Kalani Rodriguez Jimenez
Decriminalizing Prostitution
State Statutes
Best practices, possible implementations
START
What is the issue?
Minors are being re-victimized
Across the United States, many states still charge children with prostitution even when they are victims of commercial sex eploitation or human trafficking. Wisconsin is one of these states. While minors are not legally consenting, they are still able to be charged and prosecuted with prostitution. Why is this happening?
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Prosecution as Protection
Often, criminally charging a child is the only way to keep them in custody and away from traffickers.
Classification of Protections Across States
Safe Harbor Laws: Provide immunity to minors
31
10
States with other forms of Juvenile Justice System exposure
States with quasi-punitive punishement (CHINS)
States with Safe Harbor Laws
States with affirmative defense only
States with no protections/ defenses
Minors involved in prostitution are typically in situations of human trafficking. Law enforcement often say that these laws and statutes are the only way they can keep youth safe. Without charging a minor, they often escape shelters or social services back to their trafficker or abuser.
Dive into Wisconsin's Laws
§944.30
Sexual Assault/Human Trafficking Laws
(Recent) Attempted Legislation
(Recent) Attempted Legislation
WI Law
Does not automatically charge minors for prostitution, but is still an option
Culpability for commercial sexual exploitation of a child is placed on the trafficker
2025 Assembly Bill 48/Senate Bill 73
2023 Assembly Bill 48
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Areas of Concern/Issues
Why is attempted legislation failing?
Blocked Legislation
Why is it being stopped?
1. Protection would be limited
Minors involved in prostitution are often in very vulnerable situations or victims of human trafficking. Law enforcement can charge them with prostitution or related crimes in order to "protect" them. This can help keep them away from their trafficker for longer amounts of time in order to connct them with needed resources. This is mostly done since often, minors will run away from shelters back to their abuser. Criminally charging minors is a more reliable force of separation.
Blocked Legislation
Why is it being stopped?
2. Not a pressing issue
While this may seem like a priority as legislation, it is not. Although minors can be charged with prostitution, that does not mean that it is happening often. Those under 18 years of age are usually charged with similar crimes or adjudicated a juvenile in need of protective services. This avoids giving them a prostitution conviction, but still leaves them with a criminal record. The fact that minors are not typically charged with prostitution has created a thought that this new legislation is not needed.
Blocked Legislation
Why is it being stopped?
3. Funding for social services
Originally when this bill was introduced, it focused on decriminalizing prostitution AND providing additional funding toward social services which would take the place of holding minors. However, this is one of the main points which deters lawmakers from implementing this law. This has led to the removal of additional funding completely, now the bill focuses only on decriminalizing prostitution.
Possible Implementations
How do other states work?
Guidance From Fellow States
How do other states operate?
Majority of US states have decriminalized prostitution for minors -- many of them in recent years. We can use these states and their policy implementations as potential routes for Wisconsin to take. Although immunity for minors is the goal, sometimes it is better to start with smaller steps in legislation, as this will likely lead to more bipartisan support.
Reduces the amount of youth in the juvenile justice system
Safe Harbor /Immunity
More access to services (mental health, substance abuse, educational, etc.)
Helps victims of human trafficking
Title 2
Guidance From Fellow States
How do other states operate?
Wyoming §6-2-708:Victims of human trafficking are not criminally liable for certain offenses committed due to being a victim (including prostitution). A minor who is a victim of human trafficking and commits prostitution shall be deemed a child in need of supervision, rather than delinquent.
Wyoming
Application to WI
Quasi-punitive method: minors can still technically be charged with prostitution or related crimes, may be adjudicated CHINS
Implementing the aspect of remedy after conviction would greatly serve those who are victims but possibly could not prove it at the time. This would help clear their name and also serve to remedy some of the trauma they endured. The adjudication of a minor as CHINS would also serve a child by not assigning a stigamatizing criminal record to them.
There is a focus on requirement of the minor being a victim
A court may vacate a conviction if it was established after that the minor was a victim
Title 2
Guidance From Fellow States
How do other states operate?
Alabama § 13A-12-12: Provides a safe harbor provision for a child who enagages in the act of prostitution because they were sexually exploited. The child may not be adjudicated delinquent or convicted of prostitution, rather they are adjudicated a child in need of supervision or a dependent child.
Alabama
Application to WI
Protections for minors who were sexually exploited
This path could be taken in Wisconsin -- instead of having the option to criminally convict a child, adjudicating them as a child in need of supervision could be the default path. This would avoid retraumatizing a child while ensuring that they are protected from their abuser.
Adjudicated to a child need in supervision rather than delinquent -- provides services otherwise not guaranteed
Minors may not be transfered to adult court which protects them from more punitive convictions
Title 2
Guidance From Fellow States
How do other states operate?
Connecticut § Public Act No. 10-115: Follows a tiered approach: prostitution has been decriminalized for those aged 15 and under. There has been an assumption created for for a person aged 16-17 that they were coerced into prostitution
Connecticut
Application to WI
Those 15 and under are thoroughly protected through the law
Since Wisconsin's age for adult offenses is 17, this option could be appealing to those who agree with the current minimum age requirement. Since it gives those 16-17 more responsibility with the actions and treats them as adults, it may help to earn bipartisan support.
