Upgrades penalties for certain prostitution crimes; creates crimes of leader of prostitution network and participant in prostitution network.

A1407

ASSEMBLY, No. 1407

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblywoman ANDREA KATZ

District 8 (Atlantic and Burlington)

Assemblywoman CARMEN THERESA MORALES

District 34 (Essex)

Co-Sponsored by:

Assemblywoman Fantasia, Assemblyman Karabinchak,
Assemblywomen McCoy and Murphy

SYNOPSIS

���� Upgrades penalties for certain prostitution crimes;
creates crimes of leader of prostitution network and participant in
prostitution network.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning prostitution, amending N.J.S.2C:34-1
and N.J.S.2C:43-12, and supplementing Title 2C of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. N.J.S.2C:34-1 is amended to
read as follows:

���� 2C:34-1.� Prostitution and
Related Offenses.

���� a.���� As used in this
section:

����
"House of
prostitution" is any place where prostitution or promotion of prostitution
is regularly carried on by one person under the control, management or
supervision of another.

����
"Promoting
prostitution" is:

����
(1)�� Owning, controlling,
managing, supervising, or otherwise keeping, alone or in association with
another, a house of prostitution or a prostitution business;

����
(2)�� Procuring a
prostitute for a house of prostitution or place in a house of prostitution for
one who would be a prostitute;

����
(3)�� Encouraging,
inducing, or otherwise purposely causing another to become or remain a
prostitute;

����
(4)�� Soliciting a person
to patronize a prostitute;

����
(5)�� Procuring a
prostitute for a patron;

����
(6)�� Transporting a person
into or within this State with purpose to promote that person's engaging in
prostitution, or procuring or paying for transportation with that purpose; or

����
(7)�� Knowingly leasing or
otherwise permitting a place controlled by the actor, alone or in association
with others, to be regularly used for prostitution or promotion of
prostitution, or failure to make a reasonable effort to abate such use by
ejecting the tenant, notifying law enforcement authorities, or other legally
available means.

����
[
(1)
]
"Prostitution" is
sexual activity with another person in exchange for something of economic
value, or the offer or acceptance of an offer to engage in sexual activity in
exchange for something of economic value.

����
[
(2)
]
"Sexual activity"
includes, but is not limited to,
whether between persons of the same or
opposite sex,
sexual intercourse, including genital-genital, oral-genital,
anal-genital, and oral-anal contact
[
,
whether between persons of the same or opposite sex
]
; masturbation; touching of the
genitals, buttocks, or female breasts; sadistic or masochistic abuse and other
deviate sexual relations.

����
[
(3) "House of
prostitution" is any place where prostitution or promotion of prostitution
is regularly carried on by one person under the control, management or
supervision of another.

���� (4)�� "Promoting
prostitution" is:

���� (a)�� Owning, controlling,
managing, supervising or otherwise keeping, alone or in association with
another, a house of prostitution or a prostitution business;

���� (b)�� Procuring an inmate for
a house of prostitution or place in a house of prostitution for one who would
be an inmate;

���� (c)�� Encouraging, inducing,
or otherwise purposely causing another to become or remain a prostitute;

���� (d)�� Soliciting a person to
patronize a prostitute;

���� (e)�� Procuring a prostitute
for a patron;

���� (f)�� Transporting a person
into or within this State with purpose to promote that person's engaging in
prostitution, or procuring or paying for transportation with that purpose; or

���� (g)�� Knowingly leasing or
otherwise permitting a place controlled by the actor, alone or in association
with others, to be regularly used for prostitution or promotion of
prostitution, or failure to make a reasonable effort to abate such use by
ejecting the tenant, notifying law enforcement authorities, or other legally
available means.
]

���� b.��� A person commits an
offense if:

���� (1)�� The actor engages in
prostitution as a patron;

���� (2)�� The actor promotes
prostitution;

���� (3)�� The actor knowingly
promotes prostitution of a child under 18 whether or not the actor mistakenly
believed that the child was 18 years of age or older, even if such mistaken
belief was reasonable;

���� (4)�� The actor knowingly
promotes prostitution of the actor's child, ward, or any other person for whose
care the actor is responsible;

���� (5)�� The actor compels
another to engage in or promote prostitution;

���� (6)�� The actor promotes
prostitution of the actor's spouse;

���� (7)�� The actor knowingly
engages in prostitution with a person under the age of 18, or if the actor
enters into or remains in a house of prostitution for the purpose of engaging
in sexual activity with a child under the age of 18, or if the actor solicits
or requests a child under the age of 18 to engage in sexual activity. It shall
be no defense to a prosecution under this paragraph that the actor mistakenly
believed that the child was 18 years of age or older, even if such mistaken
belief was reasonable; or

���� (8)�� The actor engages in
prostitution by personally offering sexual activity in exchange for something
of economic value.

