SB 345

                SPONSOR:
                Sen. Poore & Rep. Phillips
                Sens. Hoffner, Brown, Buckson, Cruce, Hansen, Hocker, Huxtable, Lawson, Lockman, Mantzavinos, Paradee, Pettyjohn, Pinkney, Richardson, Seigfried, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Heffernan, Lambert
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 345
        AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PUBLIC INDECENCY.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend § 1356, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:
        § 1356. Definitions relating to prostitution.
        As used in §§ 1342-1355 of this title:
        (1) “Advance
        prostitution.” — A person advances prostitution when,
        prostitution” means when a person,
        acting other than as a prostitute or as a patron thereof,
        the person
         knowingly
        does any of the following:
        a.
        causes
        Causes
        or aids a person to commit or engage in
        prostitution,
        prostitution.
        b.
        procures
        Procures
        or solicits patrons for
        prostitution,
        prostitution.
        c.
        provides
        Provides
        persons or premises for prostitution
        purposes,
        purposes.
        d.
        operates
        Operates
        or assists in the operation of a house of prostitution or a prostitution
        enterprise or
        enterprise.
        e.
        engages
        Engages
        in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
        (2) “Advance exploitation” means when a person, acting other than as an exploited minor or as a patron of that exploited minor, knowingly does any of the following:
        a. Causes or aids a minor to commit or engage in exploitation.
        b. Procures or solicits patrons for exploitation.
        c. Provides persons or premises for exploitation purposes.
        d. Operates or assists in the operation of a house of exploitation or an exploitation enterprise.
        e. Engages in any other conduct designed to institute, aid or facilitate an act or enterprise of exploitation.
        (3) “Exploitation” or “exploited” or “exploited minor” means acts by a minor that would constitute prostitution under § 1342(a) of this title if that minor were 18 years old or older.
        (4) “Minor” means a person under the age of 18 years old.
        (2)
         (5)
         “Profit from
        prostitution.” — A person profits from prostitution when,
        prostitution” means when a person,
        acting other than as a prostitute receiving compensation for personally rendered prostitution services,
        the person
         accepts or receives money or other property pursuant to an agreement or understanding with
        any
        another
        person whereby the person
        profiting
        participates or is to participate in the proceeds of prostitution activity.
        (6) “Profit from exploitation” means when a person, acting other than as an exploited minor, accepts or receives money or other property pursuant to an agreement or understanding with another person whereby the person profiting participates or is to participate in the proceeds of exploitation.
        Section 2. Amend § 1342, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1342. Prostitution; class B misdemeanor.
        (c) A minor
        who, if 18 years or older, could be charged with prostitution as defined in subsection (a) of this section,
        who is exploited
        is presumed to be a neglected or abused child under § 901 of Title 10. Whenever a police officer has probable cause to believe that a minor
        has engaged in prostitution,
        is exploited,
        the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families
        pursuant to
        under
        § 903 of Title 16.
        Section 3. Amend § 1343, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1343. Patronizing a prostitute prohibited.
        (b)
        (2) Patronizing a prostitute is a class E felony if the person
        from whom prostitution is sought is a minor.
        from whom illegal sexual conduct is sought is an exploited minor.
        It is not a defense that the minor
        consented
        purported to consent
        to engage in commercial sexual activity or that the defendant believed the minor was an adult.
        (e)
        (1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship
        shall be
        is
        guilty of a class A misdemeanor, unless the person from whom
        prostitution is sought is a minor,
        illegal sexual conduct is sought is an exploited minor,
        in which case the offense is a class E felony. The minimum mandatory fine
        shall be
        is
        $1,000. This fine
        shall not
        must not
        be suspended.
        (2) It
        shall not be
        is not
        a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
        Section 4. Amend § 1352, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1352. Promoting prostitution in the second degree; class E felony.
        (a)
        A person is guilty of promoting prostitution in the second degree when the person
        knowingly:
         knowingly does any of the following:
        (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more
        prostitutes; or
         prostitutes.
        (2) Advances or profits from
        prostitution of a person less than 18 years old.
        the exploitation of a minor.
        (b)
        Promoting prostitution in the second degree is a class E felony.
        Section 5. Amend § 1353, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1353. Promoting prostitution in the first degree; class C felony.
        (a)
        A person is guilty of promoting prostitution in the first degree when the person
        knowingly:
         knowingly does any of the following:
        (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by
        another; or
         another.
        (2) Advances or profits from
        prostitution of a person less
        exploitation of a minor less
        than 16 years old.
        (b)
        Promoting prostitution in the first degree is a class C felony.
