MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representative Gunn
AN ACT TO AMEND SECTION 97-29-51, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF PROCURING PROSTITUTION BY REVISING THE DEFINITION AND INCREASING THE PENALTIES FOR SUCH CRIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-29-51, Mississippi Code of 1972, is amended as follows:
97-29-51. (1) (a) Except
as otherwise provided in this subsection, a person commits the * * * crime of procuring the
services of a prostitute if the person * * * intentionally pays, or offers or
agrees to pay * * *
money * * *,
other property or anything of value to another person for having engaged
in, to engage in, or on the understanding that the other person will
engage in, sexual intercourse or sexual conduct with the person or with any
other person; or intentionally pays, or offers or agrees to pay money, other
property or anything of value to a person to recruit, entice, harbor, transport
another person who has engaged in, to engage in, or on the understanding that
the other person will engage in sexual intercourse or sexual conduct with the
person or with any other person. "Sexual conduct" includes
cunnilingus, fellatio, masturbation of another, anal intercourse or the causing
of penetration to any extent and with any object or body part of the genital or
anal opening of another.
(b) Upon conviction for
a first violation under this subsection, a person shall be punished by a
fine not exceeding * * * Five Hundred Dollars ($500.00) or
by confinement in the county jail for not more than six (6) months, or both. A
second or subsequent violation of this section shall be a felony, punishable by
a fine not exceeding * * * Five Thousand Dollars ($5,000.00),
or by imprisonment in the custody of the Department of Corrections for not more
than * * *
five (5) years, or both.
(c) (i) However, in all cases, if the person whose services are procured in violation of this subsection (1) is a minor under eighteen (18) years of age, for the first violation, the person convicted shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not less than five (5) years, nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both. Upon a second or subsequent conviction under this paragraph, the person shall be guilty of a felony, and upon conviction, be punished by imprisonment for not less than twenty (20) years up to life imprisonment, or by a fine of not less than Five Hundred Thousand Dollars ($500,000.00) nor more than One Million Dollars ($1,000,000.00), or both.
(ii) However, in all cases, if the person whose services are procured in violation of this subsection (1) is a minor under eighteen (18) years of age, and the person convicted is a parent or guardian of the minor, such person shall be guilty of a felony and punished to life imprisonment.
(d) Consent of a minor is not a defense to prosecution under this subsection (1).
(2) (a) A person commits the felony of promoting prostitution if the person:
(i) Knowingly or intentionally entices, compels, causes, induces, persuades, or encourages by promise, threat, violence, or by scheme or device, another person to become a prostitute;
(ii) Knowingly or intentionally solicits or offers or agrees to solicit, or receives or gives, or agrees to receive or give any money or thing of value for soliciting, or attempting to solicit, another person for the purpose of prostitution;
(iii) Knowingly induces, persuades, or encourages a person to come into or leave this state for the purpose of prostitution;
(iv) Having control over the use of a place or vehicle, knowingly or intentionally permits another person to use the place or vehicle for prostitution;
(v) Accepts, receives, levies or appropriates money or other property of value from a prostitute, without lawful consideration, with knowledge or reasonable cause to know it was earned, in whole or in part, from prostitution; or
(vi) Conducts, directs, takes, or transports, or offers or agrees to take or transport, or aids or assists in transporting, any person to any vehicle, conveyance, place, structure, or building, or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution.
(b) Upon conviction, a
person shall be punished by a fine not exceeding * * * Ten
Thousand Dollars ($10,000.00) or by imprisonment in the custody of the
Department of Corrections for not more than * * * fifteen (15) years, or both. A
second or subsequent violation shall be punished by a fine not exceeding * * * Fifty
Thousand Dollars ($50,000.00) or by imprisonment in the custody of the
Department of Corrections for up to * * * thirty (30) years, or both.
(c) However, in all
cases, if the person whose services are promoted in violation of this
subsection (2) is a minor under eighteen (18) years of age, the person
convicted for a first violation shall be guilty of a felony and shall,
upon conviction, be punished by imprisonment for not less than * * * ten (10) years, nor more than
thirty (30) years, or by a fine of not less than * * * One
Hundred Thousand Dollars ($100,000.00) nor more than Five Hundred Thousand
Dollars ($500,000.00), or both. For a second or subsequent conviction,
imprisonment no less than twenty (20) years up to life imprisonment, no less
than Five Hundred Thousand Dollars ($500,000.00), or both. There is no
requirement that the defendant have actual knowledge of the age of the person
and consent of a minor is not a defense to prosecution under this section.
(3) If it is determined that a person suspected of or charged with promoting prostitution is a trafficked person, as defined by Section 97-3-54.4, that fact shall be considered a mitigating factor in any prosecution of that person for prostitution, and the person shall be referred to appropriate resources for assistance. If it is determined that a person suspected of or charged with promoting prostitution is a minor under eighteen (18) years of age who meets the definition of a trafficked person as defined in Section 97-3-54.4, the minor is immune from prosecution for promoting prostitution as a juvenile or adult and provisions of Section 97-3-54.1(4) shall be applicable, and the minor shall be immediately removed from the custody of their parent or legal guardian and placed in the custody of Child Protection Services or with next of kin. If a minor is removed from the custody of a parent or legal guardian under this paragraph, the Department of Human Services shall commence an initial investigation into suspected child abuse or neglect.
(4) Any partnership,
association, corporation or other entity violating any provision of subsection
(2) against the promotion of prostitution shall, upon conviction, for a
first violation be punished by a fine not exceeding * * * Five
Hundred Thousand Dollars ($500,000.00). Upon conviction for a second or
subsequent violation, any such entity shall be punished by a fine not less than
Five Hundred Thousand Dollars ($500,000.00) nor more than One Million Dollars
($1,000,000.00). If the person whose services are promoted is under
eighteen (18) years of age, the partnership, association, corporation or other
legal entity convicted shall be punished by a fine not exceeding * * * Ten
Million Dollars ($10,000,000.00). Upon conviction for a second or subsequent
violation for such promotion of a child under eighteen (18) years of age, any
such entity shall be punished for not less than Ten Million Dollars
($10,000,000.00) and an injunction to stop all operations owned by the
partnership, association, corporation or other entity. There is no
requirement that the defendant have knowledge of the age of the person.
Consent of a minor is not a defense to prosecution under this section.
(5) Investigation and prosecution of a person, partnership, association, corporation or other entity under this section shall not preclude investigation or prosecution against that person, partnership, association, corporation or other entity for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Section 97-3-54 et seq.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.