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HB 5851

Crimes: prostitution; references to prostitute and prostitution; modify in the child protection law. Amends sec. 2 of 1975 PA 238 (MCL 722.622).

2023-2024 Regular Session Introduced by Kelly Breen and 19 co-sponsors

Adds commercial sexual activity to Michigan Child Protection definitions of sexual exploitation, broadening investigations and registry placements for under-18s.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#children:protection #crimes:prostitution
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Bill Summary · HB 5851

Summary — HB 5851 (Child Protection Law amendments)

Status: Passed by House (Dec 11, 2024, immediate effect); referred to Committee on Government Operations (Dec 18, 2024); referred to Joint Committee on Education (Jan 22, 2025). Introduced June 25, 2024 by Rep. Kimberly Edwards (with multiple co-sponsors).

Main purpose

HB 5851 updates the Child Protection Law (1975 PA 238) by amending section 2 (MCL 722.622) — the statute’s definitions — to explicitly recognize and incorporate the term “commercial sexual activity” into the law’s definitions of sexual exploitation and related child-protection concepts. The bill is part of a broader legislative package that replaces the terms “prostitution” and “prostitute” in Michigan law with the more broadly defined concept of “commercial sexual activity.”

Key provisions and changes

  • Amends the definitions section (Sec. 2, MCL 722.622) of the Child Protection Law.
  • Expands the definition of “confirmed sexual exploitation” to explicitly include:
    • Allowing, permitting, or encouraging a child to engage in prostitution or a commercial sexual activity; and
    • Allowing, permitting, encouraging, or engaging in photographing, filming, or depicting a child engaged in a listed sexual act (cross‑referencing MCL 750.145c).
  • Continues to define “child” as an individual under 18, and retains/clarifies related definitional language for other actors (e.g., “person responsible for the child’s health or welfare,” “nonparent adult,” etc.).
  • Harmonizes child-protection terminology with companion bills that revise criminal-law language to use “commercial sexual activity” and to define related terms elsewhere in Michigan law.

Who is affected

  • Children (defined as under 18) — the legal scope for what constitutes sexual exploitation is broadened to explicitly capture commercial sexual activity.
  • Child Protective Services (Department of Health & Human Services) — reporting, investigation, and central registry determinations may be affected by the expanded definitional scope.
  • Parents, guardians, child-care providers, foster-care operators, teachers, clergy, and other “persons responsible for a child’s health or welfare” — conduct involving commercial sexual activity may trigger child-protection responses.
  • Law enforcement and prosecutors — alignment of definitions between child-protection law and criminal statutes may affect charging, evidence, and coordination.

Procedural/timeline notes

  • Introduced 06/25/2024; passed House on 12/11/2024 (Roll Call #433), given immediate effect.
  • Referred to Committee on Government Operations (12/18/2024); also recorded as referred to Joint Committee on Education (01/22/2025).
  • HB 5851 functions in tandem with a set of companion bills (HBs 5841–5864) that together replace “prostitution” terminology across statutes and establish a statutory definition of “commercial sexual activity.”

Potential impact

By embedding “commercial sexual activity” in the Child Protection Law’s definitions of sexual exploitation, HB 5851 broadens the statutory language used to identify and confirm exploitation of minors. This may increase the range of conduct subject to child-protection investigation and central-registry placement and aligns child-welfare definitions with parallel changes proposed in the Penal Code and other statutes.

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

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