Senate File 2311 H-8117 Amend Senate File 2311, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 232.2, subsection 6, Code 2014, 5 is amended by adding the following new paragraph: 6 NEW PARAGRAPH . r. Who is allowed, permitted, or 7 encouraged by an adult having influence or control of 8 the child to engage in acts prohibited pursuant to 9 section 725.1. 10 Sec. 2. Section 710.10, Code 2014, is amended by 11 adding the following new subsection: 12 NEW SUBSECTION . 7. For purposes of this section, 13 methods of enticement include but are not limited 14 to personal contact and communication by any means 15 including through the mail, telephone, internet, or 16 any social media, and include text messages, instant 17 messages, and electronic mail. 18 Sec. 3. Section 725.1, Code 2014, is amended to 19 read as follows: 20 725.1 Prostitution. 21 1. a. A Except as provided in paragraph “b” , 22 a person who sells or offers for sale the person’s 23 services as a partner in a sex act commits an 24 aggravated misdemeanor. , or 25 b. If the person who sells or offers for sale the 26 person’s services as a partner in a sex act is under 27 the age of eighteen and reasonable grounds exist to 28 believe that the influence or control of an adult 29 contributed to the commission of the offense, the 30 county attorney may elect, in lieu of prosecution, to 31 refer the person to the department of human services 32 alleging that the person is a child in need of 33 assistance pursuant to section 232.2, subsection 6. 34 c. If the person who sells or offers for sale the 35 person’s services as a partner in a sex act is under 36 the age of eighteen, upon the expiration of two years 37 following the person’s conviction for a violation 38 of paragraph “a” or of a similar local ordinance, 39 the person may petition the court to expunge the 40 conviction, and if the person has had no other criminal 41 convictions, other than local traffic violations or 42 simple misdemeanor violations of chapter 321 during the 43 two-year period, the conviction shall be expunged as 44 a matter of law. The court shall enter an order that 45 the record of the conviction be expunged by the clerk 46 of the district court. Notwithstanding section 692.2, 47 after receipt of notice from the clerk of the district 48 court that a record of conviction has been expunged for 49 a violation of paragraph “a” , the record of conviction 50 -1- SF2311.3196 (3) 85 rh/rj 1/ 3 #1.

shall be removed from the criminal history data files 1 maintained by the department of public safety. 2 2. a. Except as provided in paragraph “b” , a 3 person who purchases or offers to purchase such another 4 person’s services , as a partner in a sex act commits 5 an aggravated misdemeanor. 6 b. A person who purchases or offers to purchase 7 services as a partner in a sex act from a person 8 fifteen years of age or younger commits a class “D” 9 felony. 10 Sec. 4. Section 725.2, Code 2014, is amended to 11 read as follows: 12 725.2 Pimping. 13 1. A person who solicits a patron for a prostitute, 14 or who knowingly takes or shares in the earnings of 15 a prostitute, or who knowingly furnishes a room or 16 other place to be used for the purpose of prostitution, 17 whether for compensation or not, commits a class “D” 18 felony. 19 2. A person who solicits a patron for a prostitute 20 who is under the age of eighteen, or who knowingly 21 takes or shares in the earnings of a prostitute who is 22 under the age of eighteen, or who knowingly furnishes 23 a room or other place to be used for the purposes of 24 prostitution of a prostitute who is under the age of 25 eighteen, whether for compensation or not, commits a 26 class “C” felony. 27 Sec. 5. NEW SECTION . 802.2B Sexual exploitation 28 of a minor. 29 An information or indictment for sexual exploitation 30 of a minor under section 728.12 committed on or with 31 a person who is under the age of eighteen years shall 32 be found within ten years after the person upon whom 33 the offense is committed attains eighteen years of 34 age, or if the person against whom the information or 35 indictment is sought is identified through the use of 36 a DNA profile, an information or indictment shall be 37 found within three years from the date the person is 38 identified by the person’s DNA profile, whichever is 39 later. 40 Sec. 6. Section 802.3, Code 2014, is amended to 41 read as follows: 42 802.3 Felony —— aggravated or serious misdemeanor. 43 In all cases, except those enumerated in section 44 802.1 , 802.2 , 802.2A , 802.2B, or 802.10 , an indictment 45 or information for a felony or aggravated or serious 46 misdemeanor shall be found within three years after its 47 commission. 48 Sec. 7. Section 808B.3, Code 2014, is amended by 49 adding the following new subsection: 50 -2- SF2311.3196 (3) 85 rh/rj 2/ 3

NEW SUBSECTION . 6. A felony offense involving 1 human trafficking in violation of chapter 710A. > 2 2. Title page, line 2, after < prostitution > by 3 inserting < pimping, > 4 3. Title page, by striking lines 3 and 4 and 5 inserting < trafficking, and providing penalties. > 6 ______________________________ COMMITTEE ON JUDICIARY BALTIMORE of Boone, Chairperson -3- SF2311.3196 (3) 85 rh/rj 3/ 3 #2. #3.