R029-1112

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A Resolution Concerning LEGALIZATION OF SEX WORK WHEREAS: In the State of Maryland, the performance of any sexual act, sexual contact, or vaginal intercourse for hire is currently punishable by fine of up to $10,000, imprisonment not exceeding 10 years, or both. In the State of Maryland, the assignation or solicitation of any of the aforementioned acts of prostitution is currently punishable by a fine of up to $500, imprisonment not exceeding 1 year, or both. Individuals engaging in the act of prostitution are subject to abuse of physical, emotional, and sexual nature, harassment, and potential rape due to the nature of their profession and may not seek legal retribution out of fear for their own legal standing. Each year, the State of Maryland spends a significant amount of law enforcement resources in the enforcement of prostitution related law. Sex workers are at a much higher risk for HIV, AIDS, and other STIs with no incentive to subject themselves to testing. These STIs are then subject to spreading throughout their clients. It has been proven that the outlawing of sex work increases public disorder by way of unnecessary police work including police chases, pervasive disrespect for laws regarding the act, and increased spread of HIV and other STIs

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THEREFORE, BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to amend current legislation regarding the act of prostitution as well as the acts of assignation and solicitation of prostitution to mirror changes made in other states regarding these acts and create a safer environment for sex workers as well as for the general population. BE IT FURTHER RESOLVED: That the acts of prostitution, assignation, and solicitation of a prostitute be made legal only in the form of regulated brothels. Acts of this nature performed outside these brothels will remain illegal and any found guilty of these acts outside of a regulated brothel will be subject to the same penalties that are currently in place regarding the corresponding crime. BE IT FURTHER RESOLVED: That a standardized method of payment is developed for acts of prostitution, with the sex worker contributing half of her earnings to the brothel and the earnings of both the individual sex workers and the legal brothels themselves to be issued a service tax at the rate of 2%. This will ensure tax revenue for the State of Maryland as well. Sex workers will also operate as independent contractors and thus be ineligible for unemployment or retirement as long as they remain registered within a legal brothel. Every sex worker will be responsible for paying Federal income tax and their earnings must be reported to the IRS. BE IT FURTHER RESOLVED: That each sex worker will be required to undergo mandatory monthly testing for HIV as well as all other STIs and general health and wellness checks. All sex workers must additionally practice

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only safe sex, with condoms and dental dams being mandatory in any sex act performed within a legal brothel. If any brothel is found to be negligent in enforcing these regulations, said brothel may be shut down and subject to thorough investigation. Owners of said brothel may also face fines of up to $5,000. BE IT FURTHER RESOLVED: No sex worker may be under the legal age of consent. If any sex workers within a legal brothel are found to be so, the brothel will be fined up to $10,000 and subject to thorough investigation. The owners of said brothel may face individual fine as well as potential imprisonment not to exceed 5 years. No client of a legal brothel may be under the legal age of consent. Brothels must perform mandatory ID checks of every patron. If any patron of a legal brothel is found to be under the age of consent, the brothel will be fined up to $10,000 and subject to thorough investigation. Additionally the owners of said brothel may face individual fine as well as potential imprisonment not to exceed 5 years. If a brothel is found to have more than an isolated incident of any sex worker under the legal age of consent or to be negligent in the checking of patron ID, said brothel may be shut down immediately. MANDATES: Martin OMalley, Governor

SPONSOR: Emily M. Tanner, St. Marys College of Maryland, emtanner@smcm.edu