Vote Smart's Synopsis:

Vote to override a veto of a bill that amends criminal law to decriminalize prostitution.

Highlights:

• Defines "prostitution" as engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person (Sec. A-3).

• Establishes it is a defense to prosecution under this law that the objective of the conspiracy is a violation and the actor's participation was engaging or agreeing to personally engage in a sexual act or sexual contact for pecuniary benefit (Sec. A-2).

• Establishes the following crimes related to prostitution (Sec. A-6):

• A person is guilty of commercial sexual exploitation if the person engages a prostitute; and

• A violation of this section is a Class D crime.

• Establishes it is a defense to prosecution under this law that the person publicly solicited a patron to engage in prostitution only with the person (Sec. A-8).

• Establishes a person is guilty of commercial exploitation of a minor if the person, in return for another's prostitution, gives or agrees to give a pecuniary benefit either to the person whose prostitution is sought or to a 3rd person and the person whose prostitution is sought has not attained 18 years of age or the person believes the person whose prostitution is sought is under 18 years of age. Violation of this paragraph is a Class C crime (Sec. A-11.A-1).

• Establishes a person is guilty of patronizing prostitution of a mentally disabled person if the person, in return for another's prostitution, gives or agrees to give a pecuniary benefit either to the person whose prostitution is sought or to a 3rd person and the person whose prostitution is sought suffers from a mental disability that is reasonably apparent or known to the actor and that renders the other person substantially incapable of appraising the nature of the conduct or conduct involved. Violation of this paragraph is a Class C crime (Sec. A-11-3).

• Specifies a person convicted of the crime of engaging in prostitution in the State can petition the court in which the conviction was recorded to expunge the record of the conviction. The court will order all records of the conviction expunged if the convicted person has not been convicted of a violation and has no formal charging instrument pending in the State for a violation (Sec. B-1-1).

• Requires the Department of Public Safety and State Bureau of Identification to make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the expunged crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency following receipt of a court order for expungement (Sec. B-1-2).

Full Bill Text

Vetoed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that amends criminal law to decriminalize prostitution.

Highlights:

• Defines "prostitution" as engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person (Sec. A-3).

• Establishes it is a defense to prosecution under this law that the objective of the conspiracy is a violation and the actor's participation was engaging or agreeing to personally engage in a sexual act or sexual contact for pecuniary benefit (Sec. A-2).

• Establishes the following crimes related to prostitution (Sec. A-6):

• A person is guilty of commercial sexual exploitation if the person engages a prostitute; and

• A violation of this section is a Class D crime.

• Establishes it is a defense to prosecution under this law that the person publicly solicited a patron to engage in prostitution only with the person (Sec. A-8).

• Establishes a person is guilty of commercial exploitation of a minor if the person, in return for another's prostitution, gives or agrees to give a pecuniary benefit either to the person whose prostitution is sought or to a 3rd person and the person whose prostitution is sought has not attained 18 years of age or the person believes the person whose prostitution is sought is under 18 years of age. Violation of this paragraph is a Class C crime (Sec. A-11.A-1).

• Establishes a person is guilty of patronizing prostitution of a mentally disabled person if the person, in return for another's prostitution, gives or agrees to give a pecuniary benefit either to the person whose prostitution is sought or to a 3rd person and the person whose prostitution is sought suffers from a mental disability that is reasonably apparent or known to the actor and that renders the other person substantially incapable of appraising the nature of the conduct or conduct involved. Violation of this paragraph is a Class C crime (Sec. A-11-3).

• Specifies a person convicted of the crime of engaging in prostitution in the State can petition the court in which the conviction was recorded to expunge the record of the conviction. The court will order all records of the conviction expunged if the convicted person has not been convicted of a violation and has no formal charging instrument pending in the State for a violation (Sec. B-1-1).

• Requires the Department of Public Safety and State Bureau of Identification to make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the expunged crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency following receipt of a court order for expungement (Sec. B-1-2).

Full Bill Text