Summary — HB 5841 (Substitute H‑2): Amendments to Michigan Penal Code — “Prostitution” → “Commercial Sexual Activity”
Status & Timeline
- Introduced: June 25, 2024 (Rep. Mai Xiong).
- House action: Substitute (H‑2) adopted and bill passed the House on December 11, 2024 (immediate effect); title amended and transmitted.
- Referred: Committee on Government Operations (12/18/2024); referred to Joint Committee on Appropriations (1/22/2025).
Purpose
- To modernize and broaden the Michigan Penal Code provisions currently labeled “prostitution” by replacing that term with an expanded statutory category, “commercial sexual activity,” and to update related terminology, elements, ages, penalties, and cross‑references throughout chapter LXVII and related sections.
Key substantive changes
- Terminology and scope
- Replaces the terms “prostitution,” “prostitute,” “brothel,” etc., with “commercial sexual activity,” “person engaged in commercial sexual activity,” and defines places of commercial sexual activity (house, vehicle, other place).
- Reorganizes and consolidates multiple prostitution‑related sections of chapter LXVII into updated sections (including moving and consolidating provisions from sections 448, 449, 450, and others).
- Definition of “commercial sexual activity”
- Covers paid conduct or paid depictions for which money changes hands, including:
- Depictions (motion picture, video game, exhibition, show, representation, or other presentation) that depict nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.
- Acts of sexual contact (intentional touching of intimate parts or clothing covering intimate parts when reasonably construed for sexual arousal/gratification, including for revenge/humiliation/anger).
- Acts of sexual penetration (sexual intercourse, cunnilingus, fellatio, anal intercourse, any intrusion of body part or object into genital/anal openings; emission of semen not required).
- Production, distribution, financing, or possession of child sexually abusive material.
- Age references
- General age references updated from 16 to 18 years in numerous provisions.
- Section 462 (allowing a person to remain in a place where commercial sexual activity is practiced) is revised to cover taking or allowing a person who is 19 or younger to be in such a place for non‑commercial purposes (text reflects a distinct age reference).
- Penalties
- Maintains current first‑offense penalty: misdemeanor — up to 93 days imprisonment and/or fine up to $500.
- Increases penalty for repeat offenders: second offense is elevated to a felony punishable by up to 2 years imprisonment and/or fine up to $2,000 (the summary is truncated for later offense increases; the bill generally increases penalties for repeat or more serious offenses).
- Racketeering and related statutes
- Amends the racketeering definition (sec. 159g) and other cross‑references to include the updated commercial sexual activity offenses among predicate offenses for racketeering/related criminal schemes.
- Repeal
- Repeals section 449a of 1931 PA 328 (MCL 750.449a) as part of the reorganization.
Who is affected
- Individuals: persons who provide or obtain paid sexual services, persons who produce or distribute sexual material (including child sexually abusive material), and minors involved in commercial sexual contexts (age thresholds adjusted).
- Businesses/places: houses, vehicles, or other locations where commercial sexual activity is practiced — subject to new definitions and liability.
- Criminal justice system: law enforcement, prosecutors, and courts will apply updated definitions, age thresholds, and enhanced penalties; racketeering and trafficking prosecutions may be affected by the expanded predicate list.
Impact and considerations
- Broadens the statutory reach of Michigan’s prostitution laws to encompass paid sexual depictions and a wider set of sexual acts; raises some age protections from 16 to 18; elevates penalties for repeat violations.
- Consolidation/relabeling may change charging language and affect enforcement priorities; inclusion of paid depictions and child sexually abusive material clarifies criminal exposure for online/produced sexual content.
- Further legislative or committee review pending in the Senate/appropriations process following House passage.