        Section 6. Amend § 1354, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
        A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity
        or exploitation
        the person is alleged to have advanced or attempted to advance or from whose prostitution activity
         or exploitation
         the person is alleged to have profited or attempted to profit.
        Section 7. Amend § 1355, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 1355. Permitting prostitution; class B misdemeanor.
        (a)
        A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution
         or exploitation
         purposes, the person fails to halt or abate such use within a reasonable period of time.
        (b)
        Permitting prostitution is a class B misdemeanor.
        Section 8. Amend § 761, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 761. Definitions generally applicable to sexual offenses.
        (i) “Sexual offense” means any offense defined by §§ 763 through 780, 783(4), 783(6), 783A(4), 783A(6), 787(b)(3), 787(b)(4), 1100A, 1108 through 1112B, 1335(a)(6), 1335(a)(7),
        1352(2),
        1352(a)(2),
        and
        1353(2),
        1353(a)(2),
        and 1361(b) of this title.
        Section 9. Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.
        (a) For the purposes of this section:
        (24) “Sexual activity” means any of the sex-related acts enumerated in § 761 of this title, or in § 1342, § 1351, §
        1352(1),
        1352(a)(1),
        §
        1353(1),
        1353(a)(1),
        § 1354 or § 1355 of this title or sexually-explicit performances;
        Section 10. Amend § 3513, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 3513. Hearsay exception for child victim’s or witness’s out-of-court statement of abuse.
        (a) An out-of-court statement made by a child victim or witness who is under 11 years of age at the time of the proceeding concerning an act that is a material element of the offense relating to sexual abuse, physical injury, serious physical injury, death, abuse or neglect as described in any felony delineated in subpart A, B or D of subchapter II of Chapter 5 of this title, or in any of the felonies delineated in § 782, § 783, § 783A, § 787, § 1100A, § 1102, § 1108, § 1109, § 1111, § 1112A, § 1112B, § 1335(a)(6), § 1335(a)(7), §
        1353(2),
        1353(a)(2),
        or § 1361(b) of this title or in any attempt to commit any felony delineated in this paragraph that is not otherwise admissible in evidence is admissible in any judicial proceeding if the requirements of subsections (b) through (f) of this section are met.
        Section 11. Amend § 4121, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 4121. Community notification of sex offenders on probation, parole, conditional release, or release from confinement.
        (a) As used in this subchapter:
        (4) “Sex offender” means any person who is, or has been:
        a. Convicted of any of the offenses specified in §§ 765 through 780, § 787(b)(3)-(4), § 1100A, §§ 1108 through 1112B, § 1335(a)(6), § 1335(a)(7), §
        1352(2),
        1352(a)(2),
        §
        1353(2)
        1353(a)(2)
        or § 1361(b) of this title, or of any attempt or conspiracy to commit any of the aforementioned offenses; or
        (d) Sex offenders shall be assigned to a Risk Assessment Tier as follows, unless pursuant to § 4123 of this title, the Family Court has not required a juvenile adjudicated delinquent of a sex offense to register:
        (2) Risk Assessment Tier II. — Risk Assessment Tier II. Any sex offender convicted or adjudicated delinquent of any of the following offenses shall be designated by the court to Risk Assessment Tier II:
        f. Upon motion of the State, any person convicted of any offense set forth in §§ 761 through 767 or §§ 1108 through 1111 or § 1321(5) or §
        1352(2)
        1352(a)(2)
        or §
        1353(2)
        1353(a)(2)
        of this title which is not otherwise specified in this paragraph, or in paragraph (d)(1) of this section, if the sentencing court determines by a preponderance of the evidence after it weighs all relevant evidence which bears upon the particular facts and circumstances or details of the commission of the offense and the character and propensities of the offender, that public safety will be enhanced by assigning the offender to Risk Assessment Tier II; or
        Section 12. Amend § 1356, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:
        § 1356. Definitions relating to prostitution.
        As used in §§ 1342-1355 of this title:
        (2)
        (4)
         “Illicit massage establishment” means an establishment that facilitates prostitution
        or exploitation
         using the cover of either of the following:
        a. A massage establishment, as defined in § 5302 of Title 24.
        b. A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered.
        Section 13.
        a. If House Bill No. 409 has not passed both chambers by July 2, 2026, then Section 12 does not take effect.
        b. If House Bill No. 409 has passed both chambers by July 2, 2026, but is not enacted into law, Section 12 does not take effect.
        c. If House Bill No. 409 has passed both chambers by July 2, 2026, and is enacted into law, then Section 12 takes effect.
        SYNOPSIS
        Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older.
        This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken.
        Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353.
        Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted.
        This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
        Author: Senator Poore