What are the additional penalty amounts that are supposed to be imposed on the various prostitution related laws based on the 2012 Engrossed Substitute House Bill 1983?

ESHB 1983 added additional fees to any finding of guilt, entry of deferred disposition, or entry of a diversion on all violations of Criminal Trafficking (Class A Felony), Permitting Prostitution (Misdemeanor), Patronizing a Prostitute (Misdemeanor), Promoting Prostitution in the First Degree (Class B Felony), or Promoting Prostitution in the Second Degree (Class C Felony).  The additional fees cannot be waived, reduced, or suspended unless the defendant is found, on the record, to be unable to pay. If the penalties are reduced they can only be reduced up to two-thirds of the maximum allowable fee.


The fees are different, based on the charge that the finding of guilt, entry of deferred disposition, or entry of a diversion was entered on.  The fees are defined by law below:

RCW 9A.40.100 - Criminal Trafficking (Class A Felony):  $3000

RCW 9A.88.090 - Promoting Prostitution (Misdemeanor), RCW 9A.88.110 - Patronizing a Prostitute (Misdemeanor), or a similar local ordinance: 

  • 1st offense - $1,500
  • 2nd offense - $2,500
  • 3rd and subsequent offenses - $5,000


RCW 9A.88.070 - Promoting Prostitution in the first degree (Class B Felony), RCW 9A.88.080 - Promoting Prostitution in the second degree (Class C Felony), or a similar local ordinance.:

  • 1st offense - $3,000
  • 2nd offense - $6,000
  • 3rd and subsequent offenses - $10,000


RCW 9.68A.100 - Commercial Sex Abuse of a Minor (Class B Felony), RCW 9.68A.101 - Promoting Commercial Sex Abuse of a Minor (Class A Felony), RCW 9.68A.102 - Promoting Travel for Commercial Sex Abuse of a Minor, or any comparable local ordinances: $5,000

The additional fees should be recorded on the Create A/R screen using the following codes:


  • Superior Courts use the existing A/R Type Code of PPI.
  • Courts of Limited Jurisdiction use the existing Cost Fee Code of PRP.


NOTE:  New BARS Codes were created for these codes.  Each court must update their County Department Cross Reference Codes (DCXT) to include the new BARS Codes.  The DCXT Worksheets for each court level have been updated with the new BARS Code information.  See the court level specific Codes Manual for the updated DCXT Worksheets.


 

RN id: 2265