Those aged 16-17 may still be charged with prostitution, but are presumed to have been coerced
There is an affirmative action defense of coercion
Title 2
Guidance From Fellow States
How do other states operate?
Mississippi § 97-29-51: If a person suspected of or charged with promoting prostitution is a minor under 18 who meets the definition of a trafficked person, the minor is immune from prosecution for prostitution.
Mississippi
Application to WI
Minors are recognized as victims of sex trafficking if they are involved in prostitution
In Wisconsin, this would require that the minor be a victim of trafficking in order to gain immunity. It would instead provide resources/services rather than punishment. While the funding aspect for services may be a barrier, it would limit who gets the resources since not all minors gain immunity under this legislation.
Minors also presumed to be a child who has been neglected or abused
If a person is believed to be a victim of trafficking, it shall be considered a mitigating factor & they shall be referred to appropriate resources
Title 2
Guidance From Fellow States
How do other states operate?
Oklahoma § 97-29-51: No child who is a victim of human trafficking shall be subject to juvnile delinquency or criminal proceedings for prostitution if it occured from the result of the child being a victim of human trafficking.
Oklahoma
Application to WI
Minors are not criminally charged if they were victims of human trafficking
If implemented in Wisconsin, this law would provide immunity to minors who were victims of human trafficking rather than all minors by default. This may earn more bipartisan support from those who still want punitive results for minors' actions.
Immunity is dependent on the fact that the minor was a victim
Further punitive measures for those who commit prostitution with anyone under 18 years old -- it is considered child sex trafficking
Title 2
Guidance From Fellow States
How do other states operate?
West Virginia § 61-8-5: Minors cannot be prosecuted for prostitution if the court determines that they are a victim of human trafficking.
West Virginia
Application to WI
Limits immunity to minors who were victims of certain offenses
In Wisconsin, this legislation could also earn bipartisan support, since immunity would be limited to victims and the victimization would need to be determined by a court. This may appeal to legislators who still value punitive measures.
Minors are also not criminally liable if they were victims
Allows immunity for minors for reasons not reliant on human trafficking, such as coercion or threats
Title 2
Guidance From Fellow States
How do other states operate?
Funds for human trafficking victims: go towards social services Many states across the United States have established safe harbor funds or funds for sexually exploited chilren. The funds are collected from sex crimes fines and fees, as well as from offenses against chidren. Collected funds are then reallocated towards social services and programs which serve sexually exploited children. Establishing this sort of fund in Wisconsin would ease the funding element which is a key issue in the legislation. This fund and the money collected could be used to better serve youth in Wisconsin by providing resources and offering more assistance to those who are vulnerable.
Outcomes
How would this be beneficial?
Implementation Outcomes
Key elements
Criminal responsibility
diversion
services
- Would grant immunity to minors who are victims of human trafficking, leading to less re-victimization and trauma.
- Would avoid children having a lifelong criminal record which leads to stigma and discrimination.
- Minors who are victims will be diverted from the juvenile justice system, rather than deemed delinquent.
- Traffickers would not be able to use an arrest against their victims, they would have less control over them -- making victims more likely to come forward.
- Would provide protective and rehabilitative services to address the victimization of trafficking.
- This would be trauma-informed care such as counseling, housing support, educational support, and mental health treatment -- leading them to be more productive members of society.
Why would a safe harbor law benefit minors?
Conclusion
In the state of Wisconsin, minors are still eligible to be charged with prostitution. However, this law is rarely used against them, it is a law that remains unemployed. Instead, other charges can be placed on a child to keep protected against their possible abuser/trafficker -- but this only works to revictimize the child and traumatize them. Rather than criminalize exploited and traumatized children, it is crucial that Wisconsin provide more resources outside of the juvenile justice system that work to serve minors -- without adjudicating them delinquent. In Wisconsin's case, the best practice would be to implement safe harbor laws, which do not give all minors immunity, but focus on those who are victims of human trafficking. Many safe harbor laws jointly establish a fund for sexually exploited children and human trafficking victims. This implementation could create an opening for funding going towards social services for victims, which would relief some of the funding stress often discussed within the legislature. This change in legislation may have more bipartisan appeal and would benefit those who are directly victims. This change would also lead to room to further expand immunity to all minors.