���� c.���� Grading of offenses
under subsection b.

���� (1)�� An offense under
paragraphs
(3) or (4) of
subsection b. constitutes a crime of the first degree
[
if the offense
falls within paragraph (3) or (4) of that subsection
]
.

���� (2)�� An offense under
paragraph
(7) of
subsection b. constitutes a crime of the second degree
[
if the offense
falls within paragraph (7) of that subsection
]
.

���� (3)�� An offense under
paragraphs
(5) or (6) of
subsection b. constitutes a crime of the
[
third degree
if the offense falls within paragraph (5) or (6) of that subsection
]
second
degree. �A defendant sentenced under this paragraph shall be sentenced to a
term of imprisonment.� The term of imprisonment shall include� a mandatory
minimum term of one-third to one-half of the sentence imposed, or five years,
whichever is greater, during which time the defendant shall not be eligible for
parole
.

���� (4)�� An offense under
paragraph (2) of subsection b. constitutes a crime of the
[
third
]

second

degree
[
if
the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph
(4) of subsection a. Otherwise the offense is a crime of the fourth degree
]
.
A defendant
sentenced under this paragraph shall be sentenced to a term of imprisonment.
The term of imprisonment shall include a mandatory minimum term of one-third to
one-half of the sentence imposed, or five years, whichever is greater, during
which time the defendant shall not be eligible for parole.

���� (5)�� An offense under
paragraph
(1) of
subsection b. constitutes a
[
disorderly
persons offense if the offense falls within paragraph (1) of that subsection
except that a second or third conviction for such an offense
]
constitutes a
crime of the fourth degree,
[
and
]

except
that
a fourth or subsequent conviction
[
for
such an offense
]

constitutes a crime of the third degree.�

���� In addition, where a motor
vehicle was used in the commission of any offense under paragraph (1) of
subsection b. the court shall suspend for six months the driving privilege of
any such offender who has a valid driver's license issued by this State.� Upon
conviction, the court shall immediately collect the offender's driver's license
and shall forward it, along with a report stating the first and last day of the
suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle
Commission.

���� (6)�� An offense under
paragraph
(8) of
subsection b. constitutes a disorderly persons offense
[
if the offense
falls within paragraph (8) of that subsection
]
,
except that a second or subsequent conviction
[
for
such an offense
]

constitutes a crime of the fourth degree.

���� d.��� Presumption from living
off prostitutes.� A person, other than the prostitute or the prostitute's minor
child or other legal dependent incapable of self-support, who is supported in
whole or substantial part by the proceeds of prostitution is presumed to be
knowingly promoting prostitution.

���� e.���� It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the offense, the defendant was a victim of human
trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by
another to engage in sexual activity, regardless of the defendant's age.

���� f.���� (1)� Any fine set forth
in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a
conviction of a disorderly persons offense under this section shall be
collected, notwithstanding the procedures for the collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal
court administrator and paid into the municipal treasury of the municipality in
which the offense was committed.

���� (2)�� In addition to any fine,
fee, assessment, or penalty authorized under the provisions of Title 2C of the
New Jersey Statutes, a person convicted of an offense of prostitution or
related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection
b. shall be assessed a penalty of at least $10,000 but not more than $50,000,
except if the offense involved promotion of the prostitution of a child under
the age of 18, the penalty shall be at least $25,000.� All penalties provided
for in this subsection, collected as provided for the collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to
the Department of the Treasury to be deposited in the "Human Trafficking
Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51
(C.52:17B-238).

(cf: P.L.2013, c.51, s.9)

���� 2.��� (New section) a. A
person is a leader of a prostitution network if the person conspires with
others as an organizer, supervisor, financier, manager, or recruiter to
effectuate the violation of subsection b. of N.J.S.2C:34-1 or to engage for
profit in a scheme or course of conduct that allows the person to be supported
in whole or substantial part by the proceeds of prostitution.�

���� A person who is a leader of
prostitution network is guilty of a crime of the second degree. Notwithstanding
the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine
not to exceed $250,000 or five times the profit seized from the defendant in
connection with the prostitution network at the time of the arrest, whichever
is greater.

