PA 10-115—sSB 153

Select Committee on Children

Judiciary Committee

AN ACT PROVIDING A SAFE HARBOR FOR EXPLOITED CHILDREN

SUMMARY: This act creates a presumption (i. e. , one that must be rebutted by the prosecution) that a 16- or 17-year-old charged with prostitution was coerced into committing the offense by another person in violation of the law against trafficking in persons (CGS 53a-192a). Prior law allowed anyone accused of prostitution to assert that he or she was coerced by the use or threat of force as an affirmative defense.

The act increases the penalty for promoting prostitution using a person who is younger than 18 years old. It does so by making it a class B, rather than a class C, felony (see Table on Penalties). It also imposes a nine-month mandatory minimum prison sentence for promoting prostitution of someone under age 18.

In any prosecution for patronizing a prostitute or promoting or permitting prostitution, the act bars a defendant from asserting that the person engaging or agreeing to engage in sexual conduct for a fee cannot be prosecuted for prostitution because of his or her age. It also makes technical changes.

EFFECTIVE DATE: October 1, 2010

OLR Tracking: RO: SC: JL: DF