Increased sex trafficking penalties advance

Lawmakers advanced a bill May 23 that would enhance penalties for pandering, soliciting and harboring people for prostitution.

LB255, introduced by Lincoln Sen. Amanda McGill, would create offenses for sex trafficking, which the bill defines as knowingly recruiting, enticing, harboring, transporting, providing or obtaining a person for the purpose of having such person engage in commercial sexual activity, sexually explicit performance or the production of pornography.

Studies show that the average age of entry into human trafficking is 12 to 14 years old, McGill said.

“They do not go into this willingly,” she said. “They are victims. They are not young people making this choice and our law should not reflect that this is a choice that they are willfully making.”

A Judiciary Committee amendment, adopted 25-0, replaced the original provisions of the bill, making a person under 18 years old immune from charges of prostitution. A law enforcement officer who takes a person under 18 years of age into custody would be required to report an allegation of prostitution immediately to the state Department of Health and Human Services, which would commence an investigation within 24 hours under the Child Protection Act.

The amended bill also would increase the penalty for soliciting a minor for prostitution, currently a Class I misdemeanor carrying a maximum one year in jail and $1,000 fine, to a Class IV felony, which carries a maximum five years in jail and a $10,000 fine. Keeping a place of prostitution, currently a Class I misdemeanor, would be a Class IV felony when those kept as prostitutes are under the age of 18. In cases involving a trafficking victim between the ages of 15 and 18 years old, the offender would be guilty of a Class III felony.

Finally, LB255 would require a trafficking task force formed last year to use information and research that is available from the Innocence Lost National Initiative to recommend a model of rehabilitative services for victims of human trafficking, which McGill said could help provide education to victims and rebuild their self-esteem.

Lincoln Sen. Colby Coash said he supported the bill, but felt it could go further to increase penalties for those who solicit prostitution in general. According to law enforcement in his district, he said, many of the offenders repeat the behavior, as the current $250 fine isn’t enough of a deterrent.

“Let’s focus on the customers,” he said, introducing amendment that would raise the fine to $500.

Sen. Pete Pirsch of Omaha questioned whether the amendment would have the unintended consequence of increasing penalties on prostitutes themselves, as the fine pertains to those who “solicit” prostitution. In many cases, he said, the encounter may be initiated by the prostitute and not the “john,” he said.

Coash withdrew the amendment, saying that had not been his intent.

Senators voted 25-0 to advance the bill from general file.