���� b.��� A person is a
participant in a prostitution network if the person conspires with others as a
participant, reports to or takes general direction from another, and engages
for profit or commits other criminal activity in a scheme or course of conduct
to facilitate the violation of subsection b. of N.J.S.2C:34-1.� A person who is
a participant in a prostitution network is guilty of a crime of the third
degree.

���� c.���� Notwithstanding the
provisions of N.J.S.2C:1-8, a conviction of leader of prostitution network or
participant in a prostitution network shall not merge with the conviction for
any offense which is the object of the conspiracy.� Nothing contained in this section
shall prohibit the court from imposing an extended term pursuant to
N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or
limit the prosecution or conviction of any person for conspiracy under
N.J.S.2C:5-2, or any prosecution or conviction for any other offense.

���� d.��� It shall not be
necessary in any prosecution under this section for the State to prove that any
intended profit was actually realized.� The trier of fact may infer that a
particular scheme or course of conduct was undertaken for profit from all of
the attending circumstances, including but not limited to the number of persons
involved in the scheme or course of conduct, the actor's net worth and
expenditures in relation to the actor's legitimate sources of income, the
number of persons engaged in prostitution, or the amount of cash or currency
involved.

���� e.���� (1) It shall not be a
defense to a prosecution under subsection a. of this section that persons
engaged in prostitution were brought into or transported in this State solely
for ultimate transportation to another jurisdiction where prostitution is
lawful; nor shall it be a defense that any profit was intended to be made in
another jurisdiction.

���� (2) It shall be an affirmative
defense to a prosecution under subsection b. of this section that, during the
time of the alleged commission of the offense created by subsection b. of this
section, the defendant was a victim of human trafficking.

���� 3. N.J.S.2C:43-12 is amended
to read as follows:

���� 2C:43-12.� Supervisory
Treatment--Pretrial Intervention.

���� a. Public policy. The purpose
of N.J.S.2C:43-12 through N.J.S.2C:43-22 is to effectuate a Statewide program
of Pretrial Intervention. It is the policy of the State of New Jersey that
supervisory treatment should ordinarily be limited to persons who have not
previously been convicted of any criminal offense under the laws of New Jersey,
or under any criminal law of the United States, or any other state when
supervisory treatment would:

���� (1) Provide applicants, on an
equal basis, with opportunities to avoid ordinary prosecution by receiving
early rehabilitative services or supervision, when such services or supervision
can reasonably be expected to deter future criminal behavior by an applicant,
and when there is apparent causal connection between the offense charged and
the rehabilitative or supervisory need, without which cause both the alleged
offense and the need to prosecute might not have occurred; or

���� (2) Provide an alternative to
prosecution for applicants who might be harmed by the imposition of criminal
sanctions as presently administered, when such an alternative can be expected
to serve as sufficient sanction to deter criminal conduct; or

���� (3) Provide a mechanism for
permitting the least burdensome form of prosecution possible for defendants
charged with "victimless" offenses, other than defendants who were
public officers or employees charged with offenses that involved or touched
their office or employment; or

���� (4) Provide assistance to
criminal calendars in order to focus expenditure of criminal justice resources
on matters involving serious criminality and severe correctional problems; or

���� (5) Provide deterrence of
future criminal or disorderly behavior by an applicant in a program of
supervisory treatment.

���� b. (1) Admission of an
applicant into a program of supervisory treatment shall be measured according
to the applicant's amenability to correction, responsiveness to rehabilitation
and the nature of the offense.

���� (2) There shall be a
presumption against admission into a program of supervisory treatment for:

���� (a) a defendant who was a
public officer or employee whose offense involved or touched upon his public
office or employment;
[
and
]

���� (b) a defendant charged with
any crime or offense involving domestic violence, as defined in subsection a.
of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the
crime or offense while subject to a temporary or permanent restraining order
issued pursuant to the provisions of the "Prevention of Domestic Violence
Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or if the crime or
offense charged involved violence or the threat of violence. For purposes of
this subparagraph, a crime or offense involves violence or the threat of
violence if the victim sustains serious or significant bodily injury as defined
in subsection b. or d. of N.J.S.2C:11-1, or the actor is armed with and uses a
deadly weapon or threatens by word or gesture to use a deadly weapon as defined
in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious or
significant bodily injury
; and

����
(c) a defendant charged
with any crime or offense pursuant to paragraphs (1), (2), (3), (4), (5), (6),
or (7) of subsection b. of N.J.S.2C:34-1 or section 2 of P.L.���� , c���
(C.��������� )(pending before the Legislature as this bill)
.

