wa-law.org > bill > 2023-24 > HB 2076 > Original Bill
such person recruits, entices, harbors, transports, isolates, solicits, provides, obtains, buys, purchases, maintains, or receives by any means another person and:
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i. Knows, or acts in reckless disregard of the fact, that force, fraud, or coercion will be used to cause the person to engage in
forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act; or
ii. Such person knowingly, or in reckless disregard, causes a person under 18 years of age to engage in a sexually explicit act or commercial sex act, or benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i) or (ii) of this subsection; provided, that it is not a defense that such person did not know, or recklessly disregarded the fact, that the other person was under 18 years of age or believed the other person was older, as the case may be; and
b. The acts or venture set forth in (a)(i) or (ii) of this subsection:
i. Involve such person committing or attempting to commit kidnapping;
ii. Involve a finding of sexual motivation ;
iii. Involve the illegal harvesting or sale of human organs; or
iv. Result in a death.
Trafficking in the first degree is a class A felony.
A person is guilty of trafficking in the second degree when such person
recruits, entices, harbors, transports, isolates, solicits, provides, obtains, buys, purchases, maintains, or receives by any means another person and:
a. Knows, or acts in reckless disregard of the fact, that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act
; or
b. Such person knowingly, or in reckless disregard, causes a person under 18 years of age to engage in a sexually explicit act or commercial sex act, or benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)or (b) of this subsection; provided, that it is not a defense that such person did not know, or recklessly disregarded the fact, that the other person was under 18 years of age or believed the other person was older, as the case may be.
Trafficking in the second degree is a class A felony.
If the victim of any offense identified in this section is a minor, then force, fraud, or coercion are not necessary elements of an offense and consent to the sexually explicit act or commercial sex act does not constitute a defense.
For purposes of this section:
"Coercion" includes, but is not limited to, the following circumstances:
Using or threatening to use physical force against any person;
Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against their will;
Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services are pledged as a security for the debt, the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, or the length and nature of the labor or services are not respectively limited and defined;
Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;
Causing or threatening to cause financial harm to any person;
Enticing or luring any person by fraud or deceit;
Providing or withholding any drug, alcohol, or controlled substance to another person knowing that this other person will be caused to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act;
Accusing any person of a crime or causing criminal charges to be instituted against any person;
ix. Exposing a secret or publicizing an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule;
Taking wrongful action as an official against anyone or anything, or wrongfully withholding official action, or causing such action or withholding; or
Committing any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships.
"Commercial sex act" means any act of sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, for which something of value is given or received by any person.
"Kidnapping" means intentionally abducting another person.
"Maintain" means, in relation to forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such labor, servitude, or act.
"Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
"Sexually explicit act" means a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons for which something of value is given or received.
A person who is convicted , enters into a plea agreement to a reduced or different charge, is given a deferred sentence or a deferred prosecution, or enters into a statutory or nonstatutory diversion agreement as a result of an arrest for a violation of a trafficking crime shall be assessed a $10,000 fee. The court shall not reduce, waive, or suspend payment of all or part of the fee assessed in this section unless it finds, on the record, that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
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Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
At least 50 percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as programs to educate and divert persons from soliciting commercial sexual services, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
The state auditor must conduct an accountability and financial audit of each superior court, county, city, and town in the state, with respect to the collection and use of mandatory fees assessed pursuant to RCW 9A.40.100. In addition to other measures established by the state auditor, the audits shall:
Determine whether the superior courts are assessing fees consistent with the requirements of RCW 9A.40.100;
Determine whether the counties, cities, and towns are using the revenue from assessed fees to fund local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws;
Determine whether the counties, cities, and towns are using at least 50 percent of the revenue from assessed fees on prevention, including education programs for offenders, such as programs to educate and divert persons from soliciting commercial sexual services, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling; and
If fees are not being assessed or used as required, make recommendations for corrective action.
The state auditor shall complete the accountability and financial audits and publish reports with its findings no later than December 31, 2025.
This section expires January 31, 2026.
Subject to the availability of funds appropriated for this purpose, the commercially sexually exploited children statewide coordinating committee is established to address the issue of children who are commercially sexually exploited, to examine the practices of local and regional entities involved in addressing sexually exploited children, and to make recommendations on statewide laws and practices.
The committee is convened by the office of the attorney general with the department of commerce assisting with agenda planning and administrative and clerical support. The committee consists of the following members:
One member from each of the two largest caucuses of the house of representatives appointed by the speaker of the house of representatives;
One member from each of the two largest caucuses of the senate appointed by the president of the senate;
A representative of the governor's office appointed by the governor;
The secretary of the department of children, youth, and families or his or her designee;
The secretary of the juvenile rehabilitation administration or his or her designee;
The attorney general or his or her designee;
The superintendent of public instruction or his or her designee;
A representative of the administrative office of the courts appointed by the administrative office of the courts;
The executive director of the Washington state criminal justice training commission or his or her designee;
A representative of the Washington association of prosecuting attorneys appointed by the association;
The executive director of the office of public defense or his or her designee;
Three representatives of community service providers that provide direct services to commercially sexually exploited children appointed by the attorney general;
Two representatives of nongovernmental organizations familiar with the issues affecting commercially sexually exploited children appointed by the attorney general;
The president of the superior court judges' association or his or her designee;
The president of the juvenile court administrators or his or her designee;
Any existing chairs of regional task forces on commercially sexually exploited children;
A representative from the criminal defense bar;
A representative of the center for children and youth justice;
A representative from the office of crime victims advocacy;
The executive director of the Washington coalition of sexual assault programs;
The executive director of the statewide organization representing children's advocacy centers or his or her designee;
A representative of an organization that provides inpatient chemical dependency treatment to youth, appointed by the attorney general;
A representative of an organization that provides mental health treatment to youth, appointed by the attorney general; and
A survivor of human trafficking, appointed by the attorney general.
The duties of the committee include, but are not limited to:
Overseeing and reviewing the implementation of the Washington state model protocol for commercially sexually exploited children at task force sites;
Receiving reports and data from local and regional entities regarding the incidence of commercially sexually exploited children in their areas as well as data information regarding perpetrators, geographic data and location trends, and any other data deemed relevant;
Receiving reports on local coordinated community response practices and results of the community responses;
Reviewing recommendations from local and regional entities regarding policy and legislative changes that would improve the efficiency and effectiveness of local response practices;
Making recommendations regarding policy and legislative changes that would improve the effectiveness of the state's response to and promote best practices for suppression of the commercial sexual exploitation of children;
Making recommendations regarding data collection useful to understanding or addressing the problem of commercially sexually exploited children;
Reviewing and making recommendations regarding strategic local investments or opportunities for federal and state funding to address the commercial sexual exploitation of children;
Reviewing the extent to which chapter 289, Laws of 2010 (Engrossed Substitute Senate Bill No. 6476) is understood and applied by enforcement authorities;
Compiling data on the number of juveniles believed to be victims of sexual exploitation taken into custody under RCW 43.185C.260.
The committee must meet no less than annually.
The committee shall annually report its findings and recommendations to the appropriate committees of the legislature and to any other known statewide committees addressing trafficking or the commercial sex trade.
This section expires June 30, 2030.