Prostitution

AN ACT Relating to prostitution; amending RCW 9A.88.110 and 1
9A.88.120; creating a new section; and prescribing penalties.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. Commercial sexual exploitation targets the 4
most vulnerable: Women, children, and young adults, primarily in 5
communities of poverty; indigenous communities; communities of color; 6
foster care; and those who identify as LGBTQ+. Many exploited adults 7
were first exploited as children. Addressing both the causes and the 8
impacts of exploitation requires a comprehensive two-pronged 9
approach:10
(1) A public health system that holistically supports victims and 11
survivors with well-resourced transition services, housing, and 12
community-based trauma recovery services. 13
(2) Suppression and deterrence of the demand from buyers, who are 14
the source of both most of the violence against the exploited 15
individuals, and the enormous profits being paid to third-party 16
exploiters. 17
The legislature intends to enhance the legal interventions 18
available to law enforcement, courts, and the community to hold 19
buyers accountable for their role in commercial sexual exploitation 20
while increasing resources and support for survivors.21
H-2903.1
HOUSE BILL 2526
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stearns, Davis, Parshley, and Leavitt
Read first time 01/16/26. Referred to Committee on Community Safety.
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Sec. 2. RCW 9A.88.110 and 2017 c 232 s 1 are each amended to 1
read as follows: 2
(1) A person is guilty of ((patronizing a prostitute)) commercial 3
sexual exploitation if: 4
(a) Pursuant to a prior understanding, he or she pays a fee or 5
provides anything of value to another person as compensation for such 6
person or a third person having engaged in sexual conduct with him or 7
her; or 8
(b) He or she pays or agrees to pay a fee or provide anything of 9
value to another person pursuant to an understanding that in return 10
therefor such person will engage in sexual conduct with him or her; 11
or 12
(c) He or she solicits or requests another person to engage in 13
sexual conduct with him or her in return for a fee or providing 14
anything of value. 15
(2) The crime of ((patronizing a prostitute )) commercial sexual 16
exploitation may be committed in more than one location. The crime is 17
deemed to have been committed in any location in which the defendant 18
commits any act under subsection (1)(a), (b), or (c) of this section 19
that constitutes part of the crime. A person who sends a 20
communication to ((patronize a prostitute)) engage or solicit another 21
in commercial sexual conduct is considered to have committed the 22
crime both at the place from which the contact was made pursuant to 23
subsection (1)(a), (b), or (c) of this section and where the 24
communication is received, provided that this section must be 25
construed to prohibit anyone from being prosecuted twice for 26
substantially the same crime. 27
(3) For purposes of this section, "sexual conduct" has the 28
meaning given in RCW 9A.88.030. 29
(4) ((Patronizing a prostitute )) Commercial sexual exploitation 30
is a ((misdemeanor)) class C felony. 31
Sec. 3. RCW 9A.88.120 and 2015 c 265 s 20 are each amended to 32
read as follows: 33
(1)(a) In addition to penalties set forth in RCW 9A.88.010 and 34
9A.88.030, an adult offender who is either convicted or given a 35
deferred sentence or a deferred prosecution or who has entered into a 36
statutory or nonstatutory diversion agreement as a result of an 37
arrest for violating RCW 9A.88.010, 9A.88.030, or comparable county 38
or municipal ordinances shall be assessed a fifty dollar fee.39
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(b) In addition to penalties set forth in RCW 9A.88.090, an adult 1
offender who is either convicted or given a deferred sentence or a 2
deferred prosecution or who has entered into a statutory or 3
nonstatutory diversion agreement as a result of an arrest for 4
violating RCW 9A.88.090 or comparable county or municipal ordinances 5
shall be assessed a fee in the amount of: 6
(i) One thousand five hundred dollars if the defendant has no 7
prior convictions, deferred sentences, deferred prosecutions, or 8
statutory or nonstatutory diversion agreements for this offense;9
(ii) Two thousand five hundred dollars if the defendant has one 10
prior conviction, deferred sentence, deferred prosecution, or 11
statutory or nonstatutory diversion agreement for this offense; and12
(iii) Five thousand dollars if the defendant has two or more 13
prior convictions, deferred sentences, deferred prosecutions, or 14
statutory or nonstatutory diversion agreements for this offense.15
(c) In addition to penalties set forth in RCW 9A.88.110, a person 16