���� c.���� The decision and
reasons therefor made by the designated judges (or assignment judges),
prosecutors and program directors in granting or denying applications for
supervisory treatment, in recommending and ordering termination from the
program or dismissal of charges, in all cases shall be reduced to writing and
disclosed to the applicant.

���� d.��� If an applicant desires
to challenge the decision of the prosecutor or program director not to
recommend enrollment in a program of supervisory treatment the proceedings
prescribed under N.J.S.2C:43-14 and in accordance with the Rules of Court shall
be followed.

���� e.���� Referral. At any time
prior to trial but after the filing of a criminal complaint, or the filing of
an accusation or the return of an indictment, with the consent of the
prosecutor and upon written recommendation of the program director, the
assignment judge or a judge designated by him may postpone all further
proceedings against an applicant and refer said applicant to a program of
supervisory treatment approved by the Supreme Court. Prosecutors and program
directors shall consider in formulating their recommendation of an applicant's
participation in a supervisory treatment program, among others, the following
criteria:

���� (1) The nature of the offense;

���� (2) The facts of the case;

���� (3) The motivation and age of
the defendant;

���� (4) The desire of the
complainant or victim to forego prosecution;

���� (5) The existence of personal
problems and character traits which may be related to the applicant's crime and
for which services are unavailable within the criminal justice system, or which
may be provided more effectively through supervisory treatment and the
probability that the causes of criminal behavior can be controlled by proper
treatment;

���� (6) The likelihood that the
applicant's crime is related to a condition or situation that would be
conducive to change through his participation in supervisory treatment;

���� (7) The needs and interests of
the victim and society;

���� (8) The extent to which the
applicant's crime constitutes part of a continuing pattern of anti-social
behavior;

���� (9) The applicant's record of
criminal and penal violations and the extent to which he may present a
substantial danger to others;

���� (10) Whether or not the crime
is of an assaultive or violent nature, whether in the criminal act itself or in
the possible injurious consequences of such behavior;

���� (11) Consideration of whether
or not prosecution would exacerbate the social problem that led to the
applicant's criminal act;

���� (12) The history of the use of
physical violence toward others;

���� (13) Any involvement of the
applicant with organized crime;

���� (14) Whether or not the crime
is of such a nature that the value of supervisory treatment would be outweighed
by the public need for prosecution;

���� (15) Whether or not the
applicant's involvement with other people in the crime charged or in other
crime is such that the interest of the State would be best served by processing
his case through traditional criminal justice system procedures;

���� (16) Whether or not the
applicant's participation in pretrial intervention will adversely affect the
prosecution of codefendants; and

���� (17) Whether or not the harm
done to society by abandoning criminal prosecution would outweigh the benefits
to society from channeling an offender into a supervisory treatment program.

���� The prosecutor and the court,
in formulating their recommendations or decisions regarding an applicant's
participation in a supervisory treatment program, shall give due consideration
to the victim's position on whether the defendant should be admitted.

���� f.���� Review of Supervisory
Treatment Applications; Procedure Upon Denial. Each applicant for supervisory
treatment shall be entitled to full and fair consideration of his application.
If an application is denied, the program director or the prosecutor shall precisely
state his findings and conclusion which shall include the facts upon which the
application is based and the reasons offered for the denial. If the applicant
desires to challenge the decision of a program director not to recommend, or of
a prosecutor not to consent to, enrollment into a supervisory treatment
program, a motion shall be filed before the designated judge (or assignment
judge) authorized pursuant to the Rules of Court to enter orders.

���� g.��� Limitations. (1)
Supervisory treatment may occur only once with respect to any defendant and any
person who has previously received supervisory treatment under section 27 of
P.L.1970, c.226 (C.24:21-27), a conditional discharge pursuant to
N.J.S.2C:36A-1, a conditional dismissal pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.), or was granted a dismissal due to successful
participation in the Veterans Diversion Program pursuant to P.L.2017, c.42
(C.2C:43-23 et al.), or the Mental Health Diversion Program pursuant to
P.L.2023 c.188 (C.2C:43-32 et al.), shall not be eligible for supervisory
treatment under this section.