Sources
13-3214 - Prostitution; Classification, www.azleg.gov/ars/13/03214.htm. Accessed 17 Oct. 2025. 2015 Arkansas Code :: Title 19 - Public Finance :: Chapter 5 - Revenue Stabilization Law :: Subchapter 12 - Miscellaneous Funds Continued :: § 19-5-1252 - Safe Harbor Fund for Sexually Exploited Children., law.justia.com/codes/arkansas/2015/title-19/chapter-5/subchapter-12/section-19-5-1252/. Accessed 17 Oct. 2025. 2020 Arkansas Code :: Title 5 - Criminal Offenses :: Subtitle 2 - Offenses against the Person :: Chapter 18 - Human Trafficking Act of 2013 :: § 5-18-103. Trafficking of Persons, law.justia.com/codes/arkansas/2020/title-5/subtitle-2/chapter-18/section-5-18-103/. Accessed 17 Oct. 2025. 2024 Alaska Statutes :: Title 11. Criminal Law :: Chapter 66. Offenses Against Public Health and Decency :: Article 1. Prostitution and Related Offenses. :: Sec. 11.66.100. Prostitution, law.justia.com/codes/alaska/title-11/chapter-66/article-1/section-11-66-100/. Accessed 17 Oct. 2025. 2024 Code of Georgia :: Title 16 - Crimes and Offenses (§§ 16-1-1 — 16-17-10) :: Chapter 6 - Sexual Offenses (§§ 16-6-1 — 16-6-25) :: Section 16-6-9 - Prostitution, law.justia.com/codes/georgia/title-16/chapter-6/section-16-6-9/. Accessed 17 Oct. 2025. 2024 Delaware Code :: Title 11 - Crimes and Criminal Procedure :: Chapter 5. Specific Offenses :: Subchapter VII. Offenses against Public Health, Order and Decency :: § 1342. Prostitution; Class B Misdemeanor., law.justia.com/codes/delaware/title-11/chapter-5/subchapter-vii/section-1342/. Accessed 17 Oct. 2025. 2024 Indiana Code :: Title 35. Criminal Law and Procedure :: Article 31.5. Definitions :: Chapter 2. Definitions :: 35-31.5-2-178.5. “Juvenile Prostitution,” law.justia.com/codes/indiana/title-35/article-31-5/chapter-2/section-35-31-5-2-178-5/. Accessed 17 Oct. 2025. 2024 New Hampshire Revised Statutes :: Title LXII - Criminal Code :: Chapter 645 - Public Indecency :: Section 645:2 - Prostitution and Related Offenses., law.justia.com/codes/new-hampshire/title-lxii/chapter-645/section-645-2/. Accessed 17 Oct. 2025. 2024 Tennessee Code :: Title 39 - Criminal Offenses (§§ 39-1-101 — 39-17-1812) :: Chapter 13 - Offenses Against Person (§§ 39-13-101 — 39-13-1004) :: Part 5 - Sexual Offenses (§§ 39-13-501 — 39-13-535) :: Section 39-13-513 - Prostitution - Defenses, law.justia.com/codes/tennessee/title-39/chapter-13/part-5/section-39-13-513/. Accessed 17 Oct. 2025. 2024 Wyoming Statutes :: Title 6 - Crimes and Offenses :: Chapter 2 - Offenses against the Person :: Article 7 - Human Trafficking :: Section 6-2-709 - Victims’ Rights; Services., law.justia.com/codes/wyoming/title-6/chapter-2/article-7/section-6-2-709/. 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Alabama Code Title 13A, Chapter 6, Article 8B (2024) - Alabama Human Trafficking Safe Harbor Act. :: 2024 Code of Alabama :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/alabama/title-13a/chapter-6/article-8b/. Accessed 17 Oct. 2025. “Analysis Report Rhode Island.” Sharedhope, reportcards.sharedhope.org/wp-content/uploads/2022/10/2022-State-Analysis-ND.pdf. Accessed 17 Oct. 2025. “Arkansas Prostitution Laws: Definitions, Penalties, and Defenses.” LegalClarity, 21 Dec. 2024, legalclarity.org/arkansas-prostitution-laws-definitions-penalties-and-defenses/. Attorney General’s Labor Trafficking Task Force, olis.oregonlegislature.gov/liz/2023r1/Downloads/CommitteeMeetingDocument/258489. Accessed 17 Oct. 2025. “Bill Analysis .” 89(2) SB 11 - Committee Report (Unamended) Version - Bill Analysis, capitol.texas.gov/Search/DocViewer.aspx?DocId=892SB000114A&AllWords=&AnyWords=&ExactWords=&CustomWords=prostitution&DocType=A. Accessed 17 Oct. 2025. California, LegalClarity, et al. “Safe Harbor Law in California: Key Protections and Exceptions.” LegalClarity, 6 Mar. 2025, legalclarity.org/safe-harbor-law-in-california-key-protections-and-exceptions/. “Chapter 109 (HB 1063).” My LRC+, mylrc.sdlegislature.gov/api/Documents/SessionLaw/55160.html. Accessed 17 Oct. 2025. Chapter 12.1-41 Uniform Act on Prevention of and Remedies for Human Trafficking, ndlegis.gov/cencode/t12-1c41.pdf. Accessed 17 Oct. 2025. “Codified Laws.” South Dakota Legislature, sdlegislature.gov/Statutes/22-23. Accessed 17 Oct. 2025. “Codified Laws.” South Dakota Legislature, sdlegislature.gov/Statutes/22-23. Accessed 17 Oct. 2025.
