Imposes mandatory fine and education requirement for certain prostitution offenses committed within 500 feet of a school, registered day care or licensed child care facility property; creates fund.

S3772

SENATE, No. 3772

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Imposes mandatory fine and education requirement for
certain prostitution offenses committed within 500 feet of a school, registered
day care or licensed child care facility property; creates fund.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

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

����
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 except that a second or third
conviction for such an offense constitutes a crime of the fourth degree, and 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).

����
g.��� In addition to any
other disposition authorized by law, the court shall order any person who
violates paragraphs (1) and (8) of subsection b. of this section while on any
school property used for school purposes which is owned by or leased to any
elementary or secondary school or school board, or within 500 feet of such
school property or a school bus, or while on any school bus, or while on any property
used as a registered family day care provider or as a licensed child care
provider to participate in the �Prostitution Offender Education Program,�
established pursuant to section 5 of P.L.��� , c.� (C.��� ) (pending before the
Legislature as this bill), and to pay a fine as set out in section 3 of P.L.���
, c.� (C.��� ) (pending before the Legislature as this bill).

����
A map or true copy of a map
depicting the location and boundaries of the area on or within 500 feet of any
property used for school purposes which is owned by or leased to any elementary
or secondary school or school board produced pursuant to section 1 of P.L.1987,
c.101 (C.2C:35-7) may be used in a prosecution under this section.

����
It shall be no defense to a
prosecution for a violation of this section that the actor was unaware that the
prohibited conduct took place while on or within 500 feet of any school
property. Nor shall it be a defense to a prosecution under this section, or
under any other provision of this title, that no juveniles were present on the
school property at the time of the offense or that the school was not in
session.

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

���� 2.��� (New section)� In a
prosecution under subsection g. of N.J.S.2C:34-1, a map produced or reproduced
by any municipal or county engineer for the purpose of depicting the location
and boundaries of the area on or within 500 feet of any property used as a
registered family day care provider or as a licensed child care provider or a
true copy of such a map, shall, upon proper authentication, be admissible and
shall constitute prima facie evidence of the location and boundaries of those
areas, provided that the governing body of the municipality or county has
adopted a resolution or ordinance approving the map as official finding and
record of the location and boundaries of the area or areas on or within 500
feet of the property used as a registered family day care provider or as a
licensed child care provider.� Any map approved pursuant to this section may be
changed from time to time by the governing body of the municipality or county.�
The original of every map approved or revised pursuant to this section, or a
true copy thereof, shall be filed with the clerk of the municipality or county,
and shall be maintained as an official record of the municipality or county.
Nothing in this section shall be construed to preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense; nor shall this section be construed to preclude the
use or admissibility of any map or diagram other than one which has been
approved by the governing body of a municipality or county, provided that the
map or diagram is otherwise admissible pursuant to the Rules of Evidence.

���� It shall be no defense to a
prosecution for a violation of subsection g. of N.J.S.2C:34-1 that the actor
was unaware that the prohibited conduct took place while on or within 500 feet
of any property used as a registered family day care provider or as a licensed
child care provider. Nor shall it be a defense to a prosecution under subsection
g. of N.J.S.2C:34-1, or under any other provision of this title, that no
juveniles were present on the property used as a registered family day care
provider or as a licensed child care provider at the time of the offense or
that the school was not in session.

���� 3.��� (New section)� In
addition to any fine, fee, assessment or penalty authorized by law, a person
convicted of engaging in a prostitution offense set forth in subsection g. of
N.J.S.2C:34-1 shall be assessed a penalty of $250 for the first offense; $500
for the second offense; $1,000 for the third offense; and $2,000 for the fourth
or subsequent offense.

���� All penalties provided for in
this section, collected as provided for the collection of fines and restitution
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 �Prostitution Offender Education
Fund� established pursuant to section 4 P.L.��� , c.� (C.��� ) (pending before
the Legislature as section 4 of this bill).

���� 4.��� (New section)� There is
hereby established a separate, non-lapsing, dedicated fund in the General Fund
to be known as the "Prostitution Offender Education Program Fund."
This fund shall be administered by the Administrative Office of the Courts and
dedicated to the development, establishment, operation and maintenance of the
"Prostitution Offender Education Program" created pursuant to section
5 of P.L.��� , c.�� (C.�� ) (pending before the Legislature as section 5 of
this bill).

���� 5.��� (New section)� a.� There
is hereby established an education program to be known as the
"Prostitution Offender Education Program."�

���� b.��� The program shall be
administered by the Administrative Office of the Courts.

���� c.���� The program shall
educate defendants convicted of engaging in prostitution while on school
property or property used as a registered family day care provider or as a
licensed child care provider pursuant to subsection g. of N.J.S.2C:34-1 about
the risks to young, impressionable persons caused by exposure to conduct
amounting to prostitution, including the risks associated with recruitment into
prostitution and the correlation between prostitution and human trafficking,
especially trafficking of young persons, as well as the long term legal and
financial ramifications for families of persons involved in this unlawful
activity.�

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

STATEMENT

���� This bill would impose
mandatory fines on persons who violate paragraphs (1) and (8) of subsection b.
of N.J.S.2C:34-1 (engaging in prostitution as a patron, and engaging in
prostitution by personally offering sexual activity in exchange for something
of economic value, respectively) within 500 feet of a school, day care facility
or child care facility.� Further, the bill would require a person who is
convicted under these paragraphs of engaging in prostitution to participate in
a new �Prostitution Offender Education Program.�

���� Under N.J.S.2C:34-1,
violations of the prostitution laws range from disorderly persons offenses to
crimes of the second degree, depending on the activity.� For example, engaging
in prostitution is a disorderly persons offense, with a second or subsequent
offense constituting a crime of the fourth degree; promoting prostitution by
owning or controlling a house of prostitution or a prostitution business is a
crime of the third degree; and knowingly promoting the prostitution of a child
under the age of 18 is a crime of the second degree.

���� Under this bill, a person who
violates paragraphs (1) and (8) of subsection b. of N.J.S.2C:34-1 while on any
school property used for school purposes which is owned by or leased to any
elementary or secondary school or school board, or within 500 feet of such
school property or a school bus, or while on any school bus, or property used
as a registered family day care provider or as a licensed child care provider
would be assessed a penalty of $250 for the first offense; $500 for the second
offense; $1,000 for the third offense; and $2,000 for the fourth or subsequent
offense.� This money would be forwarded to the Department of the Treasury to be
deposited in the �Prostitution Offender Education Program Fund,� created by
this bill. The monies in the fund would be dedicated to the development,
establishment, operation and maintenance of the �Prostitution Offender
Education Program.�� This program would be administered by the Administrative
Office of the Courts.� These penalties are in addition to any current fines,
fees, assessments or penalties already imposed.