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HB 5358

AN ACT RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL ACTIVITY

2025 Regular Session Introduced by Edith Ajello and 9 co-sponsors

Provides immunity from prostitution-related charges for victims/witnesses who report or aid law enforcement, plus an affirmative defense for those coerced into commercial sex.

07/02/2025 Signed by Governor
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Bill Summary · HB 5358

Summary — HB 5358 (Sub A as amended): "Commercial Sexual Activity"

Status: Signed by Governor (effective upon passage — 07/02/2025)
Introduced: Feb 7, 2025 (filed Mar 14, 2025)
Primary sponsors: Reps. Ajello, Cruz, Felix, Tanzi, Craven, Shallcross Smith, Speakman, Boylan, McGaw, Furtado

Purpose / Intent

The bill narrows criminal exposure for people involved in commercial sexual activity by (1) adding a statutory affirmative defense for people who were forced into such activity, and (2) creating limited immunity from citation, arrest, or prosecution for certain prostitution-related offenses when the person reports or cooperates with law enforcement as a victim or witness. The stated policy aim is to encourage reporting and avoid criminalizing people who are victims of coercion or trafficking.

Key provisions

  1. Amendment to § 11-34.1-2 (Prostitution)

    • Restates existing penalties:
      • First offense: misdemeanor, up to 6 months imprisonment, fine $250–$1,000, or both.
      • Subsequent offense: up to 1 year imprisonment, fine $500–$1,000, or both.
    • Adds an affirmative defense where the accused proves they were forced to engage in commercial sexual activity by:
      • Threats or actual physical harm;
      • Physical restraint or threatened restraint;
      • Threats to misuse law or legal process;
      • Destruction, concealment, removal, or confiscation of passport/immigration or government ID; or
      • Intimidation causing the accused reasonably to perceive a threat to their physical well‑being.

  2. New § 11-34.1-15 — Immunity from citation, arrest, or prosecution

    • A person shall not be cited, arrested, or prosecuted for violations of § 11-34.1-2 (prostitution) or § 11-34.1-4 if both conditions are met:
      1. The person witnessed or was a victim of a crime (or learned another was a victim) and then promptly reports it to law enforcement in good faith, or assists/attempts to assist law enforcement (including by truthful testimony); and
      2. The commission or attempted commission of that crime occurred at or around the time of, and was related to, the conduct prohibited by the cited prostitution-related sections.
    • Defines “victim” as someone who sustained personal injury or property loss directly attributable to another’s criminal conduct.
    • The bill’s explanatory text indicates the immunity applies under certain circumstances to prostitution, procurement of sexual conduct for a fee, loitering for prostitution, and soliciting from motor vehicles for indecent purposes.

Who is affected

  • Individuals charged with prostitution-related misdemeanors in Rhode Island: may avoid citation/prosecution if they meet the statute’s reporting/cooperation and timing/relationship tests.
  • Law enforcement and prosecutors: will apply the new immunity and affirmative defense rules in investigations and charging decisions.
  • Victims of trafficking/coercion: gain a statutory defense and potential protection from prosecution when they report or cooperate.

Procedural timeline (selected)

  • Introduced: Feb 7, 2025 (filed Mar 14, 2025)
  • Committee consideration and floor actions: May–June 2025
  • House passed Sub A as amended: 06/10/2025
  • Senate passed Sub A as amended: 06/20/2025
  • Transmitted to Governor: 06/27/2025
  • Signed by Governor (effective upon passage): 07/02/2025

Practical impact / considerations

  • Encourages victims and witnesses to report crimes related to commercial sexual activity without fear of immediate arrest for prostitution-related offenses.
  • Provides legal protection for people coerced into prostitution through an affirmative defense listing common coercive tactics (including document confiscation and threats).
  • Implementation will require guidance for police, prosecutors, and courts on what constitutes “prompt,” “in good faith,” and the temporal/causal connection required between the reported crime and the prostitution-related conduct.

Compiled from official sources — confirm details with the bill’s official record.

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