H-1741.1

SUBSTITUTE HOUSE BILL 1383

ByHouse Public Safety (originally sponsored by Representatives Pellicciotti, Kraft, Kilduff, Orwall, Dolan, Doglio, Ormsby, Ryu, Macri, Stanford, Appleton, Riccelli, and Leavitt)

AN ACT Relating to modifying the crime of patronizing a prostitute; amending RCW 9A.88.110; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9A.88.110 and 2017 c 232 s 1 are each amended to read as follows:

(1) A person is guilty of patronizing a prostitute if:

(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or

(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or

(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.

(2) The crime of patronizing a prostitute may be committed in more than one location. The crime is deemed to have been committed in any location in which the defendant commits any act under subsection (1)(a), (b), or (c) of this section that constitutes part of the crime. A person who sends a communication to patronize a prostitute is considered to have committed the crime both at the place from which the contact was made pursuant to subsection (1)(a), (b), or (c) of this section and where the communication is received, provided that this section must be construed to prohibit anyone from being prosecuted twice for substantially the same crime.

(3) For purposes of this section, "sexual conduct" has the meaning given in RCW 9A.88.030.

(4)(a) Except as provided in (b) of this subsection, patronizing a prostitute is a misdemeanor;

(b) A second or subsequent conviction under this section or under an equivalent municipal ordinance is a gross misdemeanor.

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