Across the United States, lawmakers in 11 states are advancing controversial bills targeting consensual adult sex work. These bills, which focus on increasing penalties for “solicitation of prostitution” and rebranding it as “commercial sexual exploitation,” threaten to further criminalize sex work and reinforce harmful stigma. Rather than addressing the underlying issues of exploitation, these measures create additional barriers to safety, resources, and legal protection for sex workers.
Here are the bills under consideration:
* Washington HB1265: Renames "Patronizing a Prostitute" to "Commercial Sexual Exploitation," elevating the offense from a misdemeanor to a Class C felony with increased fees.
* Idaho HB88: Makes soliciting commercial sexual activity a felony, escalating the penalty from the current law that treats a first offense as a misdemeanor.
* Nevada AB151: Adds “solicitation for prostitution” by customers to the sex offender registry, making it subject to the same penalties as other sexual offenses.
* Kansas SB71: Increases penalties for purchasing sexual services and mandates “John school” diversion programs.
* New Jersey S4123/A1185: Elevates the penalty for prostitution as a patron and directs fines to a Human Trafficking Survivor’s Assistance Fund.
* Nebraska LB511: Creates the offense of “commercial sexual exploitation,” adds certain offenses to the sex offender registry, and establishes a grant program for law enforcement.
* Virginia HB2763: Increases penalties for repeat offenders of soliciting prostitution.
* South Carolina S235: Increases penalties for both prostitution and solicitation.
* Missouri HB224: Increases penalties for patronizing prostitution.
* Oklahoma SB869: Elevates all prostitution-related crimes to felonies.
* New Hampshire SB267: Introduces a mandatory $500 fine for engaging in prostitution as a patron, directing funds to a victims’ assistance fund.
These bills contribute to a broader pattern of conflating consensual adult sex work with human trafficking, ultimately misdirecting law enforcement resources. By targeting clients instead of addressing actual cases of exploitation, these measures fail to improve the safety or well-being of sex workers. Instead, they push sex work further underground, making it more difficult for workers to access support, services, or protections.
The bills also propose adding those convicted of solicitation to the sex offender registry, which carries severe, long-lasting consequences. Being placed on this registry restricts an individual’s ability to secure housing, find employment, and engage in normal activities, creating lifelong punishment for consensual acts.
Tens of thousands of people are arrested annually in the United States for prostitution and related charges. The majority of those arrested are adults who engage in consensual, victimless activities. Unambiguous data shows a clear correlation between laws that criminalize clients and an increase in violence, sexually transmitted infections (STIs), and exploitation within the sex trade. The increased criminalization of clients pushes sex work further underground and leaves workers vulnerable to harm. This not only increases their exposure to violence and health risks, but it also forces sex workers into reliance on potentially exploitative third parties to maintain their business while avoiding discovery.
