Commercial sexual exploit.

AN ACT Relating to commercial sexual exploitation; amending RCW 1
9A.88.110 and 9A.88.120; creating a new section; and prescribing 2
penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. Commercial sexual exploitation targets the 5
most vulnerable: Women, children, and young adults, primarily in 6
communities of poverty; indigenous communities; communities of color; 7
foster care; and those who identify as LGBTQ+. Many exploited adults 8
were first exploited as children. Addressing both the causes and the 9
impacts of exploitation requires a comprehensive two-pronged 10
approach:11
(1) A public health system that holistically supports victims and 12
survivors with well-resourced transition services, housing, and 13
community-based trauma recovery services. 14
(2) Suppression and deterrence of the demand from buyers, who are 15
the source of both most of the violence against the exploited 16
individuals, and the enormous profits being paid to third-party 17
exploiters. 18
The legislature intends to enhance the legal interventions 19
available to law enforcement, courts, and the community to hold 20
H-0462.1
HOUSE BILL 1265
State of Washington 69th Legislature 2025 Regular Session
By Representatives Stearns, Taylor, Salahuddin, Richards, Davis,
Obras, Ormsby, Parshley, and Hill
Read first time 01/14/25. Referred to Committee on Community Safety.
p. 1 HB 1265
buyers accountable for their role in commercial sexual exploitation 1
while increasing resources and support for survivors.2
Sec. 2. RCW 9A.88.110 and 2017 c 232 s 1 are each amended to 3
read as follows: 4
(1) A person is guilty of ((patronizing a prostitute)) commercial 5
sexual exploitation if: 6
(a) Pursuant to a prior understanding, he or she pays a fee or 7
provides anything of value to another person as compensation for such 8
person or a third person having engaged in sexual conduct with him or 9
her; or 10
(b) He or she pays or agrees to pay a fee or provide anything of 11
value to another person pursuant to an understanding that in return 12
therefor such person will engage in sexual conduct with him or her; 13
or 14
(c) He or she solicits or requests another person to engage in 15
sexual conduct with him or her in return for a fee or providing 16
anything of value. 17
(2) The crime of ((patronizing a prostitute )) commercial sexual 18
exploitation may be committed in more than one location. The crime is 19
deemed to have been committed in any location in which the defendant 20
commits any act under subsection (1)(a), (b), or (c) of this section 21
that constitutes part of the crime. A person who sends a 22
communication to ((patronize a prostitute)) engage or solicit another 23
in commercial sexual conduct is considered to have committed the 24
crime both at the place from which the contact was made pursuant to 25
subsection (1)(a), (b), or (c) of this section and where the 26
communication is received, provided that this section must be 27
construed to prohibit anyone from being prosecuted twice for 28
substantially the same crime. 29
(3) For purposes of this section, "sexual conduct" has the 30
meaning given in RCW 9A.88.030. 31
(4) ((Patronizing a prostitute )) Commercial sexual exploitation 32
is a ((misdemeanor)) class C felony. 33
Sec. 3. RCW 9A.88.120 and 2015 c 265 s 20 are each amended to 34
read as follows: 35
(1)(a) In addition to penalties set forth in RCW 9A.88.010 and 36
9A.88.030, an adult offender who is either convicted or given a 37
deferred sentence or a deferred prosecution or who has entered into a 38
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statutory or nonstatutory diversion agreement as a result of an 1
arrest for violating RCW 9A.88.010, 9A.88.030, or comparable county 2
or municipal ordinances shall be assessed a fifty dollar fee.3
(b) In addition to penalties set forth in RCW 9A.88.090, an adult 4
offender who is either convicted or given a deferred sentence or a 5
deferred prosecution or who has entered into a statutory or 6
nonstatutory diversion agreement as a result of an arrest for 7
violating RCW 9A.88.090 or comparable county or municipal ordinances 8
shall be assessed a fee in the amount of: 9
(i) One thousand five hundred dollars if the defendant has no 10
prior convictions, deferred sentences, deferred prosecutions, or 11
statutory or nonstatutory diversion agreements for this offense;12
(ii) Two thousand five hundred dollars if the defendant has one 13
prior conviction, deferred sentence, deferred prosecution, or 14
statutory or nonstatutory diversion agreement for this offense; and15
(iii) Five thousand dollars if the defendant has two or more 16
prior convictions, deferred sentences, deferred prosecutions, or 17
statutory or nonstatutory diversion agreements for this offense.18
(c) In addition to penalties set forth in RCW 9A.88.110, a person 19