who is either convicted or given a deferred sentence or a deferred 17
prosecution or who has entered into a statutory or nonstatutory 18
diversion agreement as a result of an arrest for violating RCW 19
9A.88.110 or a comparable county or municipal ordinance shall be 20
assessed a fee in the amount of: 21
(i) ((One thousand five hundred )) Three thousand dollars if the 22
defendant has no prior convictions, deferred sentences, deferred 23
prosecutions, or statutory or nonstatutory diversion agreements for 24
this offense; 25
(ii) ((Two thousand five hundred )) Five thousand dollars if the 26
defendant has one prior conviction, deferred sentence, deferred 27
prosecution, or statutory or nonstatutory diversion agreement for 28
this offense; and 29
(iii) ((Five thousand)) Ten thousand dollars if the defendant has 30
two or more prior convictions, deferred sentences, deferred 31
prosecutions, or statutory or nonstatutory diversion agreements for 32
this offense. 33
(d) In addition to penalties set forth in RCW 9A.88.070 and 34
9A.88.080, a person who is either convicted or given a deferred 35
sentence or a deferred prosecution or who has entered into a 36
statutory or nonstatutory diversion agreement as a result of an 37
arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county 38
or municipal ordinances shall be assessed a fee in the amount of:39
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(i) Three thousand dollars if the defendant has no prior 1
convictions, deferred sentences, deferred prosecutions, or statutory 2
or nonstatutory diversion agreements for this offense;3
(ii) Six thousand dollars if the defendant has one prior 4
conviction, deferred sentence, deferred prosecution, or statutory or 5
nonstatutory diversion agreement for this offense; and6
(iii) Ten thousand dollars if the defendant has two or more prior 7
convictions, deferred sentences, deferred prosecutions, or statutory 8
or nonstatutory diversion agreements for this offense.9
(2) The court shall not reduce, waive, or suspend payment of all 10
or part of the assessed fee in this section unless it finds, on the 11
record, that the offender does not have the ability to pay the fee in 12
which case it may reduce the fee by an amount up to two-thirds of the 13
maximum allowable fee. 14
(a) A superior court may, as described in RCW 9.94A.760, set a 15
sum that the offender is required to pay on a monthly basis towards 16
satisfying the fee imposed in this section. 17
(b) A district or municipal court may enter into a payment plan 18
with the defendant, in which the fee assessed in this section is paid 19
through scheduled periodic payments. The court may assess the 20
defendant a reasonable fee for administrative services related to the 21
operation of the payment plan. 22
(3) Fees assessed under this section shall be collected by the 23
clerk of the court and remitted to the treasurer of the county where 24
the offense occurred for deposit in the county general fund, except 25
in cases in which the offense occurred in a city or town that 26
provides for its own law enforcement, in which case these amounts 27
shall be remitted to the treasurer of the city or town for deposit in 28
the general fund of the city or town. Revenue from the fees must be 29
used for local efforts to reduce the commercial sale of sex 30
including, but not limited to, increasing enforcement of commercial 31
sex laws. 32
(a) At least fifty percent of the revenue from fees imposed under 33
this section must be spent on prevention, including education 34
programs for offenders, such as john school, and rehabilitative 35
services for victims, such as mental health and substance abuse 36
counseling, parenting skills, training, housing relief, education, 37
vocational training, drop-in centers, and employment counseling.38
(b) Two percent of the revenue from fees imposed under this 39
section shall be remitted quarterly to the department of commerce, 40
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together with a report detailing the fees assessed, the revenue 1
received, and how that revenue was spent. 2
(c) Revenues from these fees are not subject to the distribution 3
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 4
35.20.220. 5
(4) For the purposes of this section: 6
(a) "Statutory or nonstatutory diversion agreement" means an 7
agreement under RCW 13.40.080 or any written agreement between a 8
person accused of an offense listed in subsection (1) of this section 9
and a court, county, or city prosecutor, or designee thereof, whereby 10
the person agrees to fulfill certain conditions in lieu of 11
prosecution. 12
(b) "Deferred sentence" means a sentence that will not be carried 13
out if the defendant meets certain requirements, such as complying 14
with the conditions of probation. 15
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