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Representative introduces RS 31888 to elevate solicitation charge to felony
Summary
Representative Britt Raybould introduced RS 31888, a request statute that would make solicitation a felony. The committee voted to introduce the request statute for printing.
Representative Britt Raybould told the committee RS 31888 would remove the misdemeanor charge for solicitation and treat attempted solicitation as a felony. Raybould said the measure is part of efforts to combat human trafficking and to treat solicitation with greater severity.
In questions, members discussed how the bill interacts with other criminal provisions. Raybould said the existing code provides for escalation from misdemeanor to felony under other sections of law and referenced a code provision that carries a potential state prison sentence of up to five years and fines up to $50,000 for some related offenses. Raybould said consultation with prosecuting attorneys indicated the threshold for successful prosecution is high and that prosecutors are cautious to avoid charging cases that lack sufficient evidence.
Representative Marco Erickson moved to introduce RS 31888 for printing; the committee approved the introduction by voice vote.
Members asked for more detail about third-party organizers who facilitate solicitation; Raybould said penalties for those actors are addressed elsewhere in code. Representative Ehart asked members to be prepared to discuss potential unintended consequences later in the process, citing prior committee conversations about college students and interactions that could create lasting criminal records; Raybould said prosecutors advise that successful conviction generally requires a high evidentiary threshold.