���� (2) Except as otherwise
provided in paragraph (3) of this subsection, supervisory treatment, as
provided herein, shall be available to a defendant irrespective of whether the
defendant contests his guilt of the charge or charges against him.

���� (3) Admission into supervisory
treatment shall be available to the following defendants only upon entering a
plea of guilty:

���� (a) a defendant charged with a
first or second degree crime;

���� (b) a defendant charged with
any crime if the defendant had previously been convicted of a first or second
degree crime; (c) a defendant charged with a third or fourth degree crime
involving domestic violence, as defined in subsection a. of section 3 of P.L.1991,
c.261 (C.2C:25-19); or (d) a defendant charged with any disorderly persons or
petty disorderly persons offense involving domestic violence, as defined in
subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant
committed the offense while subject to a temporary or permanent restraining
order issued pursuant to the provisions of the "Prevention of Domestic
Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.).

���� For any such defendant,
following the plea of guilty the plea shall be held in an inactive status
pending termination of supervisory treatment pursuant to subsection d. or e. of
N.J.S.2C:43-13. Upon successful completion of the program of supervisory treatment
the charges shall be dismissed.

���� h.��� Termination. Termination
of supervisory treatment under this section shall be immediately reported to
the assignment judge of the county who shall forward such information to the
Administrative Director of the Courts.

���� i.���� Appointment of Program
Directors; Authorized Referrals. Programs of supervisory treatment and
appointment of the program directors require approval by the Supreme Court with
the consent of the assignment judge and prosecutor. Referrals of participants
from supervisory treatment programs may be to any public or private office or
agency, including but not limited to, programs within the probation service of
the court, offering counseling or any other social service likely to aid in the
rehabilitation of the participant and to deter the commission of other
offenses.

���� j.���� Health Care
Professional Licensing Board Notification. The program director shall promptly
notify the State Board of Medical Examiners when a State licensed physician or
podiatrist has been enrolled in a supervisory treatment program after he has
been charged with an offense involving drugs or alcohol.

���� The Attorney General shall
develop guidelines to ensure the uniform exercise of discretion by prosecutors
in formulating their recommendations on participation in a supervisory
treatment program by an applicant charged with a crime or offense involving domestic
violence, as defined in subsection a. of section 3 of P.L.1991, c.261
(C.2C:25-19).

(cf: P.L.2023, c.188, s.12)

���� 4. This act shall take effect
immediately.

STATEMENT

���� �This bill upgrades certain
crimes related to prostitution and creates the crimes of leader of a
prostitution network and participant in a prostitution network

���� The bill upgrades the criminal
penalties for the promotion of prostitution to a crime of the second degree and
imposes a mandatory minimum term of one-third to one-half of the sentence
imposed, or five years, whichever is greater, during which time the defendant
would not be eligible for parole. Under current law, all crimes under the
umbrella of promotion of prostitution are crimes of the third degree, except
the crimes of soliciting a person to patronize a prostitute and procuring a
prostitute for a patron, which are crimes of the fourth degree.

���� The bill also upgrades the
criminal penalties for compelling another to engage in or promote prostitution
and promoting prostitution of one�s spouse from crimes of the third degree to
crimes of the second degree, and imposes a mandatory minimum term of one-third
to one-half of the sentence imposed, or five years, whichever is greater,
during which time the defendant would not be eligible for parole.

���� The bill creates two new
crimes: (1) leader of a prostitution network, a crime of the second degree; and
(2) participant in a prostitution network, a crime of the third degree. The
bill provides that it is an affirmative defense to the crime of participant in
a prostitution network that the defendant was a victim of human trafficking
during the commission of the crime.

���� A disorderly persons offense
is ordinarily punishable by a term of imprisonment of up to 6 months, a fine of
up to $1,000, or both. A crime of the fourth degree is ordinarily punishable by
a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A
crime of the third degree is ordinarily punishable by a term of imprisonment of
three to five years, a fine of up to $15,000, or both. A crime of the second
degree is ordinarily punishable by a term of imprisonment of five to 10 years,
a fine of up to $150,000, or both.

���� Under the bill, crimes related
to prostitution, with the exception of engaging in prostitution as a
prostitute, would be ineligible for admission into the Pretrial Intervention
Program.

���� This bill is in response to
the State Commission of Investigation report released on October 17, 2024,
entitled �An Inquiry into Human Trafficking Activity in the Massage and
Bodywork Therapy Industry in New Jersey.