Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

A4215

ASSEMBLY, No. 4215

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman� SHAMA A. HAIDER

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Fantasia, Assemblyman Scharfenberger,
Assemblywoman Dunn, Assemblymen Sampson, Inganamort, Myhre, Rumpf and
Assemblywoman Reynolds-Jackson

SYNOPSIS

���� Upgrades offense of prostitution as patron; directs
fines collected to "Human Trafficking Survivor's Assistance Fund."

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning prostitution as a patron and amending
N.J.S.2C:34-1 and P.L.2013, c.51.

����
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:

���� (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, 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
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
subsection b. constitutes a crime of the second degree if the offense falls
within paragraph (7) of that subsection.

���� (3)�� An offense under
subsection b. constitutes a crime of the third degree if the offense falls
within paragraph (5) or (6) of that subsection.

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

���� (5)�� An offense under
[
subsection b.
constitutes a disorderly persons offense if the offense falls within
]
paragraph (1)
of
[
that
]
subsection
b.

[
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
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).

����
(3)�� Any fine set forth in
N.J.S.2C:43-3 that is imposed upon a person convicted of an offense of
prostitution under paragraph (1) of subsection b. of 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), and 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.��� Section 11 of P.L. 2013,
c.51 (C.2C:34-1.2) is amended to read as follows:

���� 11.���� a.� In addition to any
other disposition authorized by law, the court shall order any person convicted
of a
[
disorderly
persons offense
]

crime of the fourth degree
for engaging in prostitution as a patron
pursuant to paragraph (1) of subsection b. of N.J.S.2C:34-1 to participate in
the "Prostitution Offender Program" established pursuant to
subsection d. of this section, unless the prosecutor, by motion, requests that
the mandatory participation be waived, in which case the court may waive the
program participation required by this section.

���� b.��� 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 engaging in
prostitution as a patron pursuant to paragraph (1) of subsection b. of
N.J.S.2C:34-1 shall be assessed, if ordered to participate in the
"Prostitution Offender Program," a fee of $500.

���� c.���� Each $500 fee assessed
as required by this section shall be collected by the court, and 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).� From this fee, $200 shall be retained in the fund, and the
remaining $300 shall be distributed as follows: $200 to the approved provider
of the "Prostitution Offender Program," as established under
subsection d. of this section, attended by the person; and $100 to the law
enforcement agency that arrested the person resulting in that person's
conviction.

���� d.��� (1)� There is hereby
established an education program to be known as the "Prostitution Offender
Program," which shall consist of an instructional program on prostitution
and human trafficking schemes offered in one or more locations throughout the
State as follows:�

���� (a)�� by a county or local
governmental entity, if that county or local governmental entity demonstrates
an interest in establishing a program, submits information pertaining to the
proposed operation of an instructional program by the county or local governmental
entity, or alternatively, by a nonprofit or other private provider on behalf of
the county or local governmental entity, and the Attorney General, in
consultation with the Commission on Human Trafficking created by section 1 of
P.L.2013, c.51 (C.52:17B-237), approves the program and the provider thereof,
if the proposed provider is a nonprofit or other private entity.� If a county
or local governmental entity establishes and operates an instructional program,
then all courts operating within the jurisdiction of that county or local
governmental entity shall order a person convicted of an eligible offense under
subsection a. of this section to attend that county or local governmental
entity's program; provided, a court shall not be required to order a person to
attend that program until the first day of the month next following the date on
which the Attorney General notifies the Administrative Office of the Courts
that the program has been established and approved by the Attorney General; and

���� (b)�� by the State, to be
established within six months of the effective date of this section, based upon
the Attorney General, in consultation with the Commission on Human Trafficking
created by section 1 of P.L.2013, c.51 (C.52:17B-237), approving an instructional
program to be provided by one or more approved nonprofit or other private
providers in multiple locations throughout the State.� Any court in a
jurisdiction that does not have an approved county or local governmental entity
instructional program as established under subparagraph (a) of this paragraph
shall order a person convicted of an eligible offense under subsection a. of
this section to attend the approved State program established under this
subparagraph, unless there is an extra-jurisdictional county or local
governmental entity instructional program within 25 miles of the court, and the
court has been notified in accordance with this subparagraph, or subparagraph
(a) of this paragraph, of the availability of that program to accept participants
from the court, in which case the court may instead order a person to attend
the county or local governmental entity's instructional program; regarding any
program notice under this subparagraph, a court shall not be required to order
a person to attend a program until the first day of the month next following
the date on which the Attorney General notifies the Administrative Office of
the Courts that the program has been established and approved by the Attorney
General.

���� (2)�� The program shall
include information intended to increase the person's awareness of:

���� (a)�� the causes of
prostitution and its relationship to human trafficking;

���� (b)�� the health risks
connected with prostitution, including the risk of transmittable diseases;

���� (c)�� the consequences of
convictions for prostitution or human trafficking, including penalties for
subsequent convictions; and

���� (d)�� the pervasiveness of
human trafficking and the effects of human trafficking on its victims.

���� (3)�� Pursuant to section 2 of
P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the
Commission on Human Trafficking, may provide for the expenditures of monies
from the "Human Trafficking Survivor's Assistance Fund" to assist
with the development, maintenance, revision, and distribution of instructional
program materials for the "Prostitution Offender Program," and the
operation of this instructional program.

(cf:P.L.2013, c.51, s.11)

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

STATEMENT

���� This bill provides for
enhanced penalties for the crime of engaging in prostitution as a patron.� In
New Jersey, the offense of prostitution encompasses different conduct by
various actors; penalties for the offense vary, depending on the unlawful
conduct.� This bill addresses conduct by persons who purchase sexual activity,
commonly referred to as �johns.�� Under paragraph (1) of subsection b. of
N.J.S.2C:34-1, a person commits this offense if the actor engages in
prostitution as a patron, or one who purchases 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.� Currently, a violation of this provision is a disorderly persons
offense for a first offense, punishable by up to six months imprisonment, a
fine of up to $1,000, or both.� For a second or third violation, it is a crime
of the fourth degree, punishable by up to 18 months imprisonment, a fine of up
to $10,000, or both. For a fourth violation, it is a crime of the third degree,
punishable by three to five years imprisonment, a fine of up to $15,000, or
both.� In addition to any other disposition for the offense, N.J.S.A.2C:34-1.2
assesses additional penalties upon persons convicted of engaging in
prostitution as a patron which include an assessment of $500, and can include
participation in a prostitution offender program.

���� This bill increases
prostitution by a patron to a crime of the fourth degree, except that a fourth
violation remains a crime of the third degree.� In addition, the bill provides
that any fine collected shall be forwarded to the Department of the Treasury to
be deposited in the "Human Trafficking Survivor's Assistance Fund" (the
HTSAF) established by N.J.S.A.52:17B-238.

���� It is the sponsor�s view that
in combatting prostitution, closely related to the crime of human trafficking,
greater emphasis should be placed on eliminating the demand for persons who may
be victims of sex trafficking by targeting persons who purchase sexual
activity.� All monies deposited in the HTSAF fund are required by the law to be
used for the provision of services to victims of human trafficking, to promote
awareness of human trafficking, and the development, maintenance, revision, and
distribution of training courses and other educational materials, and the
operation of educational or training programs.