HB305 Alabama 2018 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2018

Title

Human trafficking, further provided, prostitution with a minor, certain defenses prohibited, licensing by Massage Therapy Bd. further provided for, Secs. 13A-6-157.1, 13A-6-161, 13A-6-162, 13A-12-121.1, 13A-12-124, 13A-12-125 added; Secs. 13A-6-151, 13A-6-152, 13A-6-157, 13A-6-158, 13A-12-122, 15-27-1, 15-27-2, 34-43-12 to 34-43-15, inclusive, am'd.

Description

Under existing law, sexual servitude is defined to require the use of deception or coercion.

This bill would remove the requirement of deception or coercion if the sexual conduct is with a minor.

Under existing law, it is a crime to commit an act of prostitution, solicit or compel a person to participate in prostitution, aid another in engaging in prostitution, or provide a premises for prostitution.

This bill would make it a crime to engage in an act of prostitution with a minor, solicit or compel a minor to participate in prostitution, aid another in engaging in prostitution with a minor, or provide a premises for engaging in prostitution with a minor.

The bill would provide enhanced criminal penalties for a violation.

Under existing law, a defendant accused of human trafficking is expressly prohibited from asserting a mistake of age defense.

This bill would also prohibit a defendant accused of engaging in an act of prostitution with a minor from asserting a mistake of age defense.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Human Trafficking