Summary of Bill A 4215 (Session 222, New Jersey)
Jurisdiction: New Jersey
Title: Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund"
Status: Introduced February 19, 2026; Referred to Assembly Public Safety and Preparedness Committee
Primary Sponsors:
- Main sponsor: (not listed in provided text)
- Co-sponsors: Aura Dunn, Gerry Scharfenberger, Shama Haider, Dawn Fantasia, Carol Murphy
Purpose and Intent
- The bill aims to strengthen consequences for individuals who purchase sexual activity (prostitution as a patron) and to direct the resulting fines to support victims of human trafficking through the established Human Trafficking Survivor’s Assistance Fund (HTSAF).
- It seeks to reinforce the link between demand reduction for prostitution and support services for trafficking survivors.
Key Provisions
1) Amendment to N.J.S.2C:34-1 (Prostitution and Related Offenses)
- Redefines offense level for prostitution as a patron:
- Current law: First offense generally a disorderly persons offense; repeat offenses escalate to higher degrees.
- New law: Prostitution as a patron becomes a crime of the fourth degree for its first offense (instead of a lower-tier offense), with a fourth offense remaining a crime of the third degree.
- Other existing provisions related to promoting prostitution and offenses involving minors or coercion remain, including:
- Prohibitions on promoting prostitution (and related activities such as procuring, transporting for promotion, etc.).
- Provisions covering involvement with minors (under 18) and certain adult-victim scenarios.
- Penalty framework (summary):
- Degree structure reconfigured so a patron offense is elevated to fourth degree on first offense.
- Paragraphs outlining second, third, and subsequent offenses retain higher-tier penalties, with the fourth offense staying a third-degree crime.
2) Fines and Mandatory Deposit to HTSAF
- New requirement that fines imposed for offenses under N.J.S.2C:34-1 (prostitution as a patron) and related disorders are deposited into the HTSAF.
- Specifically:
- For certain offenses, an additional penalty of at least $10,000 and up to $50,000 is imposed; if the offense involved promotion of prostitution of a child under 18, the penalty is at least $25,000.
- All such penalties are forwarded to the Department of the Treasury to be deposited into the HTSAF (P.L.2013, c.51).
- The HTSAF is dedicated to survivor services, anti-trafficking awareness, and program development.
3) Section 11 of P.L. 2013, c.51 (Prostitution Offender Program)
- Establishes a mandatory program participation:
- Court must order conviction of a fourth-degree crime for engaging in prostitution as a patron to attend the Prostitution Offender Program, unless the prosecutor waives mandatory participation.
- A $500 program participation fee is assessed, in addition to other fines.
- The $500 is split: $200 retained in HTSAF, $200 to the approved provider of the Prostitution Offender Program, and $100 to the arresting law enforcement agency.
- Prostitution Offender Program (d. subsection) details:
- Educational program about prostitution, human trafficking, health risks, legal consequences of convictions, and prevalence/effects of trafficking.
- Program may be operated by a county/local governmental entity or by a state-approved nonprofit/private provider.
- Location and implementation timelines: State program to be established within six months; county/local programs may be established if approved by the Attorney General in consultation with the Commission on Human Trafficking.
- Courts in jurisdictions without a local program may order attendance at the State program, with geographic considerations for availability.
- Funds from HTSAF may be used for development and operation of the program and educational materials.
Effective Date
- The act takes effect immediately upon enactment.
Implications and Potential Impacts
Deterrence and Public Safety:
- Elevating the offense for prostitution as a patron to a fourth-degree crime on first offense signals a stricter stance against demand for sexual services.
- Higher penalties on subsequent offenses may increase consequences for repeat offenders.
Financial Flows to HTSAF:
- All fines and penalties collected under these provisions would support the HTSAF, aligning enforcement with survivor services and anti-trafficking education.
- The program fees create a dedicated revenue stream for offender education and enforcement outcomes.
Victim Support and Education:
- The Prostitution Offender Program emphasizes awareness of trafficking causes, health risks, and legal consequences, aiming to reduce reoffending and improve victim support outcomes.
Compliance and Administration:
- Court and municipal authorities must coordinate with the HTSAF and the Attorney General for program approvals, funding allocations, and implementation timelines.
Note: The bill’s text establishes a comprehensive framework linking criminal penalties for patrons of prostitution with targeted funding for human trafficking survivor support and offender education.