victim
A person defined under Section 13A-6-151 as a victim of human trafficking.

Limits and Unknowns

  • The bill does not take effect until October 1, 2026.
  • The text defines the new penalties but does not explain how courts should handle cases that happened before this date.
  • The source material lists specific jail minimums for repeat offenses but does not list maximum prison terms.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

W1NTPE5-1

Judiciary

Reported Out of Committee House of Origin

Plain English: This amendment makes the crime of promoting prostitution a more serious felony and increases jail time for people who repeatedly ask others to perform sexual acts for money or target trafficking victims.

  • Promoting prostitution is now classified as a Class D felony instead of a less severe misdemeanor.
  • A person asking someone else to have sex for money faces longer mandatory jail sentences if they do it more than once, with at least five days in jail for a second offense and at least 30 days for a third or later offense.
  • Asking a trafficking victim to perform sexual acts is now automatically treated as a Class D felony crime.
  • It does not matter if the person asking did not know their target was a trafficking victim; they can still be punished under this new rule.
  • The text defines specific penalties but does not explain how courts will determine exactly when someone is considered to have 'profited' from prostitution.
  • The amendment states the law takes effect on October 1, 2026, so it does not apply to crimes committed before that date.

Bill History

  1. 2026-01-21 House

    Read for the Second Time and placed on the Calendar

  2. 2026-01-21 House

    Reported Out of Committee House of Origin

  3. 2026-01-13 House

    Pending Committee Action in House of Origin

  4. 2026-01-13 House

    Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Criminal law; crime of promoting prostitution, penalty increased; crime of soliciting prostitution, penalty increased for repeat violations and soliciting trafficking victims

Current Bill Text

Read the full stored bill text
HB158 INTRODUCED
Page 0
HB158
9J7VYMB-1
By Representative Bolton
RFD: Judiciary
First Read: 13-Jan-26
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9J7VYMB-1 01/06/2025 CMH (L)CMH 2025-3495
Page 1
First Read: 13-Jan-26
SYNOPSIS:
Under existing law, the crime of promoting
prostitution in the third degree is a Class A
misdemeanor.
This bill would increase the penalty to a Class
D felony.
Under existing law, the crime of soliciting
prostitution is a Class A misdemeanor.
This bill would provide that on a second
conviction, the person must serve a minimum of five
days in the county jail; and that on a third or
subsequent conviction, the penalty would be increased
to a Class D felony and the person must serve a minimum
of 30 days in the county jail.
This bill would also increase the penalty for
soliciting prostitution to a Class D felony if the
person solicited is a victim of human trafficking.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-12-113, 13A-12-121, and 13A-12-122, Code of Alabama 1975,
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HB158 INTRODUCED
Page 2
13A-12-113, 13A-12-121, and 13A-12-122, Code of Alabama 1975,
to increase the penalty for the crime of promoting
prostitution; and to increase the penalty for the crime of
soliciting prostitution under certain conditions, including
repeat violations and soliciting certain victims.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-113, 13A-12-121, and
13A-12-122, Code of Alabama 1975, are amended to read as
follows:
"§13A-12-113
(a) A person commits the crime of promoting
prostitution in the third degree if he or she knowingly
advances or profits from prostitution.
(b) Promoting prostitution in the third degree is a
Class A misdemeanor Class D felony ."
"§13A-12-121
(a) No person shall commit an act of prostitution as
defined in Section 13A-12-120.
(b)(1) No person shall solicit, compel, or coerce any
person to have sexual intercourse or participate in any
natural or unnatural sexual act, sodomy, or sexual contact for
monetary consideration or other thing of marketable value.
(2) A person who violates this subsection shall be
punished as follows:
a. On a first violation, the person shall be guilty of
a Class A misdemeanor.
b. On a second violation, the person shall be guilty of
a Class A misdemeanor and shall be sentenced to serve not less
than five days in the county jail.
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HB158 INTRODUCED
Page 3
than five days in the county jail.
c. On a third or subsequent violation, the person shall
be guilty of a Class D felony and shall be sentenced to serve
not less than 30 days in the county jail.
(3)a. If the person solicited, compelled, or coerced a
trafficking victim, as defined under Section 13A-6-151, to
engage in sexual intercourse, a sexual act, sodomy, or sexual
contact, the person shall be guilty of a Class D felony.
b. It is not a defense to prosecution under this
subdivision that the defendant did not know the victim was a
trafficking victim.
(c) No person shall agree to engage in sexual
intercourse, sodomy, or sexual contact with another or
participate in the act for monetary consideration or other
thing of marketable value and give or accept monetary
consideration or other thing of value in furtherance of the
agreement.
(d) No person shall knowingly do any of the following:
(1) Cause or aid a person to commit or engage in
prostitution.
(2) Procure or solicit patrons for prostitution.
(3) Provide persons or premises for prostitution
purposes.
(4) Receive or accept money or other thing of value
pursuant to a prior agreement with any person whereby he or
she participates or is to participate in the proceeds of any
prostitution activity.
(5) Operate or assist in the operation of a house of
prostitution or a prostitution enterprise."
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HB158 INTRODUCED
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prostitution or a prostitution enterprise."
"§13A-12-122
(a) Each Except as otherwise provided in Section
13A-12-121(b), each violation of Section 13A-12-121 is a Class
A misdemeanor.
(b) A violation of Section 13A-12-121.1 is a Class B
felony."
Section 2. This act shall become effective on October
1, 2026.
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