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Lawmakers propose House Bill 128 to go after solicitation

KEITH ARNOLD
Special to the Legal News

Published: April 19, 2019

A pair of lawmakers in the Ohio House of Representatives are hoping to stanch the rising incidents of prostitution associated with the state's opioid crisis.

Reps. Adam Miller, D-Columbus, and Kyle Koehler, R-Springfield, recently made the case for their bipartisan legislation to strengthen penalties for soliciting prostitution and increase funding for Ohio's Victims of Human Trafficking Fund.

"The link between the opioid crisis and prostitution is clear - and one we cannot ignore," Miller said of House Bill 128 at its introduction. "Cracking down on those exploiting addicts is one step, but providing essential resources and connecting those struggling with addiction with treatment options will help Ohioans reclaim their lives and end this vicious cycle."

According to the Polaris Project, a U.S.-based global nonprofit tasked with eradicating human trafficking, more than two-thirds of women involved in human trafficking who were addicted to opioids became prostitutes after their opioid use began.

Miller and Koehler said the state's battle against opioid abuse and addiction has led to an increase in prostitution across the state.

Over the past two years, the number of prostitution-related arrests has increased by more than 30 percent, according to police statistics.

A first-time offense of soliciting in Franklin County is a third-degree misdemeanor, with a maximum sentence of 60 days in jail and a fine of up to $500.

Most offenders, however, plea down to a small fine, typically around $150, the lawmakers said.

HB 128 would take solicitation offenses from a third- to a first-degree misdemeanor, increasing fines for solicitation to up to $1,500, nearly half of which could go to court-sanctioned prostitution prevention or victim relief programs.

"In addressing prostitution and sexual exploitation we must address the issue of supply and demand," Koehler told fellow House members seated on the Criminal Justice Committee during sponsor testimony. "In the end, prostitution in Ohio always involves more than one person.

"The first purpose of House Bill 128 is to change state law in order to combat the demand side of this issue. The increased penalties demonstrate we are serious about stopping 'Johns' from creating the demand that increases human trafficking in our state."

He said another purpose of the bill is to give judges the discretion to place half of the fine paid by the perpetrator to the human trafficking victims fund, created during the 129th General Assembly.

Money in this fund is to be used for the sole purpose of treating, caring for, rehabilitating, educating, housing and providing assistance for victims of trafficking in persons.

Another provision of HB 128 would make solicitation within 1,500 feet of a school or place of worship a fifth-degree felony, punishable by a fine of up to $1,500, with up to $750 going to prevention and relief programs.

"It is time to get serious about the issues of human trafficking and sexual exploitation in Ohio, and I believe HB 128 is a step in the right direction," Koehler said.

A second hearing of the bill had not been scheduled at time of publication.

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