wa-law.org > bill > 2025-26 > HB 2526 > Substitute Bill
A person is guilty of patronizing a person for prostitution if:
Pursuant to a prior understanding, he or she pays a fee or provides anything of value to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
He or she pays or agrees to pay a fee or provide anything of value to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee or providing anything of value.
The crime of patronizing a person for prostitution 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 person for prostitution 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.
Patronizing a person for prostitution is a gross misdemeanor, however, if the person has two or more prior convictions under this section for conduct occurring after April 1, 2026, a violation of this section is a class C felony.
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 this section or a comparable county or municipal ordinance shall be assessed a fee in the amount of:
$3,000 if the defendant has no prior convictions, or has not entered into a plea agreement to a reduced or different charge, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense;
$5,000 if the defendant has one prior conviction, or has entered into a plea agreement to a reduced or different charge, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
$10,000 if the defendant has two or more prior convictions, or has entered into plea agreements for a reduced or different charge, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense on two or more prior occasions.
[Empty]
At least 98 percent of the revenue from fees generated by subsection (4) of this section must be directed to community-based, survivor-led organizations that provide rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
Two percent of the revenue from fees imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
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 court shall not reduce, waive, or suspend payment of all or part of the assessed fee in this section unless it finds, on the record, that the person 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.
A superior court may, as described in RCW 9.94A.760, set a sum that the person is required to pay on a monthly basis towards satisfying the fee imposed in this section.
A district or municipal court may enter into a payment plan with the defendant, in which the fee assessed in this section is paid through scheduled periodic payments. The court may assess the defendant a reasonable fee for administrative services related to the operation of the payment plan.
For the purposes of this section:
"Sexual conduct" means "sexual intercourse" or "sexual contact," both as defined in chapter 9A.44 RCW.
"Statutory or nonstatutory diversion agreement" has the meaning given in RCW 9A.88.120.
"Deferred sentence" has the meaning given in RCW 9A.88.120.
[Empty]
In addition to penalties set forth in RCW 9A.88.010 , an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.010 or a comparable county or municipal ordinance shall be assessed a fifty dollar fee.
In addition to penalties set forth in RCW 9A.88.090, an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.090 or comparable county or municipal ordinances shall be assessed a fee in the amount of:
One thousand five hundred dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
Two thousand five hundred dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
Five thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
c.
In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal ordinances shall be assessed a fee in the amount of:
i. Three thousand dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
ii. Six thousand dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
iii. Ten thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
The court shall not reduce, waive, or suspend payment of all or part of the assessed fee 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.
A superior court may, as described in RCW 9.94A.760, set a sum that the offender is required to pay on a monthly basis towards satisfying the fee imposed in this section.
A district or municipal court may enter into a payment plan with the defendant, in which the fee assessed in this section is paid through scheduled periodic payments. The court may assess the defendant a reasonable fee for administrative services related to the operation of the payment plan.
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 fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
Two percent of the revenue from fees imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
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.
For the purposes of this section:
"Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
"Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
A person age eighteen or older is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee or accepting anything of value.
For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual contact," both as defined in chapter 9A.44 RCW.
For a first and second violation of this section, law enforcement shall refer a person engaged in prostitution to services, such as human trafficking, crisis intervention, housing, legal aid, counseling, or treatment, including prostitution prevention and intervention services, if available.
For a third or subsequent violation of this section, prostitution is a misdemeanor.
A person who assaults a person engaged in prostitution is guilty of a class C felony.
Law enforcement shall not arrest a person for prostitution when law enforcement is:
Responding to a person engaged in prostitution who is reporting the commission of any other crime; or
Investigating any other crime.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2026.