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“The Florida Senate.” Chapter 796 - 2018 Florida Statutes - The Florida Senate, www.flsenate.gov/Laws/Statutes/2018/Chapter796/All. Accessed 17 Oct. 2025. “The Florida Senate.” House Bill 99 (2012) - The Florida Senate, www.flsenate.gov/Session/Bill/2012/0099. Accessed 17 Oct. 2025. “The Florida Senate.” House Bill 99 (2012) - The Florida Senate, www.flsenate.gov/Session/Bill/2012/0099. Accessed 17 Oct. 2025. GASenatePress. “Safe Harbor/Rachel’s Law Legislation Becomes Georgia Law.” Georgia Senate Press Office, 5 May 2015, senatepress.net/safe-harborrachels-law-legislation-becomes-georgia-law.html. General Laws of Rhode Island Chapter 11-67.1 (2024) - Uniform Act on Prevention of and Remedies for Human Trafficking :: 2024 Rhode Island General Laws :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/rhode-island/title-11/chapter-11-67-1/. Accessed 17 Oct. 2025. G.S. 14-204, www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-204.html. Accessed 17 Oct. 2025. House Bill 1775 Implementation Update, www.dcyf.wa.gov/sites/default/files/pdf/reports/HB1775Report2022.pdf. Accessed 17 Oct. 2025. House Bill 86, www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0086.pdf. Accessed 17 Oct. 2025. “Idaho Legislature.” Idaho State Legislature, legislature.idaho.gov/statutesrules/idstat/Title18/T18CH56/SECT18-5613/. Accessed 17 Oct. 2025. Karle, Rick. “Alabama House Passes Human Trafficking Safe Harbor Act.” Https://Www.Wbrc.Com, 14 Apr. 2016, www.wbrc.com/story/31668180/alabama-house-passes-human-trafficking-safe-harbor-act/. Louisiana Laws - Louisiana State Legislature, legis.la.gov/Legis/Law.aspx?d=78677. Accessed 17 Oct. 2025. “Legislation - HB0833.” Maryland General Assembly, mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0833?ys=2022RS. Accessed 17 Oct. 2025. Legislature, Delaware. “Delaware General Assembly.” Bill Detail - Delaware General Assembly, legis.delaware.gov/BillDetail?LegislationId=142423. Accessed 17 Oct. 2025. Louisiana Laws - Louisiana State Legislature, legis.la.gov/Legis/Law.aspx?d=78677. Accessed 17 Oct. 2025. Louisiana Revised Statutes § 14:14:46.3 - Trafficking of Children for Sexual Purposes :: 2024 Louisiana Laws :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-46-3/. Accessed 17 Oct. 2025. Ltc. Nebraska Legislature, nebraskalegislature.gov/laws/statutes.php?statute=28-801. Accessed 17 Oct. 2025. Maryland Criminal Law Code Title 11, Subtitle 3 (2024) - Prostitution and Related Crimes :: 2024 Maryland Code :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/maryland/criminal-law/title-11/subtitle-3/. Accessed 17 Oct. 2025. Maryland Passes Safe Harbor Law to Protect Trafficked Children | the Hill, thehill.com/homenews/state-watch/3935918-maryland-passes-safe-harbor-law-to-protect-trafficked-children/. Accessed 17 Oct. 2025. “Michigan Legislature.” MCL - Section 750.451 - Michigan Legislature, www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-451. Accessed 17 Oct. 2025. Mississippi in General Laws - 2024 Mississippi Code Title 97, Chapter 29, - in General :: 2024 Mississippi Code :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/mississippi/title-97/chapter-29/in-general/. Accessed 17 Oct. 2025. “Montana Code Annotated 2023.” 45-5-709. Immunity of Child -- Sex Therapy Participants, MCA, archive.legmt.gov/bills/mca/title_0450/chapter_0050/part_0070/section_0090/0450-0050-0070-0090.html. Accessed 17 Oct. 2025. “Montana Code Annotated 2023.” Part 7. Human Trafficking - Table of Contents, Title 45, Chapter 5, MCA, archive.legmt.gov/bills/mca/title_0450/chapter_0050/part_0070/sections_index.html. Accessed 17 Oct. 2025.NC General Statutes - Chapter 14 Article 10A 1 Article 10a. Human Trafficking., www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_10A.pdf. Accessed 17 Oct. 2025. New Jersey Revised Statutes Section 2C:13-8 (2024) - Human Trafficking. :: 2024 New Jersey Revised Statutes :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/new-jersey/title-2c/section-2c-13-8/. Accessed 17 Oct. 2025. NRS: Chapter 201 - Crimes Against Public Decency and Good Morals, www.leg.state.nv.us/nrs/NRS-201.html#NRS201Sec300. Accessed 17 Oct. 2025. “Office of the Revisor of Statutes.” Sec. 609.3241 MN Statutes, www.revisor.mn.gov/statutes/cite/609.3241. Accessed 17 Oct. 2025. Oklahoma Statutes §21-1029 (2024) - Engaging in Prostitution, Etc. - Soliciting or Procuring - Residing or Being in Place for Prohibited Purpose - Aiding, Abetting or Participating - Child Prostitution – Presumption of Coercion. :: 2024 Oklahoma Statutes :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/oklahoma/title-21/section-21-1029/. Accessed 17 Oct. 2025. “ORS 167.007 Prostitution.” Oregon Legislation, oregon.public.law/statutes/ors_167.007. Accessed 17 Oct. 2025.
