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Bill > A5304


NJ A5304

NJ A5304
Upgrades penalties for certain prostitution crimes; creates crimes of leader of prostitution network and participant in prostitution network.


summary

Introduced
02/10/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill upgrades certain crimes related to prostitution and creates the crimes of leader of a prostitution network and participant in a prostitution network. The bill upgrades the criminal penalties for the promotion of prostitution to a crime of the second degree and imposes a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant would not be eligible for parole. Under current law, all crimes under the umbrella of promotion of prostitution are crimes of the third degree, except the crimes of soliciting a person to patronize a prostitute and procuring a prostitute for a patron, which are crimes of the fourth degree. The bill also upgrades the criminal penalties for compelling another to engage in or promote prostitution and promoting prostitution of one's spouse from crimes of the third degree to crimes of the second degree, and imposes a mandatory minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater, during which time the defendant would not be eligible for parole. The bill creates two new crimes: (1) leader of a prostitution network, a crime of the second degree; and (2) participant in a prostitution network, a crime of the third degree. The bill provides that it is an affirmative defense to the crime of participant in a prostitution network that the defendant was a victim of human trafficking during the commission of the crime. A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to 6 months, a fine of up to $1,000, or both. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the second degree is ordinarily punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. Under the bill, crimes related to prostitution, with the exception of engaging in prostitution as a prostitute, would be ineligible for admission into the Pretrial Intervention Program. This bill is in response to the State Commission of Investigation report released on October 17, 2024, entitled "An Inquiry into Human Trafficking Activity in the Massage and Bodywork Therapy Industry in New Jersey."

AI Summary

This bill significantly upgrades penalties and creates new crimes related to prostitution networks, responding to a state investigation into human trafficking in the massage and bodywork therapy industry. The bill modifies existing law by upgrading criminal penalties for promoting prostitution from third-degree to second-degree crimes, which increases potential prison sentences from 3-5 years to 5-10 years. For certain offenses, the bill mandates a minimum prison term of either one-third to one-half of the total sentence or five years, during which the defendant cannot be eligible for parole. The legislation introduces two new criminal offenses: "leader of a prostitution network" (a second-degree crime) and "participant in a prostitution network" (a third-degree crime). The bill provides an affirmative defense for participants who were victims of human trafficking and removes eligibility for the Pretrial Intervention Program for most prostitution-related offenses. Additionally, the bill allows courts to impose substantially higher fines for leaders of prostitution networks, potentially up to $250,000 or five times the profit seized from the defendant. These changes aim to more effectively prosecute and deter organized prostitution and human trafficking activities.

Committee Categories

Budget and Finance, Justice

Sponsors (7)

Last Action

Reported out of Assembly Committee, 2nd Reading (on 02/20/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/A5304
Analysis - RECCJPSIS https://pub.njleg.gov/Bills/2024/A5500/5304_C1.PDF
Fiscal Note - Fiscal Estimate 5/29/25; as introduced https://pub.njleg.gov/Bills/2024/A5500/5304_E1.PDF
Analysis - Statement AAP 2/20/25 https://pub.njleg.gov/Bills/2024/A5500/5304_S2.PDF
Analysis - Statement AJU 2/13/25 https://pub.njleg.gov/Bills/2024/A5500/5304_S1.PDF
BillText https://pub.njleg.gov/Bills/2024/A5500/5304_I1.HTM
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