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Subcommittee backs felony upgrade for solicitation to target buyers and trafficking demand
Summary
Senate Bill 235, as amended, would upgrade solicitation/procurement of prostitution to a felony to deter buyers and aid trafficking prosecutions; witnesses included survivors, anti-trafficking advocates, law-enforcement allies and researchers who said felony classification increases enforcement incentives and may reduce cross-border displacement.
Senate Bill 235 would elevate solicitation and procurement of prostitution from a misdemeanor to a felony, add an offense for grooming someone for prostitution and preserve an affirmative defense for persons who committed the offense under duress or as victims of trafficking. The Judiciary Subcommittee adopted the sponsor's substantive amendment and a technical amendment, then voted the bill out favorably as amended.
Sponsor Senator Kimbrell (Senator Kimbrell identified himself as working on the bill and described intent) said the bill's purpose is to shift legal pressure away from people who are prostituted — many of whom are coerced or trafficked — and toward buyers and traffickers who create demand. The sponsor and multiple witnesses argued that South Carolina's misdemeanor penalty (a fine up to $200) leaves law enforcement little incentive to undertake resource-intensive reverse-sting and procurement investigations, and that neighboring states' tougher laws could push buyers and traffickers across borders.
Survivors and service providers delivered the most detailed testimony. Heather Pagan and Marjorie Saylor (survivors) described long histories of exploitation beginning in adolescence and urged stronger penalties for buyers and traffickers, arguing victims need services rather than prosecution. Dr. Dina Rapp, a long-time anti-trafficking advocate, cited research showing a large share of people in prostitution are controlled by third parties and said upgrading solicitation is aimed at demand and trafficking, not consensual adults. Joseph Duncan, a former bouncer who now does outreach work, and other witnesses described the marketplace dynamics and the wide range of buyer profiles from ordinary citizens to professionals.
Criminal-justice researchers and national advocacy groups testified in support. Michael Shively, a researcher, said moving solicitation to a felony incentivizes law enforcement to make arrests, creates additional leverage in investigations, and produces collateral consequences that may deter buyers. National and local anti-trafficking organizations, including testimony submitted by Catherine Glenn Foster and others, urged the committee to target demand and cited examples from Texas and North Carolina where stronger buyer penalties produced changes in enforcement patterns.
The committee adopted an amendment offered by the sponsor to ensure the bill's penalties focus on procurement and solicitation rather than unintentionally increasing punishment for victims; the panel also adopted a technical drafting amendment. The committee advanced the bill to the full Judiciary Committee with a favorable report.