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PART I. PROSTITUTION, PROMOTING PROSTITUTION, AND SEX TRAFFICKING, www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm. Accessed 17 Oct. 2025.
“Protection Minor Victims of Human Trafficking.” Protection Minor Victims Of Human Trafficking | Colorado General Assembly, leg.colorado.gov/bills/sb18-084. Accessed 17 Oct. 2025.
“Public Act No. 10-115 AN ACT PROVIDING A SAFE HARBOR FOR EXPLOITED CHILDREN.” State of Connecticut, cga.ct.gov/2010/FC/2010SB-00153-R000469-FC.htm. Accessed 17 Oct. 2025.
Safe Harbor Laws: Changing the Legal Response to Minors Involved in Commercial Sex, Phase 3. The Qualitative Analysis , www.ojp.gov/pdffiles1/ojjdp/grants/253244.pdf. Accessed 17 Oct. 2025. “Safe Harbor Laws.” Report Cards on Child & Youth Sex Trafficking - State Action. National Change., reportcards.sharedhope.org/safeharbor/. Accessed 17 Oct. 2025.
“Safe Harbor Legislation.” NCVLI, 29 May 2025, ncvli.org/safe-harbor-legislation/. “Safe Harbor Minnesota.” Safe Harbor Minnesota - MN Dept. of Health, www.health.state.mn.us/communities/humantrafficking/safeharbor/about.html. Accessed 17 Oct. 2025.
SB1460 - 2025 Regular Session | LIS, lis.virginia.gov/bill-details/20251/SB1460. Accessed 17 Oct. 2025.
“Section 2907.21: Compelling Prostitution.” Section 2907.21 - Ohio Revised Code | Ohio Laws, codes.ohio.gov/ohio-revised-code/section-2907.21. Accessed 17 Oct. 2025.
Section 3130.0 - Title 18 - Crimes and Offenses, www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.031.030.000..HTM. Accessed 17 Oct. 2025.
“Section 59.” General Law - Part IV, Title I, Chapter 265, Section 59, malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section59. Accessed 17 Oct. 2025.
Senate, NY State. “N.Y. Penal Law Section 230.35 – Promoting or Compelling Prostitution (2025).” New York Public Law, newyork.public.law/laws/n.y._penal_law_section_230.35. Accessed 17 Oct. 2025.
SP0173, LD 512, Item 1, an Act to Prohibit a Person under 18 Years of Age from Being Charged with the Crime of Engaging in Prostitution, www.mainelegislature.org/legis/bills/bills_128th/billtexts/SP017301.asp#TOP. Accessed 17 Oct. 2025.
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“Title 18.2. Crimes and Offenses Generally.” § 18.2-346.01. Prostitution; Solicitation; Commercial Exploitation of a Minor; Penalties, law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-346.01/. Accessed 17 Oct. 2025.
Utah Code Title 76, Chapter 10, Part 13 (2024) - Prostitution :: 2024 Utah Code :: U.S. Codes and Statutes :: U.S. Law :: Justia, law.justia.com/codes/utah/title-76/chapter-10/part-13/. Accessed 17 Oct. 2025.
“Vermont Laws.” State House Dome, legislature.vermont.gov/statutes/section/13/060/02652. Accessed 17 Oct. 2025.
“West Virginia Code Section 61-8-5.” West Virginia Code, code.wvlegislature.gov/61-8-5/. Accessed 17 Oct. 2025.
Wisconsin Legislature: 944.30, docs.legis.wisconsin.gov/statutes/statutes/944/v/30. Accessed 17 Oct. 2025.
Thank you!
No safe harbor
Risk of being re-victimized
There is no safe harbor law that gives victims of human trafficking immunity to their crimes in Wisconsin. There is also no immunity law for individuals under 18 years of age for crimes committed (specifically acts of prostitutuion). This is very contradictory to other laws in place. For example, minors legally cannot give consent to sexual relations, yet they can be charged with sex crimes.
- Risk of re-traumatizing a child
- No protection
- Often leads to no prosecution of the trafficker
What does quasi-punitive and CHINS refer to?
Quasi-punitive: refers to actions which are not fully criminal but can lead to penalties similar for criminal offenses. These are typically civil in nature but still carry significant legal consequences. CHINS: "child in need of services" classifies minors as children whos basic neds are not being met by their guardian. This usually leads to court intervention to ensure the child's safety and wellbeing. Focus is on the child's circumstances rather than criminal charges.
- Alaska
- Nevada
- Iowa
- Wisconsin
- Louisiana
- Ohio
- New York
- New Jersey
- Massachussetts
2025 Assembly Bill 79/Senate Bill 73
Section 5. 944.30 (2m)
Under this bill, a person who is under the age of 18 may not be prosecuted to adjudicated delinquent for committing an act of prostitution: "A person may not be proscuted under this section if he or she has not attained the age of 18 years at the time he or she commits an offense under sub. (1m)."
