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HB 5016

Relating to the financial administration of legislative branch agencies; and declaring an emergency.

2025 Regular Session

Michigan HB 5016 updates the Penal Code to use commercial sexual activity, raises minor-enticement age to under 18, and adds these offenses to racketeering (RICO) predicates.

Chapter 586, (2025 Laws): Effective date July 24, 2025.
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Bill Summary · HB 5016

Summary — Michigan House Bill HB 5016 (2025)

Bill title (short): Amend Michigan Penal Code to modify offenses and references to “prostitute” and “prostitution” (commercial sexual activity)

Introduced: March 13, 2025
Sponsor: Rep. Laurie Pohutsky (and others)
Status: House introduced; read first time; referred to Judiciary (and previously referred to Ways & Means). Bill text electronically reproduced 09/18/2025. Tied to a package of related bills (HB 5014–5019, HB 5020–5028).

Purpose / Intent

HB 5016 updates multiple sections of the Michigan Penal Code to:
- Replace older terminology (“prostitute,” “prostitution,” “house of ill fame,” etc.) with modernized language centered on “commercial sexual activity” and “person engaged in commercial sexual activity.”
- Adjust age-based protections relating to enticement of minors for sexual purposes.
- Add commercial sexual activity–related offenses to the list of predicate offenses for racketeering (i.e., RICO-style enforcement).
- Repeal one statute (section 750.449a) and make cross‑references and penalty/definition updates across many penal code sections.

Key provisions (high level)

  • Section 13: Raises the age threshold in the child-enticing-for-sex provision from “under the age of 16” to “under the age of 18.” A person who takes or entices away a minor under 18 for prostitution, commercial sexual activity, sexual intercourse, child sexual abuse, marriage, etc., is guilty of a felony punishable by up to 10 years’ imprisonment.
  • Section 159g (racketeering definitions): Adds prostitution/commercial sexual activity offenses (specifically references to sections 452, 455, 457, 458, and 459) to the list of offenses that qualify as racketeering activity, broadening the set of predicates that can support organized‑crime/RICO prosecutions.
  • Section 167 (disorderly persons): Replaces the term “common prostitute” with “person engaged in commercial sexual activity”; updates language about loitering in places where prostitution occurs to reference places where “commercial sexual activity is practiced.”
  • Multiple other Penal Code sections listed (750.411j; 750.448, 449, 450, 451, 451a, 451c, 452–460, 462, and 750.520m) are amended primarily to align terminology, cross‑references, and statutory structure with the new phrasing (full list of specific edits is contained in the bill text).
  • Repeal: Section 750.449a (text of that section not included in the summary) is repealed.

Who/what would be affected

  • Individuals charged under current prostitution statutes: language changes will alter how statutes are titled and described (from “prostitute/prostitution” to “person engaged in commercial sexual activity/commercial sexual activity”).
  • Minors (16– and 17‑year‑olds): enticement protections are expanded by increasing the protected age to under 18.
  • Law enforcement, prosecutors, and defense attorneys: statutory terminology, charging documents, and case law interpretation may need updating; inclusion of these offenses as racketeering predicates could enable new prosecutorial tools.
  • Businesses and locations where commercial sexual activity occurs: statutory references to “places where prostitution is practiced” are revised to “places in which commercial sexual activity is practiced,” which may affect nuisance, loitering, and related enforcement provisions.
  • Anti‑trafficking and organized‑crime enforcement efforts: by listing commercial sexual activity offenses among racketeering predicates, the bill creates a clearer statutory basis for treating organized commercial sexual exploitation as RICO activity.

Potential impacts / considerations

  • Raising the age in the enticement statute strengthens criminal protections for 16– and 17‑year‑olds who might be targeted for commercial sexual activity, potentially increasing felony prosecutions of adults who recruit or transport those minors.
  • Modernizing terminology may reflect an intent to focus on commercial sexual conduct and organizations rather than labeling individuals, but the bill retains criminal penalties tied to commercial sexual activity and related conduct.
  • Adding commercial sexual activity offenses to the racketeering list could increase the use of coordinated, multi‑count prosecutions (e.g., against networks or enterprises) and potentially raise penalties or asset‑forfeiture exposure for organizers, managers, or commercial operators.
  • Repealing section 750.449a may remove or alter a specific provision related to prostitution; practitioners should consult the text of that repealed section and the full amended code for operational effects.

Procedural / timeline notes

  • Filed: March 13, 2025; read first time and referred to committee.
  • Reproduced electronically: September 18, 2025.
  • Referred to Committee on Judiciary (with earlier referral activity to Ways & Means noted).
  • The bill is tied to a set of related bills (HB 5014–5019, HB 5020–5028) — consider those bills for the broader legislative package and policy intent.

For legal or operational application, consult the full bill text and final enacted language (including the companion bills) to see all specific statutory substitutions, penalty adjustments, and repeals.

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

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