who is either convicted or given a deferred sentence or a deferred 20
prosecution or who has entered into a statutory or nonstatutory 21
diversion agreement as a result of an arrest for violating RCW 22
9A.88.110 or a comparable county or municipal ordinance shall be 23
assessed a fee in the amount of: 24
(i) ((One thousand five hundred )) Three thousand dollars if the 25
defendant has no prior convictions, deferred sentences, deferred 26
prosecutions, or statutory or nonstatutory diversion agreements for 27
this offense; 28
(ii) ((Two thousand five hundred )) Five thousand dollars if the 29
defendant has one prior conviction, deferred sentence, deferred 30
prosecution, or statutory or nonstatutory diversion agreement for 31
this offense; and 32
(iii) ((Five thousand)) Ten thousand dollars if the defendant has 33
two or more prior convictions, deferred sentences, deferred 34
prosecutions, or statutory or nonstatutory diversion agreements for 35
this offense. 36
(d) In addition to penalties set forth in RCW 9A.88.070 and 37
9A.88.080, a person who is either convicted or given a deferred 38
sentence or a deferred prosecution or who has entered into a 39
statutory or nonstatutory diversion agreement as a result of an 40
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arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county 1
or municipal ordinances shall be assessed a fee in the amount of:2
(i) Three thousand dollars if the defendant has no prior 3
convictions, deferred sentences, deferred prosecutions, or statutory 4
or nonstatutory diversion agreements for this offense;5
(ii) Six thousand dollars if the defendant has one prior 6
conviction, deferred sentence, deferred prosecution, or statutory or 7
nonstatutory diversion agreement for this offense; and8
(iii) Ten thousand dollars if the defendant has two or more prior 9
convictions, deferred sentences, deferred prosecutions, or statutory 10
or nonstatutory diversion agreements for this offense.11
(2) The court shall not reduce, waive, or suspend payment of all 12
or part of the assessed fee in this section unless it finds, on the 13
record, that the offender does not have the ability to pay the fee in 14
which case it may reduce the fee by an amount up to two-thirds of the 15
maximum allowable fee. 16
(a) A superior court may, as described in RCW 9.94A.760, set a 17
sum that the offender is required to pay on a monthly basis towards 18
satisfying the fee imposed in this section. 19
(b) A district or municipal court may enter into a payment plan 20
with the defendant, in which the fee assessed in this section is paid 21
through scheduled periodic payments. The court may assess the 22
defendant a reasonable fee for administrative services related to the 23
operation of the payment plan. 24
(3) Fees assessed under this section shall be collected by the 25
clerk of the court and remitted to the treasurer of the county where 26
the offense occurred for deposit in the county general fund, except 27
in cases in which the offense occurred in a city or town that 28
provides for its own law enforcement, in which case these amounts 29
shall be remitted to the treasurer of the city or town for deposit in 30
the general fund of the city or town. Revenue from the fees must be 31
used for local efforts to reduce the commercial sale of sex 32
including, but not limited to, increasing enforcement of commercial 33
sex laws. 34
(a) At least fifty percent of the revenue from fees imposed under 35
this section must be spent on prevention, including education 36
programs for offenders, such as john school, and rehabilitative 37
services for victims, such as mental health and substance abuse 38
counseling, parenting skills, training, housing relief, education, 39
vocational training, drop-in centers, and employment counseling.40
p. 4 HB 1265
(b) Two percent of the revenue from fees imposed under this 1
section shall be remitted quarterly to the department of commerce, 2
together with a report detailing the fees assessed, the revenue 3
received, and how that revenue was spent. 4
(c) Revenues from these fees are not subject to the distribution 5
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 6
35.20.220. 7
(4) For the purposes of this section: 8
(a) "Statutory or nonstatutory diversion agreement" means an 9
agreement under RCW 13.40.080 or any written agreement between a 10
person accused of an offense listed in subsection (1) of this section 11
and a court, county, or city prosecutor, or designee thereof, whereby 12
the person agrees to fulfill certain conditions in lieu of 13
prosecution. 14
(b) "Deferred sentence" means a sentence that will not be carried 15
out if the defendant meets certain requirements, such as complying 16
with the conditions of probation. 17
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