- Same elements applied from 2023 AB 48
- Oregon
- Arizona
- Texas
- Kansas
- Virginia
- Alaska
- Nevada
- Iowa
- Wisconsin
- Louisiana
- Ohio
- New York
- New Jersey
- Massachussetts
- Hawaii
§944.30
(1m): Prohibiting prostitution
"If the person under sub. (1m) has not attained the age of 18 years and if the court determines that the best interests of the person are served and society will not be harmed, the court may enter a consent decree under s. 938.32 or a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40"
- Settlement agreement
- Admission of guilt is not required
- Dismissal of charged if certain requirements are met
- Only aplicable if they choose to utilize it and not charge a minor
- Washington
- California
- Idaho
- Utah
- Colorado
- Montana
- New Mexico
- Oklahoma
- Nebraska
- North Dakota
- Minnesota
- Missouri
- Arkansas
- Mississippi
- Florida
- Georgia
- Tennessee
- Illinois
- Michigan
- Indiana
- Kentucky
- North Carolina
- South Carolina
- West Virginia
- Maryland
- Delaware
- Pennsylvania
- Connecticut
- Rhode Island
- New Hampshire
- Maine
§940.304; §948.02
Human Trafficking; Sexual Assault of a Child
§940.304: Defines human trafficking (and encapsulating crimes) and criminalizes it and related crimes. §948.02: Criminalizes sexual assault of a child in various degrees depending on the minor's age.
- Culpability and punishment placed on the adult trafficker/offender
- Protects children in the situations
- Conflicting with WI prostitution laws
2023 Assembly Bill 48
Section 5. 944.30 (2m)
An act to amend statutes relating to prosecuting or adjudicating delinquent a person under the age of 18 for committing an act of prostitution: "A person may not be prosecuted under this section if he or she has not attained the age of 18 years at the time he or she commits an offense under sub (1m). *Note: prior legislation included funding allocament to social services of youth, this has been taken out in recent proposals
- Decriminalizes prostitution for minors
- Eliminates the option to enter consent decree or deferred prosecution agreement under the Juvenile Justice Code or adult criminal statutes
- Wyoming
- South Dakota
- Alabama
- Vermont
What is an affirmative defense
An affirmative defense refers to a defendant's response of being accused of a crime. With this defense, the defendant admits to committing the crime they are accused of, but offers an explanation or justification for the crime. This defense can help reduce the defendant's legal liability. In this case, human trafficking or coercion could be used as an affirmative defense.
Decriminalizing Prostitution
Kalani Rodriguez Jimenez
Created on October 2, 2025
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Transcript
Kalani Rodriguez Jimenez
Decriminalizing Prostitution
State Statutes
Best practices, possible implementations
START
What is the issue?
Minors are being re-victimized
Across the United States, many states still charge children with prostitution even when they are victims of commercial sex eploitation or human trafficking. Wisconsin is one of these states. While minors are not legally consenting, they are still able to be charged and prosecuted with prostitution. Why is this happening?
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Prosecution as Protection
Often, criminally charging a child is the only way to keep them in custody and away from traffickers.
Classification of Protections Across States
Safe Harbor Laws: Provide immunity to minors
31
10
States with other forms of Juvenile Justice System exposure
States with quasi-punitive punishement (CHINS)
States with Safe Harbor Laws
States with affirmative defense only
States with no protections/ defenses
Minors involved in prostitution are typically in situations of human trafficking. Law enforcement often say that these laws and statutes are the only way they can keep youth safe. Without charging a minor, they often escape shelters or social services back to their trafficker or abuser.
Dive into Wisconsin's Laws
§944.30
Sexual Assault/Human Trafficking Laws
(Recent) Attempted Legislation
(Recent) Attempted Legislation
WI Law
Does not automatically charge minors for prostitution, but is still an option
Culpability for commercial sexual exploitation of a child is placed on the trafficker
2025 Assembly Bill 48/Senate Bill 73
2023 Assembly Bill 48
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Areas of Concern/Issues
Why is attempted legislation failing?
Blocked Legislation
Why is it being stopped?
1. Protection would be limited
Minors involved in prostitution are often in very vulnerable situations or victims of human trafficking. Law enforcement can charge them with prostitution or related crimes in order to "protect" them. This can help keep them away from their trafficker for longer amounts of time in order to connct them with needed resources. This is mostly done since often, minors will run away from shelters back to their abuser. Criminally charging minors is a more reliable force of separation.
Blocked Legislation
Why is it being stopped?
2. Not a pressing issue
While this may seem like a priority as legislation, it is not. Although minors can be charged with prostitution, that does not mean that it is happening often. Those under 18 years of age are usually charged with similar crimes or adjudicated a juvenile in need of protective services. This avoids giving them a prostitution conviction, but still leaves them with a criminal record. The fact that minors are not typically charged with prostitution has created a thought that this new legislation is not needed.
