Bill
SB 2399
The bill decriminalizes private, consensual commercial sexual activity, replacing criminal penalties with a health- and rights‑focused framework while expanding trafficking definit
Date Introduced: January 30, 2026
Sponsor: Senator Tiara Mack (also co-sponsored)
Jurisdiction: Rhode Island, General Assembly; referred to Senate Judiciary
Effective date: Upon passage
Overall purpose
- The bill would decriminalize certain private, consensual commercial sexual activity and reorganize Rhode Island’s approach to prostitution-related offenses. It repeals a number of existing provisions in Chapter 11-34.1 and related sections, while introducing new frameworks aligned with less criminalization, human-rights–oriented approaches, and public health considerations. It also expands the scope of human trafficking as a racketeering activity and provides for expungement of certain records after one year.
Key provisions and changes
1) Decriminalization and law reform
- Repeals sections 11-34.1-1 through 11-34.1-14 of the General Laws (Chapter 11-34.1, “Commercial Sexual Activity”) and related provisions in other chapters. In effect, Rhode Island would move away from criminalizing private, consensual sex work and related activities to a framework that does not criminalize private sexual activity between adults for a fee.
- The bill also repeals several provisions formerly used to prosecute prostitution, loitering for prostitution, soliciting from motor vehicles for indecent purposes, and pandering or permitting prostitution.
2) Definitions and new regime
- Introduces definitions for “sexual conduct,” “commercial sexual activity,” and “fee.” Defines the scope of activities that could be affected by the new regime (e.g., activities performed or promised for a fee).
- Replaces criminal penalties with more limited or restructured penalties in the revised framework (see below for specific criminal penalties in retained sections).
3) Retained/modified offenses and penalties
- The bill retains and reorganizes some offenses under a new structure, including:
- Prostitution-related offenses with defined penalties (e.g., up to six months imprisonment or fines in hundreds to thousands of dollars for first offenses; higher penalties for subsequent offenses).
- Loitering for prostitution, solicitation from motor vehicles for indecent purposes, pandering, and related activity, with new penalties and provisions for forfeiture in certain circumstances.
- Some offenses remain but are subject to new interpretations and enhanced enforcement mechanisms, including potential asset forfeiture provisions in certain cases.
4) Forfeiture and criminal procedure
- Section 11-34-8.3 (Criminal forfeiture procedures) is retained and expanded to govern forfeiture of property (e.g., motor vehicles) connected to offenses, with court oversight, restraining orders, bonds, and hearings prior to final forfeiture.
5) Expungement
- Amends 11-34.1-5 to allow expungement of certain records for offenders convicted, placed on probation, or whose cases were filed under certain commercial-sex-activity statutes after one year, at no cost and at the court’s discretion.
6) Related amendments
- Broadens the concept of “racketeering activity” to include human trafficking and prostitution (within the RICO framework).
- Amendments to related health and welfare provisions (e.g., HIV testing and reporting requirements), and to the statutes governing minors, witnesses, and related child welfare concerns, reflecting a broader public-health and protections-focused approach.
- Repeals or amends certain nuisance, trafficking, and public-safety provisions to align with the decriminalized framework.
Who would be affected
- Individuals engaged in commercial sexual activity (sex workers) and those who receive fees for sexual services.
- Clients or customers paying for sexual services (depending on enforcement under the new framework).
- Businesses or venues associated with sexual activity (e.g., spas, brothels) under the changed regulatory regime.
- Law enforcement, prosecutors, and the judiciary (shift in charging practices, forfeiture procedures, and expungement processes).
- Victims of trafficking or coercion receive updated definitions and affirmative defenses, with broader protections and reporting requirements integrated into the health and welfare provisions.
Procedural and timeline aspects
- The act would take effect upon passage.
- Action history shows it was recommended “held for further study” by the committee on April 30, 2026, with prior scheduling for hearings in late April 2026. Exact passage status beyond this is not included in the provided text.
Notes
- The act is framed around findings from a 2021–2023 Rhode Island Legislative Study Commission on racial equity, health, and safety laws affecting marginalized individuals, emphasizing decriminalization and health-centered approaches for sex work and trafficking issues.
- The bill references recommendations to restore a pre-2009 landscape or adopt a model similar to New Zealand’s decriminalization framework, with safeguards against exploitation of minors.
If you’d like, I can provide a side-by-side comparison with current Rhode Island law to highlight exact changes in penalties, definitions, and forfeiture provisions.
Compiled from official sources — confirm details with the bill’s official record.
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