Sub. S.B. 183

127th General Assembly

(H. Criminal Justice)

The committee made the following changes to the Senate-passed version of the bill:

(1) It removed the increased penalty under existing law for a subsequent offense of "importuning" and required the imposition of a mandatory prison term for the offense of "importuning" if the offender previously has been convicted of a sexually oriented offense or a child-victim oriented offense.

(2) It prohibited any person from knowingly (a) inducing, procuring, encouraging, soliciting, requesting, or otherwise facilitating a person the offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor, (b) paying or agreeing to pay a person the offender believes to be a minor, either directly or through the person's agent, so that the person will engage in sexual activity, whether or not the person is a minor, (c) paying a person the offender believes to be a minor, either directly or through the person's agent, for the person having engaged in sexual activity pursuant to a prior agreement, whether or not the person is a minor, or (d) allowing a person the offender believes to be a minor to engage in sexual activity for hire if the person allowing the person to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the person the offender believes to be a minor, whether or not the person is a minor, and made a violation of any of those prohibitions "compelling prostitution," a felony of the third degree.

(3) It modified the definition of "adult cabaret" for purposes of the offenses of "illegally operating a sexually oriented business" and "illegal sexually oriented activity in a sexually oriented business" to mean a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features persons who appear in a state of nudity or seminudity (existing law), live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

S0183-127.doc/ss