Blocked Legislation
Why is it being stopped?
3. Funding for social services
Originally when this bill was introduced, it focused on decriminalizing prostitution AND providing additional funding toward social services which would take the place of holding minors. However, this is one of the main points which deters lawmakers from implementing this law. This has led to the removal of additional funding completely, now the bill focuses only on decriminalizing prostitution.
Possible Implementations
How do other states work?
Guidance From Fellow States
How do other states operate?
Majority of US states have decriminalized prostitution for minors -- many of them in recent years. We can use these states and their policy implementations as potential routes for Wisconsin to take. Although immunity for minors is the goal, sometimes it is better to start with smaller steps in legislation, as this will likely lead to more bipartisan support.
Reduces the amount of youth in the juvenile justice system
Safe Harbor /Immunity
More access to services (mental health, substance abuse, educational, etc.)
Helps victims of human trafficking
Title 2
Guidance From Fellow States
How do other states operate?
Wyoming §6-2-708:Victims of human trafficking are not criminally liable for certain offenses committed due to being a victim (including prostitution). A minor who is a victim of human trafficking and commits prostitution shall be deemed a child in need of supervision, rather than delinquent.
Wyoming
Application to WI
Quasi-punitive method: minors can still technically be charged with prostitution or related crimes, may be adjudicated CHINS
Implementing the aspect of remedy after conviction would greatly serve those who are victims but possibly could not prove it at the time. This would help clear their name and also serve to remedy some of the trauma they endured. The adjudication of a minor as CHINS would also serve a child by not assigning a stigamatizing criminal record to them.
There is a focus on requirement of the minor being a victim
A court may vacate a conviction if it was established after that the minor was a victim
Title 2
Guidance From Fellow States
How do other states operate?
Alabama § 13A-12-12: Provides a safe harbor provision for a child who enagages in the act of prostitution because they were sexually exploited. The child may not be adjudicated delinquent or convicted of prostitution, rather they are adjudicated a child in need of supervision or a dependent child.
Alabama
Application to WI
Protections for minors who were sexually exploited
This path could be taken in Wisconsin -- instead of having the option to criminally convict a child, adjudicating them as a child in need of supervision could be the default path. This would avoid retraumatizing a child while ensuring that they are protected from their abuser.
Adjudicated to a child need in supervision rather than delinquent -- provides services otherwise not guaranteed
Minors may not be transfered to adult court which protects them from more punitive convictions
Title 2
Guidance From Fellow States
How do other states operate?
Connecticut § Public Act No. 10-115: Follows a tiered approach: prostitution has been decriminalized for those aged 15 and under. There has been an assumption created for for a person aged 16-17 that they were coerced into prostitution
Connecticut
Application to WI
Those 15 and under are thoroughly protected through the law
Since Wisconsin's age for adult offenses is 17, this option could be appealing to those who agree with the current minimum age requirement. Since it gives those 16-17 more responsibility with the actions and treats them as adults, it may help to earn bipartisan support.
Those aged 16-17 may still be charged with prostitution, but are presumed to have been coerced
There is an affirmative action defense of coercion
Title 2
Guidance From Fellow States
How do other states operate?
Mississippi § 97-29-51: If a person suspected of or charged with promoting prostitution is a minor under 18 who meets the definition of a trafficked person, the minor is immune from prosecution for prostitution.
Mississippi
Application to WI
Minors are recognized as victims of sex trafficking if they are involved in prostitution
In Wisconsin, this would require that the minor be a victim of trafficking in order to gain immunity. It would instead provide resources/services rather than punishment. While the funding aspect for services may be a barrier, it would limit who gets the resources since not all minors gain immunity under this legislation.
Minors also presumed to be a child who has been neglected or abused
If a person is believed to be a victim of trafficking, it shall be considered a mitigating factor & they shall be referred to appropriate resources
Title 2
Guidance From Fellow States
How do other states operate?
Oklahoma § 97-29-51: No child who is a victim of human trafficking shall be subject to juvnile delinquency or criminal proceedings for prostitution if it occured from the result of the child being a victim of human trafficking.
Oklahoma
Application to WI
Minors are not criminally charged if they were victims of human trafficking
If implemented in Wisconsin, this law would provide immunity to minors who were victims of human trafficking rather than all minors by default. This may earn more bipartisan support from those who still want punitive results for minors' actions.
Immunity is dependent on the fact that the minor was a victim
Further punitive measures for those who commit prostitution with anyone under 18 years old -- it is considered child sex trafficking
Title 2
Guidance From Fellow States
How do other states operate?
West Virginia § 61-8-5: Minors cannot be prosecuted for prostitution if the court determines that they are a victim of human trafficking.
West Virginia
Application to WI
Limits immunity to minors who were victims of certain offenses
In Wisconsin, this legislation could also earn bipartisan support, since immunity would be limited to victims and the victimization would need to be determined by a court. This may appeal to legislators who still value punitive measures.
Minors are also not criminally liable if they were victims
Allows immunity for minors for reasons not reliant on human trafficking, such as coercion or threats
Title 2
Guidance From Fellow States
How do other states operate?
Funds for human trafficking victims: go towards social services Many states across the United States have established safe harbor funds or funds for sexually exploited chilren. The funds are collected from sex crimes fines and fees, as well as from offenses against chidren. Collected funds are then reallocated towards social services and programs which serve sexually exploited children. Establishing this sort of fund in Wisconsin would ease the funding element which is a key issue in the legislation. This fund and the money collected could be used to better serve youth in Wisconsin by providing resources and offering more assistance to those who are vulnerable.
Outcomes
How would this be beneficial?
Implementation Outcomes
Key elements
Criminal responsibility
diversion
services
Why would a safe harbor law benefit minors?
Conclusion
In the state of Wisconsin, minors are still eligible to be charged with prostitution. However, this law is rarely used against them, it is a law that remains unemployed. Instead, other charges can be placed on a child to keep protected against their possible abuser/trafficker -- but this only works to revictimize the child and traumatize them. Rather than criminalize exploited and traumatized children, it is crucial that Wisconsin provide more resources outside of the juvenile justice system that work to serve minors -- without adjudicating them delinquent. In Wisconsin's case, the best practice would be to implement safe harbor laws, which do not give all minors immunity, but focus on those who are victims of human trafficking. Many safe harbor laws jointly establish a fund for sexually exploited children and human trafficking victims. This implementation could create an opening for funding going towards social services for victims, which would relief some of the funding stress often discussed within the legislature. This change in legislation may have more bipartisan appeal and would benefit those who are directly victims. This change would also lead to room to further expand immunity to all minors.
Sources
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Accessed 17 Oct. 2025. 2024 New Hampshire Revised Statutes :: Title LXII - Criminal Code :: Chapter 645 - Public Indecency :: Section 645:2 - Prostitution and Related Offenses., law.justia.com/codes/new-hampshire/title-lxii/chapter-645/section-645-2/. Accessed 17 Oct. 2025. 2024 Tennessee Code :: Title 39 - Criminal Offenses (§§ 39-1-101 — 39-17-1812) :: Chapter 13 - Offenses Against Person (§§ 39-13-101 — 39-13-1004) :: Part 5 - Sexual Offenses (§§ 39-13-501 — 39-13-535) :: Section 39-13-513 - Prostitution - Defenses, law.justia.com/codes/tennessee/title-39/chapter-13/part-5/section-39-13-513/. Accessed 17 Oct. 2025. 2024 Wyoming Statutes :: Title 6 - Crimes and Offenses :: Chapter 2 - Offenses against the Person :: Article 7 - Human Trafficking :: Section 6-2-709 - Victims’ Rights; Services., law.justia.com/codes/wyoming/title-6/chapter-2/article-7/section-6-2-709/. 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Thank you!
No safe harbor
Risk of being re-victimized
There is no safe harbor law that gives victims of human trafficking immunity to their crimes in Wisconsin. There is also no immunity law for individuals under 18 years of age for crimes committed (specifically acts of prostitutuion). This is very contradictory to other laws in place. For example, minors legally cannot give consent to sexual relations, yet they can be charged with sex crimes.
What does quasi-punitive and CHINS refer to?
Quasi-punitive: refers to actions which are not fully criminal but can lead to penalties similar for criminal offenses. These are typically civil in nature but still carry significant legal consequences. CHINS: "child in need of services" classifies minors as children whos basic neds are not being met by their guardian. This usually leads to court intervention to ensure the child's safety and wellbeing. Focus is on the child's circumstances rather than criminal charges.
2025 Assembly Bill 79/Senate Bill 73
Section 5. 944.30 (2m)
Under this bill, a person who is under the age of 18 may not be prosecuted to adjudicated delinquent for committing an act of prostitution: "A person may not be proscuted under this section if he or she has not attained the age of 18 years at the time he or she commits an offense under sub. (1m)."
§944.30
(1m): Prohibiting prostitution
"If the person under sub. (1m) has not attained the age of 18 years and if the court determines that the best interests of the person are served and society will not be harmed, the court may enter a consent decree under s. 938.32 or a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40"
§940.304; §948.02
Human Trafficking; Sexual Assault of a Child
§940.304: Defines human trafficking (and encapsulating crimes) and criminalizes it and related crimes. §948.02: Criminalizes sexual assault of a child in various degrees depending on the minor's age.
2023 Assembly Bill 48
Section 5. 944.30 (2m)
An act to amend statutes relating to prosecuting or adjudicating delinquent a person under the age of 18 for committing an act of prostitution: "A person may not be prosecuted under this section if he or she has not attained the age of 18 years at the time he or she commits an offense under sub (1m). *Note: prior legislation included funding allocament to social services of youth, this has been taken out in recent proposals
What is an affirmative defense
An affirmative defense refers to a defendant's response of being accused of a crime. With this defense, the defendant admits to committing the crime they are accused of, but offers an explanation or justification for the crime. This defense can help reduce the defendant's legal liability. In this case, human trafficking or coercion could be used as an affirmative defense.